[Congressional Record Volume 162, Number 61 (Wednesday, April 20, 2016)]
[Senate]
[Pages S2207-S2289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENERGY POLICY MODERNIZATION ACT OF 2015
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of S. 2012, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (S. 2012) to provide for the modernization of the
energy policy of the United States, and for other purposes.
The PRESIDING OFFICER. Under the previous order, the time until 10
a.m. will be equally divided between the two leaders or their
designees.
Who yields time?
If no one yields time, time will be discharged equally to both sides.
The Senator from Washington.
Ms. CANTWELL. Mr. President, we are about to vote on the Energy
Modernization Act of 2016. I know my colleague, the chairwoman of the
committee from Alaska, will probably like to close debate. So I would
like to a take a few minutes before that vote this morning to again
thank all of our colleagues for their diligent consideration of this
legislation.
We will be passing the first Energy bill since 2007. This Energy bill
will be the first one in 9 years. It is a modernization of our energy
system that is so desperately needed because it focuses on cleaner,
more efficient, more renewable sources of energy that is more cost-
effective for the consumer. It does this by modernizing the grid,
making investments in advanced storage technology, smart buildings,
composite materials, and vehicle batteries. It improves cyber security
and helps plan for the workforce we need for tomorrow.
I urge my colleagues to make sure this legislation passes. I want to
say that yesterday, we substantially improved this legislation--
particularly with the inclusion of both the public lands package that
includes the Yakima River Basin Bill from the State of Washington; as
well as the bipartisan SAVE Act--which will help homeowners recognize
the investments they make in energy efficiency so they can benefit from
it when they are ready to sell their homes.
I think yesterday's efforts helped improve this legislation, but all
of this would not be possible without the staff and the support of so
many people. I thank Angela Becker-Dippman, Sam Fowler, David Brooks,
Rebecca Bonner, Rosemarie Calabro Tully, John Davis, Benjamin Drake,
David Gillers, Rich Glick, Spencer Gray, Sa'Rah Hamm, Aisha Johnson,
Faye Matthews, Scott McKee, Casey Neal, Bryan Petit, David Poyer, Betsy
Rosenblatt, Sam Siegler, Bradley Sinkaus, Carolyn Sloan, Rory Stanley,
Melanie Stansbury, Al Stayman, Nick Sutter, Stephanie Teich-McGoldrick,
Brie Van Cleve, and of course I thank Colin Hayes and Karen Billups
from the majority staff who have worked so hard on this legislation as
well.
As I said, the improvements we are making in this bill help us reach
the goals that have been outlined in the Quadrennial Energy Review.
Department of Energy Secretary Ernest Moniz helped us on this
legislation, clearly calling for the type of 21st century energy
infrastructure investments that will help our country remain
economically competitive in the future. It also will help us train the
1.5 million new workers we will need, over the next 15 years.
I should say, one of the provisions we were so happy to defeat
amendments on yesterday was preserving the Land and Water Conservation
Fund. The Land and Water Conservation Fund is one of the preeminent
programs in our country for preserving open space at a time when our
country continues to develop. It has been a program that has nurtured
that very important need for all of us to be outdoors, and it has also
helped to build an outdoor economy.
So we are saying to the American public this is a program we believe
should be made permanent, particularly after last September's lapse and
successfully renewing it for just a couple of years. It is time to say
the Land and Water Conservation Fund, a program that has been around
since the 1960s, should be made permanent.
I thank everyone again for their work on this legislation. I hope we
get a resounding vote out of the Senate and a quick conference with the
House of Representatives so we can plan for America's energy future in
a more effective, streamlined way, and we can then realize the
opportunity to help our businesses and consumers plan for the energy
future.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. Mr. President, in the very short time we have before
the vote is called, I have just a few comments this morning. We have
completed our work on a bill that includes more than 350 amendments
that were filed to this broad, bipartisan bill. We have accepted a
total now of 65 of those amendments.
This bill contains priorities from over 80 Members of this body. Not
everything has been smooth. I think we recognize that. I think this
bill has shown that the Senate does work, the Senate can work
cooperatively, that they can work toward a bipartisan product that will
produce long-lasting
[[Page S2208]]
benefits for the people who have sent us here to serve them.
Our next step, our last step, is obtaining final passage. I would
strongly encourage all of our colleagues to vote aye this morning.
There are plenty of reasons to do that. I will repeat what I said
yesterday: Our bill will help America produce more energy. It will help
Americans save more energy. It will protect our mineral security and
our manufacturers. It will boost innovation, leading to new
technologies and new jobs. It will increase America's influence on the
world stage, allowing us to finally become that global energy
superpower and enjoy the benefits that come with it.
This is a good bill. This is an important bill for our country. I
thank our colleagues who have worked with us to get to this point. I
urge my colleagues to support the Energy Policy Modernization Act and
vote for this bill.
The PRESIDING OFFICER. The Senator's time has expired.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall it pass?
Ms. MURKOWSKI. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Texas (Mr. Cruz).
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Carper)
and the Senator from Vermont (Mr. Sanders) are necessarily absent.
The PRESIDING OFFICER (Mr. Cotton). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 85, nays 12, as follows:
[Rollcall Vote No. 54 Leg.]
YEAS--85
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Leahy
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Schatz
Schumer
Shaheen
Stabenow
Sullivan
Tester
Thune
Tillis
Udall
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--12
Boozman
Cotton
Lankford
Lee
Paul
Perdue
Rubio
Sasse
Scott
Sessions
Shelby
Toomey
NOT VOTING--3
Carper
Cruz
Sanders
The bill (S. 2012), as amended, was passed as follows:
S.2012
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Policy Modernization Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--EFFICIENCY
Subtitle A--Buildings
Sec. 1001. Greater energy efficiency in building codes.
Sec. 1002. Budget-neutral demonstration program for energy and water
conservation improvements at multifamily residential
units.
Sec. 1003. Coordination of energy retrofitting assistance for schools.
Sec. 1004. Energy efficiency materials pilot program.
Sec. 1005. Utility energy service contracts.
Sec. 1006. Use of energy and water efficiency measures in Federal
buildings.
Sec. 1007. Building training and assessment centers.
Sec. 1008. Career skills training.
Sec. 1009. Energy-efficient and energy-saving information technologies.
Sec. 1010. Availability of funds for design updates.
Sec. 1011. Energy efficient data centers.
Sec. 1012. Weatherization Assistance Program.
Sec. 1013. Reauthorization of State energy program.
Sec. 1014. Smart building acceleration.
Sec. 1015. Repeal of fossil phase-out.
Sec. 1016. Federal building energy efficiency performance standards.
Sec. 1017. Codification of Executive Order.
Sec. 1018. Certification for green buildings.
Sec. 1019. High performance green federal buildings.
Sec. 1020. Evaluation of potentially duplicative green building
programs.
Sec. 1021. Study and report on energy savings benefits of operational
efficiency programs and services.
Sec. 1022. Use of Federal disaster relief and emergency assistance for
energy-efficient products and structures.
Sec. 1023. Watersense.
Subtitle B--Appliances
Sec. 1101. Extended product system rebate program.
Sec. 1102. Energy efficient transformer rebate program.
Sec. 1103. Standards for certain furnaces.
Sec. 1104. Third-party certification under Energy Star program.
Sec. 1105. Energy conservation standards for commercial refrigeration
equipment.
Sec. 1106. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.
Sec. 1107. Application of energy conservation standards to certain
external power supplies.
Subtitle C--Manufacturing
Sec. 1201. Manufacturing energy efficiency.
Sec. 1202. Leveraging existing Federal agency programs to assist small
and medium manufacturers.
Sec. 1203. Leveraging smart manufacturing infrastructure at National
Laboratories.
Subtitle D--Vehicles
Sec. 1301. Short title.
Sec. 1302. Objectives.
Sec. 1303. Coordination and nonduplication.
Sec. 1304. Authorization of appropriations.
Sec. 1305. Reporting.
PART I--Vehicle Research and Development
Sec. 1306. Program.
Sec. 1307. Manufacturing.
PART II--Medium- and Heavy-Duty Commercial and Transit Vehicles
Sec. 1308. Program.
Sec. 1309. Class 8 truck and trailer systems demonstration.
Sec. 1310. Technology testing and metrics.
Sec. 1311. Nonroad systems pilot program.
PART III--Administration
Sec. 1312. Repeal of existing authorities.
Sec. 1313. Reauthorization of diesel emissions reduction program.
Sec. 1314. Gaseous fuel dual fueled automobiles.
Subtitle E--Short Title
Sec. 1401. Short title.
Subtitle F--Housing
Sec. 1501. Definitions.
Sec. 1502. Enhanced energy efficiency underwriting criteria.
Sec. 1503. Enhanced energy efficiency underwriting valuation
guidelines.
Sec. 1504. Monitoring.
Sec. 1505. Rulemaking.
Sec. 1506. Additional study.
TITLE II--INFRASTRUCTURE
Subtitle A--Cybersecurity
Sec. 2001. Cybersecurity threats.
Sec. 2002. Enhanced grid security.
Subtitle B--Strategic Petroleum Reserve
Sec. 2101. Strategic Petroleum Reserve modernization.
Sec. 2102. Strategic petroleum reserve drawdown and sale.
Subtitle C--Trade
Sec. 2201. Action on applications to export liquefied natural gas.
Sec. 2202. Public disclosure of liquefied natural gas export
destinations.
Sec. 2203. Energy data collaboration.
Subtitle D--Electricity and Energy Storage
Sec. 2301. Grid storage program.
Sec. 2302. Electric system grid architecture, scenario development, and
modeling.
Sec. 2303. Hybrid micro-grid systems for isolated and resilient
communities.
Sec. 2304. Voluntary model pathways.
Sec. 2305. Performance metrics for electricity infrastructure
providers.
Sec. 2306. State and regional electricity distribution planning.
Sec. 2307. Authorization of appropriations.
Sec. 2308. Electric transmission infrastructure permitting.
Sec. 2309. Report by transmission organizations on distributed energy
resources and micro-grid systems.
Sec. 2310. Net metering study guidance.
Sec. 2311. Model guidance for combined heat and power systems and waste
heat to power systems.
Subtitle E--Computing
Sec. 2401. Exascale computer research program.
[[Page S2209]]
TITLE III--SUPPLY
Subtitle A--Renewables
PART I--Hydroelectric
Sec. 3001. Hydropower regulatory improvements.
Sec. 3002. Hydroelectric production incentives and efficiency
improvements.
Sec. 3003. Extension of time for a Federal Energy Regulatory Commission
project involving Clark Canyon Dam.
Sec. 3004. Extension of time for a Federal Energy Regulatory Commission
project involving Gibson Dam.
PART II--Geothermal
subpart a--geothermal energy
Sec. 3005. National goals for production and site identification.
Sec. 3006. Priority areas for development on Federal land.
Sec. 3007. Facilitation of coproduction of geothermal energy on oil and
gas leases.
Sec. 3008. Noncompetitive leasing of adjoining areas for development of
geothermal resources.
Sec. 3009. Report to Congress.
Sec. 3010. Authorization of appropriations.
subpart b--development of geothermal, solar, and wind energy on public
land
Sec. 3011. Definitions.
Sec. 3011A. Land use planning; supplements to programmatic
environmental impact statements.
Sec. 3011B. Environmental review on covered land.
Sec. 3011C. Program to improve renewable energy project permit
coordination.
Sec. 3011D. Savings clause.
subpart c--geothermal exploration
Sec. 3012. Geothermal exploration test projects.
PART III--Marine Hydrokinetic
Sec. 3013. Definition of marine and hydrokinetic renewable energy.
Sec. 3014. Marine and hydrokinetic renewable energy research and
development.
Sec. 3015. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 3016. Authorization of appropriations.
PART IV--Biomass
Sec. 3017. Policies relating to biomass energy.
Subtitle B--Oil and Gas
Sec. 3101. Amendments to the Methane Hydrate Research and Development
Act of 2000.
Sec. 3102. Liquefied natural gas study.
Sec. 3103. FERC process coordination with respect to regulatory
approval of gas projects.
Sec. 3104. Pilot program.
Sec. 3105. GAO review and report.
Sec. 3106. Ethane storage study.
Sec. 3107. Aliso Canyon natural gas leak task force.
Sec. 3108. Report on incorporating Internet-based lease sales.
Sec. 3109. Denali National Park and Preserve natural gas pipeline.
Subtitle C--Helium
Sec. 3201. Rights to helium.
Subtitle D--Critical Minerals
Sec. 3301. Definitions.
Sec. 3302. Policy.
Sec. 3303. Critical mineral designations.
Sec. 3304. Resource assessment.
Sec. 3305. Permitting.
Sec. 3306. Federal Register process.
Sec. 3307. Recycling, efficiency, and alternatives.
Sec. 3308. Analysis and forecasting.
Sec. 3309. Education and workforce.
Sec. 3310. National geological and geophysical data preservation
program.
Sec. 3311. Administration.
Sec. 3312. Authorization of appropriations.
Subtitle E--Coal
Sec. 3401. Sense of the Senate on carbon capture, use, and storage
development and deployment.
Sec. 3402. Fossil energy.
Sec. 3403. Establishment of coal technology program.
Sec. 3404. Report on price stabilization support.
Subtitle F--Nuclear
Sec. 3501. Nuclear energy innovation capabilities.
Sec. 3502. Next generation nuclear plant project.
Subtitle G--Workforce Development
Sec. 3601. 21st Century Energy Workforce Advisory Board.
Sec. 3602. Energy workforce pilot grant program.
Subtitle H--Recycling
Sec. 3701. Recycled carbon fiber.
Sec. 3702. Energy generation and regulatory relief study regarding
recovery and conversion of nonrecycled mixed plastics.
Sec. 3703. Eligible projects.
Sec. 3704. Promoting use of reclaimed refrigerants in Federal
facilities.
Subtitle I--Thermal Energy
Sec. 3801. Modifying the definition of renewable energy to include
thermal energy.
TITLE IV--ACCOUNTABILITY
Subtitle A--Loan Programs
Sec. 4001. Terms and conditions for incentives for innovative
technologies.
Sec. 4002. State loan eligibility.
Sec. 4003. GAO Study on fossil loan guarantee incentive program.
Sec. 4004. Program eligibility for vessels.
Sec. 4005. Additional reforms.
Sec. 4006. Department of Energy Indian energy education planning and
management assistance program.
Subtitle B--Energy-Water Nexus
Sec. 4101. Nexus of energy and water for sustainability.
Sec. 4102. Smart energy and water efficiency pilot program.
Subtitle C--Innovation
Sec. 4201. America COMPETES programs.
Sec. 4202. Inclusion of early stage technology demonstration in
authorized technology transfer activities.
Sec. 4203. Supporting access of small business concerns to National
Laboratories.
Sec. 4204. Microlab technology commercialization.
Sec. 4205. Sense of the Senate on accelerating energy innovation.
Sec. 4206. Restoration of Laboratory Directed Research and Development
Program.
Sec. 4207. National Science and Technology Council coordinating
subcommittee for high-energy physics.
Subtitle D--Grid Reliability
Sec. 4301. Bulk-power system reliability impact statement.
Sec. 4302. Report by transmission organizations on diversity of supply.
Subtitle E--Management
Sec. 4401. Federal land management.
Sec. 4402. Quadrennial Energy Review.
Sec. 4403. State oversight of oil and gas programs.
Sec. 4404. Under Secretary for Science and Energy.
Sec. 4405. Western Area Power Administration pilot project.
Sec. 4406. Research grants database.
Sec. 4407. Review of economic impact of BSEE rule on small entities.
Sec. 4408. Energy emergency response efforts of the Department.
Sec. 4409. GAO report on Bureau of Safety and Environmental Enforcement
statutory and regulatory authority for the procurement of
helicopter fuel.
Sec. 4410. Conveyance of federal land within the Swan Lake
hydroelectric project boundary.
Sec. 4411. Study of waivers of certain cost-sharing requirements.
Sec. 4412. National park centennial.
Sec. 4413. Program to reduce the potential impacts of solar energy
facilities on certain species.
Sec. 4414. Wild horses in and around the Currituck National Wildlife
Refuge.
Subtitle F--Markets
Sec. 4501. Enhanced information on critical energy supplies.
Sec. 4502. Working Group on Energy Markets.
Sec. 4503. Study of regulatory framework for energy markets.
Subtitle G--Affordability
Sec. 4601. E-prize competition pilot program.
Sec. 4602. Carbon dioxide capture technology prize.
Subtitle H--Code Maintenance
Sec. 4701. Repeal of off-highway motor vehicles study.
Sec. 4702. Repeal of methanol study.
Sec. 4703. Repeal of authorization of appropriations provision.
Sec. 4704. Repeal of residential energy efficiency standards study.
Sec. 4705. Repeal of weatherization study.
Sec. 4706. Repeal of report to Congress.
Sec. 4707. Repeal of report by General Services Administration.
Sec. 4708. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 4709. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 4710. Repeal of procurement and identification of energy efficient
products program.
Sec. 4711. Repeal of national action plan for demand response.
Sec. 4712. Repeal of national coal policy study.
Sec. 4713. Repeal of study on compliance problem of small electric
utility systems.
Sec. 4714. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 4715. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 4716. Repeal of submission of reports.
Sec. 4717. Repeal of electric utility conservation plan.
Sec. 4718. Emergency Energy Conservation repeals.
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Sec. 4719. Energy Security Act repeals.
Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act
of 1980 repeals.
Sec. 4721. Elimination and consolidation of certain America COMPETES
programs.
Sec. 4722. Repeal of state utility regulatory assistance.
Sec. 4723. Repeal of survey of energy saving potential.
Sec. 4724. Repeal of photovoltaic energy program.
Sec. 4725. Repeal of energy auditor training and certification.
Sec. 4726. Repeal of authorization of appropriations.
Sec. 4727. Repeal of Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.
Sec. 4728. Repeal of hydrogen research, development, and demonstration
program.
Sec. 4729. Repeal of study on alternative fuel use in nonroad vehicles
and engines.
Sec. 4730. Repeal of low interest loan program for small business fleet
purchases.
Sec. 4731. Repeal of technical and policy analysis for replacement fuel
demand and supply information.
Sec. 4732. Repeal of 1992 Report on Climate Change.
Sec. 4733. Repeal of Director of Climate Protector establishment.
Sec. 4734. Repeal of 1994 report on global climate change emissions.
Sec. 4735. Repeal of telecommuting study.
Sec. 4736. Repeal of advanced buildings for 2005 program.
Sec. 4737. Repeal of Energy Research, Development, Demonstration, and
Commercial Application Advisory Board.
Sec. 4738. Repeal of study on use of energy futures for fuel purchase.
Sec. 4739. Repeal of energy subsidy study.
Sec. 4740. Modernization of terms relating to minorities.
TITLE V--CONSERVATION REAUTHORIZATION
Sec. 5001. National Park Service Maintenance and Revitalization
Conservation Fund.
Sec. 5002. Land and Water Conservation Fund.
Sec. 5003. Historic Preservation Fund.
Sec. 5004. Conservation incentives landowner education program.
TITLE VI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION
Sec. 6001. Short title.
Subtitle A--Indian Tribal Energy Development and Self-determination Act
Amendments
Sec. 6011. Indian tribal energy resource development.
Sec. 6012. Indian tribal energy resource regulation.
Sec. 6013. Tribal energy resource agreements.
Sec. 6014. Technical assistance for Indian tribal governments.
Sec. 6015. Conforming amendments.
Sec. 6016. Report.
Subtitle B--Miscellaneous Amendments
Sec. 6201. Issuance of preliminary permits or licenses.
Sec. 6202. Tribal biomass demonstration project.
Sec. 6203. Weatherization program.
Sec. 6204. Appraisals.
Sec. 6205. Leases of restricted lands for Navajo Nation.
Sec. 6206. Extension of tribal lease period for the Crow Tribe of
Montana.
Sec. 6207. Trust status of lease payments.
TITLE VII--BROWNFIELDS REAUTHORIZATION
Sec. 7001. Short title.
Sec. 7002. Expanded eligibility for nonprofit organizations.
Sec. 7003. Multipurpose brownfields grants.
Sec. 7004. Treatment of certain publicly owned brownfield sites.
Sec. 7005. Increased funding for remediation grants.
Sec. 7006. Allowing administrative costs for grant recipients.
Sec. 7007. Small community technical assistance grants.
Sec. 7008. Waterfront brownfields grants.
Sec. 7009. Clean energy brownfields grants.
Sec. 7010. Targeted funding for States.
Sec. 7011. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS
Sec. 8001. Removal of use restriction.
TITLE IX--MISCELLANEOUS
Sec. 9001. Interagency transfer of land along George Washington
Memorial Parkway.
TITLE X--NATURAL RESOURCES
Subtitle A--Land Conveyances and Related Matters
Sec. 10001. Arapaho National Forest boundary adjustment.
Sec. 10002. Land conveyance, Elkhorn Ranch and White River National
Forest, Colorado.
Sec. 10003. Land exchange in Crags, Colorado.
Sec. 10004. Cerro del Yuta and Rio San Antonio Wilderness Areas.
Sec. 10005. Clarification relating to a certain land description under
the Northern Arizona Land Exchange and Verde River Basin
Partnership Act of 2005.
Sec. 10006. Cooper Spur land exchange clarification amendments.
Sec. 10007. Expedited access to certain Federal land.
Sec. 10008. Black Hills National Cemetery boundary modification.
Subtitle B--National Park Management, Studies, and Related Matters
Sec. 10101. Refund of funds used by States to operate national parks
during shutdown.
Sec. 10102. Lower Farmington and Salmon Brook recreational rivers.
Sec. 10103. Special resource study of President Street Station.
Sec. 10104. Special resource study of Thurgood Marshall's elementary
school.
Sec. 10105. Special resource study of James K. Polk presidential home.
Sec. 10106. North Country National Scenic Trail route adjustment.
Sec. 10107. Designation of Jay S. Hammond Wilderness Area.
Sec. 10108. Advisory Council on Historic Preservation.
Sec. 10109. Establishment of a visitor services facility on the
Arlington Ridge tract.
Subtitle C--Sportsmen's Access and Land Management Issues
PART I--National Policy
Sec. 10201. Congressional declaration of national policy.
PART II--Sportsmen's Access to Federal Land
Sec. 10211. Definitions.
Sec. 10212. Federal land open to hunting, fishing, and recreational
shooting.
Sec. 10213. Closure of Federal land to hunting, fishing, and
recreational shooting.
Sec. 10214. Shooting ranges.
Sec. 10215. Federal action transparency.
PART III--Filming on Federal Land Management Agency Land
Sec. 10221. Commercial filming.
PART IV--Bows, Wildlife Management, and Access Opportunities for
Recreation, Hunting, and Fishing
Sec. 10231. Bows in parks.
Sec. 10232. Wildlife management in parks.
Sec. 10233. Identifying opportunities for recreation, hunting, and
fishing on Federal land.
PART V--Federal Land Transaction Facilitation Act
Sec. 10241. Federal Land Transaction Facilitation Act.
PART VI--Fish and Wildlife Conservation
Sec. 10251. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 10252. North American Wetlands Conservation Act.
Sec. 10253. National fish habitat conservation.
Sec. 10254. Gulf States Marine Fisheries Commission report on Gulf of
Mexico outer Continental Shelf State boundary extension.
Sec. 10255. GAO report on Gulf of Mexico outer Continental Shelf State
boundary extension.
PART VII--Miscellaneous
Sec. 10261. Respect for treaties and rights.
Sec. 10262. No priority.
Subtitle D--Water Infrastructure and Related Matters
PART I--Fontenelle Reservoir
Sec. 10301. Authority to make entire active capacity of Fontenelle
Reservoir available for use.
Sec. 10302. Savings provisions.
PART II--Bureau of Reclamation Transparency
Sec. 10311. Definitions.
Sec. 10312. Asset management report enhancements for reserved works.
Sec. 10313. Asset management report enhancements for transferred works.
Sec. 10314. Offset.
PART III--Basin Water Management
subpart a--yakima river basin water enhancement
Sec. 10321. Short title.
Sec. 10322. Modification of terms, purposes, and definitions.
Sec. 10323. Yakima River Basin Water Conservation Program.
Sec. 10324. Yakima Basin water projects, operations, and
authorizations.
Sec. 10325. Authorization of Phase III of Yakima River Basin Water
Enhancement Project.
subpart b--klamath project water and power
Sec. 10329. Klamath Project.
PART IV--Reservoir Operation Improvement
Sec. 10331. Reservoir operation improvement.
PART V--Hydroelectric Projects
Sec. 10341. Terror Lake Hydroelectric Project Upper Hidden Basin
Diversion authorization.
Sec. 10342. Stay and Reinstatement of FERC License No. 11393 for the
Mahoney Lake Hydroelectric Project.
Sec. 10343. Extension of deadline for hydroelectric project.
[[Page S2211]]
Sec. 10344. Extension of deadline for certain other hydroelectric
projects.
Sec. 10345. Equus Beds Division extension.
Sec. 10346. Extension of time for a Federal Energy Regulatory
Commission project involving Cannonsville Dam.
PART VI--Pumped Storage Hydropower Compensation
Sec. 10351. Pumped storage hydropower compensation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--EFFICIENCY
Subtitle A--Buildings
SEC. 1001. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
and standards developed and updated through a consensus
process among interested persons, such as the IECC or the
code used by--
``(A) the Council of American Building Officials, or its
legal successor, International Code Council, Inc.;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) In General.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State and local
codes.
``(b) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 2 years after the date on
which a model building energy code is updated, each State or
Indian tribe shall certify whether or not the State or Indian
tribe, respectively, has reviewed and updated the energy
provisions of the building code of the State or Indian tribe,
respectively.
``(B) Demonstration.--The certification shall include a
demonstration of whether or not the energy savings for the
code provisions that are in effect throughout the State or
Indian tribal territory meet or exceed--
``(i) the energy savings of the updated model building
energy code; or
``(ii) the targets established under section 307(b)(2).
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(D), each State or Indian
tribe shall, not later than 2 years after the specified date,
certify whether or not the State or Indian tribe,
respectively, has reviewed and updated the energy provisions
of the building code of the State or Indian tribe,
respectively, to meet or exceed the target in section
307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1); and
``(B) if the determination is positive, validate the
certification.
``(c) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (b), each State and Indian
tribe shall certify whether or not the State and Indian
tribe, respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State and Indian tribe building energy
code or with the associated model building energy code; or
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State and
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of the
buildings covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year-period beginning on
the date of enactment of this paragraph, including annual
targets for compliance and active training and enforcement
programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance; and
``(B) if the determination is positive, validate the
certification.
``(d) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report
on--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (b) or (c), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually submit to
Congress, and publish in the Federal Register, a report on--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) the implementation of this section; and
``(iv) improvements in energy savings over time as a result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using investment analysis), and
lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
The Secretary shall provide technical assistance to States
and Indian tribes to implement the goals and requirements of
this section, including procedures and technical analysis for
States and Indian tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy
savings than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy efficient buildings.
``(f) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) to improve and implement residential and commercial
building energy codes, including increasing and verifying
compliance with the codes and training of State, local, and
tribal building code officials to implement and enforce the
codes; and
``(C) to promote building energy efficiency through the use
of the codes.
[[Page S2212]]
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan
to achieve and document full compliance with residential and
commercial building energy codes under subsection (c)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (b) or (c);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State or Indian tribe may use amounts
required, but not to exceed $750,000 for a State, to train
State and local building code officials to implement and
enforce codes described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(g) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes
and advanced standards for residential and commercial
buildings for use as--
``(A) an option for adoption as a building energy code by
State, local, or tribal governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
at least 3 to 6 years in advance of the target years.
``(h) Studies.--The Secretary, in consultation with
building science experts from the National Laboratories and
institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code
officials, and other stakeholders, shall undertake a study of
the feasibility, impact, economics, and merit of--
``(1) code improvements that would require that buildings
be designed, sited, and constructed in a manner that makes
the buildings more adaptable in the future to become zero-
net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations; and
``(3) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local action, and verification of
compliance with and enforcement of a code other than by a
State or local government.
``(i) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and section 307
$200,000,000, to remain available until expended.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' each place it appears in subsections (a)(2)(B) and (b)
and inserting ``model building energy code''.
(d) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended
to read as follows:
``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.
``(a) In General.--The Secretary shall support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement
of aggregate energy savings targets established under
paragraph (2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with States,
local governments, and Indian tribes, nationally recognized
code and standards developers, and other interested parties
to support the updating of model building energy codes by
establishing one or more aggregate energy savings targets to
achieve the purposes of this section.
``(B) Separate targets.--The Secretary may establish
separate targets for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
and coordinated with nationally recognized code and standards
developers at a level that--
``(I) is at the maximum level of energy efficiency that is
technologically feasible and life-cycle cost effective, while
accounting for the economic considerations under paragraph
(4);
``(II) is higher than the preceding target; and
``(III) promotes the achievement of commercial and
residential high-performance buildings through high-
performance energy efficiency (within the meaning of section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)).
``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(iv) Small business.--When establishing targets under
this paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems;
``(D) building management systems and SmartGrid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code targets under paragraph (2), the
Secretary shall consider the economic feasibility of
achieving the proposed targets established under this section
and the potential costs and savings for consumers and
building owners, including a return on investment analysis.
``(c) Technical Assistance to Model Building Energy Code-
Setting and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent
with the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy analysis and design tools;
``(C) building demonstrations;
``(D) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(4) Analysis methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(d) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the
date of the revision, and a final determination not later
than 15 months after the date of the revision, on whether or
not the revision will--
``(A) improve energy efficiency in buildings compared to
the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a code or standard
does not meet the targets established under subsection
(b)(2), the Secretary may at the same time provide the model
building energy code or standard developer with proposed
changes that would result in a model building energy code
that meets the targets and with supporting evidence, taking
into consideration--
``(i) whether the modified code is technically feasible and
life-cycle cost effective;
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the proposed changes, the
model building energy code or standard developer shall have
an additional 270 days to accept or reject the proposed
changes of the Secretary to the model building energy code or
standard for the Secretary to make a final determination.
[[Page S2213]]
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the modified model building energy
code or standard.
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets and supporting analysis and
determinations under this section in the Federal Register to
provide an explanation of and the basis for such actions,
including any supporting modeling, data, assumptions,
protocols, and cost-benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.
``(f) Voluntary Codes and Standards.--Notwithstanding any
other provision of this section, any model building code or
standard established under section 304 shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.
SEC. 1002. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY
AND WATER CONSERVATION IMPROVEMENTS AT
MULTIFAMILY RESIDENTIAL UNITS.
(a) Establishment.--The Secretary of Housing and Urban
Development (referred to in this section as the
``Secretary'') shall establish a demonstration program under
which, during the period beginning on the date of enactment
of this Act, and ending on September 30, 2018, the Secretary
may enter into budget-neutral, performance-based agreements
that result in a reduction in energy or water costs with such
entities as the Secretary determines to be appropriate under
which the entities shall carry out projects for energy or
water conservation improvements at not more than 20,000
residential units in multifamily buildings participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an entity a
payment under an agreement under this section only during
applicable years for which an energy or water cost savings is
achieved with respect to the applicable multifamily portfolio
of properties, as determined by the Secretary, in accordance
with subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this section shall
include a pay-for-success provision--
(I) that will serve as a payment threshold for the term of
the agreement; and
(II) pursuant to which the Department of Housing and Urban
Development shall share a percentage of the savings at a
level determined by the Secretary that is sufficient to cover
the administrative costs of carrying out this section.
(ii) Limitations.--A payment made by the Secretary under an
agreement under this section shall--
(I) be contingent on documented utility savings; and
(II) not exceed the utility savings achieved by the date of
the payment, and not previously paid, as a result of the
improvements made under the agreement.
(C) Third party verification.--Savings payments made by the
Secretary under this section shall be based on a measurement
and verification protocol that includes at least--
(i) establishment of a weather-normalized and occupancy-
normalized utility consumption baseline established
preretrofit;
(ii) annual third party confirmation of actual utility
consumption and cost for owner-paid utilities;
(iii) annual third party validation of the tenant utility
allowances in effect during the applicable year and vacancy
rates for each unit type; and
(iv) annual third party determination of savings to the
Secretary.
(2) Term.--The term of an agreement under this section
shall be not longer than 12 years.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering into
agreements under this section; and
(B) enter into such agreements only with entities that
demonstrate significant experience relating to--
(i) financing and operating properties receiving assistance
under a program described in subsection (a);
(ii) oversight of energy and water conservation programs,
including oversight of contractors; and
(iii) raising capital for energy and water conservation
improvements from charitable organizations or private
investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Energy and Natural Resources
of the Senate, and the Committee on Energy and Commerce of
the House of Representatives a detailed plan for the
implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each evaluation
conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an
agreement under this section is in effect, the Secretary may
use to carry out this section any funds appropriated to the
Secretary for the renewal of contracts under a program
described in subsection (a).
SEC. 1003. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.
(a) Definition of School.--In this section, the term
``school'' means--
(1) an elementary school or secondary school (as defined in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801));
(2) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a));
(3) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.) or established under section 2164 of
title 10, United States Code;
(4) a school operated by the Bureau of Indian Affairs;
(5) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
(6) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(b) Designation of Lead Agency.--The Secretary, acting
through the Office of Energy Efficiency and Renewable Energy,
shall act as the lead Federal agency for coordinating and
disseminating information on existing Federal programs and
assistance that may be used to help initiate, develop, and
finance energy efficiency, renewable energy, and energy
retrofitting projects for schools.
(c) Requirements.--In carrying out coordination and
outreach under subsection (b), the Secretary shall--
(1) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of
Agriculture, the Department of Energy, the Department of
Education, the Department of the Treasury, the Internal
Revenue Service, the Environmental Protection Agency, and
other appropriate Federal agencies with jurisdiction over
energy financing and facilitation that are currently used or
may be used to help initiate, develop, and finance energy
efficiency, renewable energy, and energy retrofitting
projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in paragraph (1) for energy efficiency,
renewable energy, and energy retrofitting projects that
enables States, local educational agencies, and schools--
(A) to use existing Federal opportunities more effectively;
and
(B) to form partnerships with Governors, State energy
programs, local educational, financial, and energy officials,
State and local government officials, nonprofit
organizations, and other appropriate entities to support the
initiation of the projects;
(3) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
(A) to increase the energy efficiency of buildings or
facilities;
(B) to install systems that individually generate energy
from renewable energy resources;
(C) to establish partnerships to leverage economies of
scale and additional financing mechanisms available to larger
clean energy initiatives; or
(D) to promote--
(i) the maintenance of health, environmental quality, and
safety in schools, including the ambient air quality, through
energy efficiency, renewable energy, and energy retrofit
projects; and
(ii) the achievement of expected energy savings and
renewable energy production through proper operations and
maintenance practices;
(4) develop and maintain a single online resource website
with contact information for relevant technical assistance
and support staff in the Office of Energy Efficiency and
Renewable Energy for States, local educational agencies, and
schools to effectively access and use Federal opportunities
and assistance described in paragraph (1) to develop energy
efficiency, renewable energy, and energy retrofitting
projects; and
(5) establish a process for recognition of schools that--
(A) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other local
educational agencies and schools to assist initiation of
similar efforts.
[[Page S2214]]
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the implementation of this section.
SEC. 1004. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency materials.--
(A) In general.--The term ``energy-efficiency materials''
means a measure (including a product, equipment, or system)
that results in a reduction in use by a nonprofit
organization for energy or fuel supplied from outside the
nonprofit building.
(B) Inclusions.--The term ``energy-efficiency materials''
includes an item involving--
(i) a roof or lighting system, or component of a roof or
lighting system;
(ii) a window;
(iii) a door, including a security door; or
(iv) a heating, ventilation, or air conditioning system or
component of the system (including insulation and wiring and
plumbing materials needed to serve a more efficient system);
and
(v) a renewable energy generation or heating system,
including a solar, photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of the system.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building'' means a
building operated and owned by a nonprofit organization.
(B) Inclusions.--The term ``nonprofit building'' includes a
building described in subparagraph (A) that is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; and
(vi) any other nonresidential and noncommercial structure.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot
program to award grants for the purpose of providing
nonprofit buildings with energy-efficiency materials.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section, the Secretary shall apply
performance-based criteria, which shall give priority to
applications based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the use of energy-efficiency
materials;
(C) an effective plan for evaluation, measurement, and
verification of energy savings; and
(D) the financial need of the applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed $200,000.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2016 through 2020, to remain available
until expended.
SEC. 1005. UTILITY ENERGY SERVICE CONTRACTS.
Section 546 of the National Energy Conservation Policy Act
(42 U.S.C. 8256) is amended by adding at the end the
following:
``(f) Utility Energy Service Contracts.--
``(1) In general.--Each Federal agency may use, to the
maximum extent practicable, measures provided by law to meet
energy efficiency and conservation mandates and laws,
including through utility energy service contracts.
``(2) Contract period.--The term of a utility energy
service contract entered into by a Federal agency may have a
contract period that extends beyond 10 years, but not to
exceed 25 years.
``(3) Requirements.--The conditions of a utility energy
service contract entered into by a Federal agency shall
include requirements for measurement, verification, and
performance assurances or guarantees of the savings.''.
SEC. 1006. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) Energy Management Requirements.--Section 543(f)(4) of
the National Energy Conservation Policy Act (42 U.S.C.
8253(f)(4)) is amended by striking ``may'' and inserting
``shall''.
(b) Reports.--Section 548(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5)(A) the status of the energy savings performance
contracts and utility energy service contracts of each
agency;
``(B) the investment value of the contracts;
``(C) the guaranteed energy savings for the previous year
as compared to the actual energy savings for the previous
year;
``(D) the plan for entering into the contracts in the
coming year; and
``(E) information explaining why any previously submitted
plans for the contracts were not implemented.''.
(c) Definition of Energy Conservation Measures.--Section
551(4) of the National Energy Conservation Policy Act (42
U.S.C. 8259(4)) is amended by striking ``or retrofit
activities'' and inserting ``retrofit activities, or energy
consuming devices and required support structures''.
(d) Authority To Enter Into Contracts.--Section
801(a)(2)(F) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(F)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) limit the recognition of operation and maintenance
savings associated with systems modernized or replaced with
the implementation of energy conservation measures, water
conservation measures, or any combination of energy
conservation measures and water conservation measures.''.
(e) Miscellaneous Authority.--Section 801(a)(2) of the
National Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)) is amended by adding at the end the following:
``(H) Miscellaneous authority.--Notwithstanding any other
provision of law, a Federal agency may sell or transfer
energy savings and apply the proceeds of the sale or transfer
to fund a contract under this title.''.
(f) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by
striking ``(and related operation and maintenance expenses)''
and inserting ``, including related operations and
maintenance expenses''.
(g) Definition of Federal Building.--Section 551(6) of the
National Energy Conservation Policy Act (42 U.S.C. 8259(6))
is amended by striking the semicolon at the end and inserting
``the term does not include a dam, reservoir, or hydropower
facility owned or operated by a Federal agency;''.
(h) Definition of Energy Savings.--Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(2))
is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities''
and inserting ``Federal building (as defined in section
551)'' each place it appears;
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(E) the use, sale, or transfer of energy incentives,
rebates, or credits (including renewable energy credits) from
Federal, State, or local governments or utilities; and
``(F) any revenue generated from a reduction in energy or
water use, more efficient waste recycling, or additional
energy generated from more efficient equipment.''.
SEC. 1007. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to
institutions of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)) and
Tribal Colleges or Universities (as defined in section 316(b)
of that Act (20 U.S.C. 1059c(b))) to establish building
training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and
operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to
supply heat and power for buildings, particularly energy-
intensive buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National
Institute of Food and Agriculture and ensure appropriate
services are provided under this section to each region of
the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program
and with other Federal programs to avoid duplication of
effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 1008. CAREER SKILLS TRAINING.
(a) In General.--The Secretary shall pay grants to eligible
entities described in subsection (b) to pay the Federal share
of associated career skills training programs under which
students concurrently receive classroom instruction and on-
the-job training for
[[Page S2215]]
the purpose of obtaining an industry-related certification to
install energy efficient buildings technologies, including
technologies described in section 307(b)(3) of the Energy
Conservation and Production Act (42 U.S.C. 6836(b)(3)).
(b) Eligibility.--To be eligible to obtain a grant under
subsection (a), an entity shall be a nonprofit partnership
described in section 171(e)(2)(B)(ii) of the Workforce
Investment Act of 1998 (29 U.S.C. 2916(e)(2)(B)(ii)).
(c) Federal Share.--The Federal share of the cost of
carrying out a career skills training program described in
subsection (a) shall be 50 percent.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 1009. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(h) Federal Implementation Strategy for Energy-Efficient
and Energy-Saving Information Technologies.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(B) Information technology.--The term `information
technology' has the meaning given the term in section 11101
of title 40, United States Code.
``(2) Development of implementation strategy.--Not later
than 1 year after the date of enactment of this subsection,
each Federal agency shall collaborate with the Director to
develop an implementation strategy (including best-practices
and measurement and verification techniques) for the
maintenance, purchase, and use by the Federal agency of
energy-efficient and energy-saving information technologies.
``(3) Administration.--In developing an implementation
strategy, each Federal agency shall consider--
``(A) advanced metering infrastructure;
``(B) energy efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(C) advanced power management tools;
``(D) building information modeling, including building
energy management; and
``(E) secure telework and travel substitution tools.
``(4) Performance goals.--
``(A) In general.--Not later than September 30, 2015, the
Director, in consultation with the Secretary, shall establish
performance goals for evaluating the efforts of Federal
agencies in improving the maintenance, purchase, and use of
energy-efficient and energy-saving information technology
systems.
``(B) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall supplement the performance goals
established under this paragraph with recommendations on best
practices for the attainment of the performance goals, to
include a requirement for agencies to consider the use of--
``(i) energy savings performance contracting; and
``(ii) utility energy services contracting.
``(5) Reports.--
``(A) Agency reports.--Each Federal agency subject to the
requirements of this subsection shall include in the report
of the agency under section 527 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17143) a description of
the efforts and results of the agency under this subsection.
``(B) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2015, the
Director shall include in the annual report and scorecard of
the Director required under section 528 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17144) a
description of the efforts and results of Federal agencies
under this subsection.
``(C) Use of existing reporting structures.--The Director
may require Federal agencies to submit any information
required to be submitted under this subsection though
reporting structures in use as of the date of enactment of
the Energy Policy Modernization Act of 2016.''.
SEC. 1010. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.
Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been
substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds
to update the project design to meet applicable Federal
building energy efficiency standards established under
section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section
3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.
SEC. 1011. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(D)(iv), by striking ``the
organization'' and inserting ``an organization''; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in consultation with the
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect
the best knowledge in the most pertinent domains.
``(2) Considerations.--In carrying out consultation
described in paragraph (1), the Secretary and the
Administrator shall pay particular attention to organizations
that--
``(A) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software,
including representatives of hardware manufacturers, data
center operators, and facility managers;
``(B) obtain and address input from the National
Laboratories (as that term is defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
institution of higher education, research institution,
industry association, company, or public interest group with
applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the development of
specifications; and
``(ii) accredited standards development processes; or
``(D) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and
the Administrator shall consider and assess the adequacy of
the specifications, measurements, and benchmarks described in
subsection (b) for use by the Federal Energy Management
Program, the Energy Star Program, and other efficiency
programs of the Department of Energy or the Environmental
Protection Agency.
``(e) Study.--The Secretary, in consultation with the
Administrator, not later than 18 months after the date of
enactment of the Energy Policy Modernization Act of 2016,
shall make available to the public an update to the report
submitted to Congress pursuant to section 1 of the Act of
December 20, 2006 (Public Law 109-431; 120 Stat. 2920),
entitled `Report to Congress on Server and Data Center Energy
Efficiency' and dated August 2, 2007, that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2007 through 2014;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data
on data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall maintain a data center energy practitioner
program that provides for the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in Federal data centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated once every 4
years by energy practitioners certified pursuant to the
program, whenever practicable using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal
data center energy usage data, with the purpose of making the
data available and accessible in a manner that encourages
further data center innovation, optimization, and
consolidation.
``(2) Consideration.--In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
``(h) International Specifications and Metrics.--The
Secretary, in consultation with key stakeholders, shall
actively participate in efforts to harmonize global
specifications and metrics for data center energy and water
efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate in the
development of an efficiency metric that measures the energy
efficiency of a data center (including equipment and
facilities).
``(j) Protection of Proprietary Information.--The Secretary
and the Administrator shall not disclose any proprietary
information or trade secrets provided by any individual or
company for the purposes of carrying out this section or the
programs and initiatives established under this section.''.
[[Page S2216]]
SEC. 1012. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Reauthorization of Weatherization Assistance Program.--
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking ``appropriated--'' and
all that follows through the period at the end and inserting
``appropriated $350,000,000 for each of fiscal years 2016
through 2020.''.
(b) Grants for New, Self-sustaining Low-income, Single-
family and Multifamily Housing Energy Retrofit Model Programs
to Eligible Multistate Housing and Energy Nonprofit
Organizations.--The Energy Conservation and Production Act is
amended by inserting after section 414B (42 U.S.C. 6864b) the
following:
``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME,
SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY
RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE
HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with
covered organizations that leverage substantial donations,
donated materials, volunteer labor, homeowner labor equity,
and other private sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
``(4) to ensure that the covered organizations make the
energy retrofit programs of the covered organizations self-
sustaining by the time grant funds have been expended.
``(b) Definitions.--In this section:
``(1) Covered organization.--The term `covered
organization' means an organization that--
``(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code; and
``(B) has an established record of constructing,
renovating, repairing, or making energy efficient a total of
not less than 250 owner-occupied, single-family or
multifamily homes per year for low-income households, either
directly or through affiliates, chapters, or other direct
partners (using the most recent year for which data are
available).
``(2) Low-income.--The term `low-income' means an income
level that is not more than 200 percent of the poverty level
(as determined in accordance with criteria established by the
Director of the Office of Management and Budget) applicable
to a family of the size involved, except that the Secretary
may establish a higher or lower level if the Secretary
determines that a higher or lower level is necessary to carry
out this section.
``(3) Weatherization assistance program for low-income
persons.--The term `Weatherization Assistance Program for
Low-Income Persons' means the program established under this
part (including part 440 of title 10, Code of Federal
Regulations, or successor regulations).
``(c) Competitive Grant Program.--The Secretary shall make
grants to covered organizations through a national
competitive process for use in accordance with this section.
``(d) Award Factors.--In making grants under this section,
the Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more energy
efficient as of the date of the application; and
``(B) can reasonably be projected to build, renovate,
repair, or make energy efficient during the 10-year period
beginning on the date of the application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States and climates in
which the applicant works as of the date of the application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the energy retrofit program of the applicant and
sustain the program after the grant funds have been expended;
``(6) regional diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall request
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the date of
issuance of a request for proposals, the Secretary shall
award grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this
section may be used for--
``(1) energy efficiency audits, cost-effective retrofit,
and related activities in different climatic regions of the
United States;
``(2) energy efficiency materials and supplies;
``(3) organizational capacity--
``(A) to significantly increase the number of energy
retrofits;
``(B) to replicate an energy retrofit program in other
States; and
``(C) to ensure that the program is self-sustaining after
the Federal grant funds are expended;
``(4) energy efficiency, audit and retrofit training, and
ongoing technical assistance;
``(5) information to homeowners on proper maintenance and
energy savings behaviors;
``(6) quality control and improvement;
``(7) data collection, measurement, and verification;
``(8) program monitoring, oversight, evaluation, and
reporting;
``(9) management and administration (up to a maximum of 10
percent of the total grant);
``(10) labor and training activities; and
``(11) such other activities as the Secretary determines to
be appropriate.
``(g) Maximum Amount.--
``(1) In general.--The amount of a grant provided under
this section shall not exceed--
``(A) if the amount made available to carry out this
section for a fiscal year is $225,000,000 or more,
$5,000,000; and
``(B) if the amount made available to carry out this
section for a fiscal year is less than $225,000,000,
$1,500,000.
``(2) Technical and training assistance.--The total amount
of a grant provided under this section shall be reduced by
the cost of any technical and training assistance provided by
the Secretary that relates to the grant.
``(h) Guidelines.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue
guidelines to implement the grant program established under
this section.
``(2) Administration.--The guidelines--
``(A) shall not apply to the Weatherization Assistance
Program for Low-Income Persons, in whole or major part; but
``(B) may rely on applicable provisions of law governing
the Weatherization Assistance Program for Low-Income Persons
to establish--
``(i) standards for allowable expenditures;
``(ii) a minimum savings-to-investment ratio;
``(iii) standards--
``(I) to carry out training programs;
``(II) to conduct energy audits and program activities;
``(III) to provide technical assistance;
``(IV) to monitor program activities; and
``(V) to verify energy and cost savings;
``(iv) liability insurance requirements; and
``(v) recordkeeping requirements, which shall include
reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review
and evaluate the performance of any covered organization that
receives a grant under this section (which may include an
audit), as determined by the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
applicable requirement of this section.
``(k) Annual Reports.--The Secretary shall submit to
Congress annual reports that provide--
``(1) findings;
``(2) a description of energy and cost savings achieved and
actions taken under this section; and
``(3) any recommendations for further action.
``(l) Funding.--Of the amount of funds that are made
available to carry out the Weatherization Assistance Program
for each of fiscal years 2016 through 2020 under section 422,
the Secretary shall use to carry out this section for each of
fiscal years 2016 through 2020 not less than--
``(1) 2 percent of the amount if the amount is less than
$225,000,000;
``(2) 5 percent of the amount if the amount is $225,000,000
or more but less than $260,000,000; and
``(3) 10 percent of the amount if the amount is
$260,000,000 or more.''.
(c) Standards Program.--Section 415 of the Energy
Conservation and Production Act (42 U.S.C. 6865) is amended
by adding at the end the following:
``(f) Standards Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2016, to be eligible to carry out weatherization
using funds made available under this part, a contractor
shall be selected through a competitive bidding process and
be--
``(A) accredited by the Building Performance Institute;
``(B) an Energy Smart Home Performance Team accredited
under the Residential Energy Services Network; or
``(C) accredited by an equivalent accreditation or program
accreditation-based State
[[Page S2217]]
certification program approved by the Secretary.
``(2) Grants for energy retrofit model programs.--
``(A) In general.--To be eligible to receive a grant under
section 414C, a covered organization (as defined in section
414C(b)) shall use a crew chief who--
``(i) is certified or accredited in accordance with
paragraph (1); and
``(ii) supervises the work performed with grant funds.
``(B) Volunteer labor.--A volunteer who performs work for a
covered organization that receives a grant under section 414C
shall not be required to be certified under this subsection
if the volunteer is not directly installing or repairing
mechanical equipment or other items that require skilled
labor.
``(C) Training.--The Secretary shall use training and
technical assistance funds available to the Secretary to
assist covered organizations under section 414C in providing
training to obtain certification required under this
subsection, including provisional or temporary certification.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2016, the Secretary shall ensure that--
``(A) each retrofit for which weatherization assistance is
provided under this part meets minimum efficiency and quality
of work standards established by the Secretary after
weatherization of a dwelling unit;
``(B) at least 10 percent of the dwelling units are
randomly inspected by a third party accredited under this
subsection to ensure compliance with the minimum efficiency
and quality of work standards established under subparagraph
(A); and
``(C) the standards established under this subsection meet
or exceed the industry standards for home performance work
that are in effect on the date of enactment of this
subsection, as determined by the Secretary.''.
SEC. 1013. REAUTHORIZATION OF STATE ENERGY PROGRAM.
Section 365(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for
each of fiscal years 2007 through 2012'' and inserting
``$90,000,000 for each of fiscal years 2016 through 2020, of
which not greater than 5 percent may be used to provide
competitively awarded financial assistance''.
SEC. 1014. SMART BUILDING ACCELERATION.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Federal Smart
Building Program established under subsection (b)(1).
(2) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated;
(B) has extensive operational monitoring and communication
connectivity, allowing remote monitoring and analysis of all
building functions;
(C) takes a systems-based approach in integrating the
overall building operations for control of energy generation,
consumption, and storage;
(D) communicates with utilities and other third-party
commercial entities, if appropriate; and
(E) is cybersecure.
(3) Smart building accelerator.--The term ``smart building
accelerator'' means an initiative that is designed to
demonstrate specific innovative policies and approaches--
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would accelerate
investment in energy efficiency.
(b) Federal Smart Building Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
program to be known as the ``Federal Smart Building
Program''--
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(2) Selection.--
(A) In general.--The Secretary shall coordinate the
selection of not fewer than 1 building from among each of
several key Federal agencies, as described in paragraph (4),
to compose an appropriately diverse set of smart buildings
based on size, type, and geographic location.
(B) Inclusion of commercially operated buildings.--In
making selections under subparagraph (A), the Secretary may
include buildings that are owned by the Federal Government
but are commercially operated.
(3) Targets.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish targets
for the number of smart buildings to be commissioned and
evaluated by key Federal agencies by 3 years and 6 years
after the date of enactment of this Act.
(4) Federal agency described.--The key Federal agencies
referred to in this subsection shall include buildings
operated by--
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(5) Requirement.--In implementing the program, the
Secretary shall leverage existing financing mechanisms
including energy savings performance contracts, utility
energy service contracts, and annual appropriations.
(6) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (2), including an identification of--
(A) which advanced building technologies--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(7) Awards.--The Secretary may expand awards made under the
Federal Energy Management Program and the Better Building
Challenge to recognize specific agency achievements in
accelerating the adoption of smart building technologies.
(c) Survey of Private Sector Smart Buildings.--
(1) Survey.--The Secretary shall conduct a survey of
privately owned smart buildings throughout the United States,
including commercial buildings, laboratory facilities,
hospitals, multifamily residential buildings, and buildings
owned by nonprofit organizations and institutions of higher
education.
(2) Selection.--From among the smart buildings surveyed
under paragraph (1), the Secretary shall select not fewer
than 1 building each from an appropriate range of building
sizes, types, and geographic locations.
(3) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (2), including an identification of--
(A) which advanced building technologies and systems--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(d) Leveraging Existing Programs.--
(1) Better building challenge.--As part of the Better
Building Challenge of the Department, the Secretary, in
consultation with major private sector property owners, shall
develop smart building accelerators to demonstrate innovative
policies and approaches that will accelerate the transition
to smart buildings in the public, institutional, and
commercial buildings sectors.
(2) Research and development.--
(A) In general.--The Secretary shall conduct research and
development to address key barriers to the integration of
advanced building technologies and to accelerate the
transition to smart buildings.
(B) Inclusion.--The research and development conducted
under subparagraph (A) shall include research and development
on--
(i) achieving whole-building, systems-level efficiency
through smart system and component integration;
(ii) improving physical components, such as sensors and
controls, to be adaptive, anticipatory, and networked;
(iii) reducing the cost of key components to accelerate the
adoption of smart building technologies;
(iv) data management, including the capture and analysis of
data and the interoperability of the energy systems;
(v) protecting against cybersecurity threats and addressing
security vulnerabilities of building systems or equipment;
(vi) business models, including how business models may
limit the adoption of smart building technologies and how to
support transactive energy;
(vii) integration and application of combined heat and
power systems and energy storage for resiliency;
(viii) characterization of buildings and components;
(ix) consumer and utility protections;
(x) continuous management, including the challenges of
managing multiple energy systems and optimizing systems for
disparate stakeholders; and
(xi) other areas of research and development, as determined
appropriate by the Secretary.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until a
total of 3 reports have been made, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on--
(1) the establishment of the Federal Smart Building Program
and the evaluation of Federal smart buildings under
subsection (b);
(2) the survey and evaluation of private sector smart
buildings under subsection (c); and
(3) any recommendations of the Secretary to further
accelerate the transition to smart buildings.
SEC. 1015. REPEAL OF FOSSIL PHASE-OUT.
Section 305(a)(3) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)) is amended by striking
subparagraph (D).
[[Page S2218]]
SEC. 1016. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) (as amended by section
1001(a)) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(19) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards
for new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section
305(a)(3) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)(3)) (as amended by section 1015) is amended--
(1) by striking ``(3)(A) Not later than'' and all that
follows through subparagraph (B) and inserting the following:
``(3) Revised federal building energy efficiency
performance standards.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Energy Policy Modernization Act of 2016, the
Secretary shall establish, by rule, revised Federal building
energy efficiency performance standards that require that--
``(I) new Federal buildings and alterations and additions
to existing Federal buildings--
``(aa) meet or exceed the most recent revision of the
International Energy Conservation Code (in the case of
residential buildings) or ASHRAE Standard 90.1 (in the case
of commercial buildings) as of the date of enactment of the
Energy Policy Modernization Act of 2016; and
``(bb) meet or exceed the energy provisions of State and
local building codes applicable to the building, if the codes
are more stringent than the International Energy Conservation
Code or ASHRAE Standard 90.1, as applicable;
``(II) unless demonstrated not to be life-cycle cost
effective for new Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings be designed to achieve energy
consumption levels that are at least 30 percent below the
levels established in the version of the ASHRAE Standard or
the International Energy Conservation Code, as appropriate,
that is applied under subclause (I)(aa), including updates
under subparagraph (B); and
``(bb) sustainable design principles are applied to the
location, siting, design, and construction of all new Federal
buildings and replacement Federal buildings;
``(III) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost effective;
and
``(IV) if life-cycle cost effective, as compared to other
reasonably available technologies, not less than 30 percent
of the hot water demand for each new Federal building or
Federal building undergoing a major renovation be met through
the installation and use of solar hot water heaters.
``(ii) Limitation.--Clause (i)(I) shall not apply to
unaltered portions of existing Federal buildings and systems
that have been added to or altered.
``(B) Updates.--Not later than 1 year after the date of
approval of each subsequent revision of the ASHRAE Standard
or the International Energy Conservation Code, as
appropriate, the Secretary shall determine whether the
revised standards established under subparagraph (A) should
be updated to reflect the revisions, based on the energy
savings and life-cycle cost-effectiveness of the
revisions.''; and
(2) in subparagraph (C), by striking ``(C) In the budget
request'' and inserting the following:
``(C) Budget request.--In the budget request''.
SEC. 1017. CODIFICATION OF EXECUTIVE ORDER.
Beginning in fiscal year 2016 and each fiscal year
thereafter through fiscal year 2025, the head of each Federal
agency shall, unless otherwise specified and where life-cycle
cost-effective, promote building energy conservation,
efficiency, and management by reducing, in Federal buildings
of the agency, building energy intensity, as measured in
British thermal units per gross square foot, by 2.5 percent
each fiscal year, relative to the baseline of the building
energy use of the applicable Federal buildings in fiscal year
2015 and after taking into account the progress of the
Federal agency in preceding fiscal years.
SEC. 1018. CERTIFICATION FOR GREEN BUILDINGS.
Section 305 of the Energy Conservation and Production Act
(42 U.S.C. 6834) (as amended by sections 1015 and 1016(b)) is
amended--
(1) in subsection (a)(3), by adding at the end the
following:
``(D) Certification for green buildings.--
``(i) Sustainable design principles.--Sustainable design
principles shall be applied to the siting, design, and
construction of buildings covered by this subparagraph.
``(ii) Selection of certification systems.--The Secretary,
after reviewing the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)), in consultation with the
Administrator of General Services, and in consultation with
the Secretary of Defense relating to those facilities under
the custody and control of the Department of Defense, shall
determine those certification systems for green commercial
and residential buildings that the Secretary determines to be
the most likely to encourage a comprehensive and
environmentally sound approach to certification of green
buildings.
``(iii) Basis for selection.--The determination of the
certification systems under clause (ii) shall be based on
ongoing review of the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)) and the criteria described in
clause (v).
``(iv) Administration.--In determining certification
systems under this subparagraph, the Secretary shall--
``(I) make a separate determination for all or part of each
system;
``(II) confirm that the criteria used to support the
selection of building products, materials, brands, and
technologies--
``(aa) are fair and neutral (meaning that the criteria are
based on an objective assessment of relevant technical data);
``(bb) do not prohibit, disfavor, or discriminate against
selection based on technically inadequate information to
inform human or environmental risk; and
``(cc) are expressed to prefer performance measures
whenever performance measures may reasonably be used in lieu
of prescriptive measures; and
``(III) use environmental and health criteria that are
based on risk assessment methodology that is generally
accepted by the applicable scientific disciplines.
``(v) Considerations.--In determining the green building
certification systems under this subparagraph, the Secretary
shall take into consideration--
``(I) the ability and availability of assessors and
auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this
subparagraph;
``(II) the ability of the applicable certification
organization to collect and reflect public comment;
``(III) the ability of the standard to be developed and
revised through a consensus-based process;
``(IV) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit
for promoting--
``(aa) efficient and sustainable use of water, energy, and
other natural resources;
``(bb) the use of renewable energy sources;
``(cc) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls; and
``(dd) such other criteria as the Secretary determines to
be appropriate; and
``(V) national recognition within the building industry.
``(vi) Review.--The Secretary, in consultation with the
Administrator of General Services and the Secretary of
Defense, shall conduct an ongoing review to evaluate and
compare private sector green building certification systems,
taking into account--
``(I) the criteria described in clause (v); and
``(II) the identification made by the Federal Director
under section 436(h) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17092(h)).
``(vii) Exclusions.--
``(I) In general.--Subject to subclause (II), if a
certification system fails to meet the review requirements of
clause (v), the Secretary shall--
``(aa) identify the portions of the system, whether
prerequisites, credits, points, or otherwise, that meet the
review criteria of clause (v);
``(bb) determine the portions of the system that are
suitable for use; and
``(cc) exclude all other portions of the system from
identification and use.
``(II) Entire systems.--The Secretary shall exclude an
entire system from use if an exclusion under subclause (I)--
``(aa) impedes the integrated use of the system;
``(bb) creates disparate review criteria or unequal point
access for competing materials; or
``(cc) increases agency costs of the use.
``(viii) Internal certification processes.--The Secretary
may by rule allow Federal agencies to develop internal
certification processes, using certified professionals, in
lieu of certification by certification entities identified
under clause (ii).
``(ix) Privatized military housing.--With respect to
privatized military housing, the Secretary of Defense, after
consultation with the Secretary may, through rulemaking,
develop alternative certification systems and levels than the
systems and levels identified under clause (ii) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
``(x) Water conservation technologies.--In addition to any
use of water conservation technologies otherwise required by
this section, water conservation technologies shall be
applied to the extent that the technologies are life-cycle
cost-effective.
``(xi) Effective date.--
``(I) Determinations made after december 31, 2015.--This
subparagraph shall apply to any determination made by a
Federal agency after December 31, 2015.
``(II) Determinations made on or before december 31,
2015.--This subparagraph (as in
[[Page S2219]]
effect on the day before the date of enactment of the Energy
Policy Modernization Act of 2016) shall apply to any use of a
certification system for green commercial and residential
buildings by a Federal agency on or before December 31,
2015.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) once every 5 years, review the Federal building
energy standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.
SEC. 1019. HIGH PERFORMANCE GREEN FEDERAL BUILDINGS.
Section 436(h) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17092(h)) is amended--
(1) in the subsection heading, by striking ``System'' and
inserting ``Systems'';
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--Based on an ongoing review, the Federal
Director shall identify and shall provide to the Secretary
pursuant to section 305(a)(3)(D) of the Energy Conservation
and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those
certification systems that the Director identifies as the
most likely to encourage a comprehensive and environmentally
sound approach to certification of green buildings.''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``system'' and inserting ``systems'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) an ongoing review provided to the Secretary pursuant
to section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), which shall--
``(i) be carried out by the Federal Director to compare and
evaluate standards; and
``(ii) allow any developer or administrator of a rating
system or certification system to be included in the
review;'';
(C) in subparagraph (E)(v), by striking ``and'' after the
semicolon at the end;
(D) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(G) a finding that, for all credits addressing grown,
harvested, or mined materials, the system does not
discriminate against the use of domestic products that have
obtained certifications of responsible sourcing; and
``(H) a finding that the system incorporates life-cycle
assessment as a credit pathway.''.
SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE GREEN
BUILDING PROGRAMS.
(a) Definitions.--In this section:
(1) Administrative expenses.--
(A) In general.--The term ``administrative expenses'' has
the meaning given the term by the Director of the Office of
Management and Budget under section 504(b)(2) of the Energy
and Water Development and Related Agencies Appropriations
Act, 2010 (31 U.S.C. 1105 note; Public Law 111-85).
(B) Inclusions.--The term ``administrative expenses''
includes, with respect to an agency--
(i) costs incurred by--
(I) the agency; or
(II) any grantee, subgrantee, or other recipient of funds
from a grant program or other program administered by the
agency; and
(ii) expenses relating to personnel salaries and benefits,
property management, travel, program management, promotion,
reviews and audits, case management, and communication
regarding, promotion of, and outreach for programs and
program activities administered by the agency.
(2) Applicable program.--The term ``applicable program''
means any program that is--
(A) listed in Table 9 (pages 348-350) of the report of the
Government Accountability Office entitled ``2012 Annual
Report: Opportunities to Reduce Duplication, Overlap and
Fragmentation, Achieve Savings, and Enhance Revenue''; and
(B) administered by--
(i) the Secretary;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Defense;
(iv) the Secretary of Education;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Housing and Urban Development;
(vii) the Secretary of Transportation;
(viii) the Secretary of the Treasury;
(ix) the Administrator of the Environmental Protection
Agency;
(x) the Director of the National Institute of Standards and
Technology; or
(xi) the Administrator of the Small Business
Administration.
(3) Service.--
(A) In general.--Subject to subparagraph (B), the term
``service'' has the meaning given the term by the Director of
the Office of Management and Budget.
(B) Requirements.--For purposes of subparagraph (A), the
term ``service'' shall be limited to activities, assistance,
or other aid that provides a direct benefit to a recipient,
such as--
(i) the provision of technical assistance;
(ii) assistance for housing or tuition; or
(iii) financial support (including grants, loans, tax
credits, and tax deductions).
(b) Report.--
(1) In general.--Not later than January 1, 2017, the
Secretary, in consultation with the agency heads described in
clauses (ii) through (xi) of subsection (a)(2)(B), shall
submit to Congress and make available on the public Internet
website of the Department a report that describes the
applicable programs.
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall--
(A) determine the approximate annual total administrative
expenses of each applicable program attributable to green
buildings;
(B) determine the approximate annual expenditures for
services for each applicable program attributable to green
buildings;
(C) describe the intended market for each applicable
program attributable to green buildings, including the--
(i) estimated the number of clients served by each
applicable program; and
(ii) beneficiaries who received services or information
under the applicable program (if applicable and if data is
readily available);
(D) estimate--
(i) the number of full-time employees who administer
activities attributable to green buildings for each
applicable program; and
(ii) the number of full-time equivalents (the salary of
whom is paid in part or full by the Federal Government
through a grant or contract, a subaward of a grant or
contract, a cooperative agreement, or another form of
financial award or assistance) who assist in administering
activities attributable to green buildings for the applicable
program;
(E) briefly describe the type of services each applicable
program provides attributable to green buildings, such as
information, grants, technical assistance, loans, tax
credits, or tax deductions;
(F) identify the type of recipient who is intended to
benefit from the services or information provided under the
applicable program attributable to green buildings, such as
individual property owners or renters, local governments,
businesses, nonprofit organizations, or State governments;
and
(G) identify whether written program goals are available
for each applicable program.
(c) Recommendations.--Not later than January 1, 2017, the
Secretary, in consultation with the agency heads described in
clauses (ii) through (xi) of subsection (a)(2)(B), shall
submit to Congress a report that includes--
(1) a recommendation of whether any applicable program
should be eliminated or consolidated, including any
legislative changes that would be necessary to eliminate or
consolidate applicable programs; and
(2) methods to improve the applicable programs by
establishing program goals or increasing collaboration to
reduce any potential overlap or duplication, taking into
account--
(A) the 2011 report of the Government Accountability Office
entitled ``Federal Initiatives for the Nonfederal Sector
Could Benefit from More Interagency Collaboration''; and
(B) the report of the Government Accountability Office
entitled ``2012 Annual Report: Opportunities to Reduce
Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue''.
(d) Analyses.--Not later than January 1, 2017, the
Secretary, in consultation with the agency heads described in
clauses (ii) through (xi) of subsection (a)(2)(B), shall
identify--
(1) which applicable programs were specifically authorized
by Congress; and
(2) which applicable programs are carried out solely under
the discretionary authority of the Secretary or any agency
head described in clauses (ii) through (xi) of subsection
(a)(2)(B).
SEC. 1021. STUDY AND REPORT ON ENERGY SAVINGS BENEFITS OF
OPERATIONAL EFFICIENCY PROGRAMS AND SERVICES.
(a) Definition of Operational Efficiency Programs and
Services.--In this section, the term ``operational efficiency
programs and services'' means programs and services that use
information and communications technologies (including
computer hardware, energy efficiency software, and power
management tools) to operate buildings and equipment in the
optimum manner at the optimum times.
(b) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct a study
and issue a report that quantifies the potential energy
savings of operational efficiency programs and services for
commercial, institutional, industrial, and governmental
entities, including Federal agencies.
(c) Measurement and Verification of Energy Savings.--The
report required under this section shall include potential
methodologies or protocols for utilities, utility regulators,
and Federal agencies to evaluate, measure, and verify energy
savings from operational efficiency programs and services.
SEC. 1022. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY
ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND
STRUCTURES.
(a) In General.--Title III of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141
et seq.) is amended by adding at the end the following:
[[Page S2220]]
``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS
AND STRUCTURES.
``(a) Definitions.--In this section--
``(1) the term `energy-efficient product' means a product
that--
``(A) meets or exceeds the requirements for designation
under an Energy Star program established under section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
or
``(B) meets or exceeds the requirements for designation as
being among the highest 25 percent of equivalent products for
energy efficiency under the Federal Energy Management
Program; and
``(2) the term `energy-efficient structure' means a
residential structure, a public facility, or a private
nonprofit facility that meets or exceeds the requirements of
Standard 90.1-2013 of the American Society of Heating,
Refrigerating and Air-Conditioning Engineers or the 2015
International Energy Conservation Code, or any successor
thereto.
``(b) Use of Assistance.--A recipient of assistance
relating to a major disaster or emergency may use the
assistance to replace or repair a damaged product or
structure with an energy-efficient product or energy-
efficient structure.''.
(b) Applicability.--The amendment made by this section
shall apply to assistance made available under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) before, on, or after the date of
enactment of this Act that is expended on or after the date
of enactment of this Act.
SEC. 1023. WATERSENSE.
(a) In General.--Part B of title III of the Energy Policy
and Conservation Act is amended by adding after section 324A
(42 U.S.C. 6294a) the following:
``SEC. 324B. WATERSENSE.
``(a) Establishment of WaterSense Program.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary WaterSense
program to identify and promote water-efficient products,
buildings, landscapes, facilities, processes, and services
that, through voluntary labeling of, or other forms of
communications regarding, products, buildings, landscapes,
facilities, processes, and services while meeting strict
performance criteria, sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations.
``(2) Inclusions.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
`Administrator') shall, consistent with this section,
identify water-efficient products, buildings, landscapes,
facilities, processes, and services, including categories
such as--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use;
``(G) whole house humidifiers; and
``(H) water-efficient buildings or facilities.
``(b) Duties.--The Administrator, coordinating as
appropriate with the Secretary, shall--
``(1) establish--
``(A) a WaterSense label to be used for items meeting the
certification criteria established in accordance with this
section; and
``(B) the procedure, including the methods and means, and
criteria by which an item may be certified to display the
WaterSense label;
``(2) enhance public awareness regarding the WaterSense
label through outreach, education, and other means;
``(3) preserve the integrity of the WaterSense label by--
``(A) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(B) overseeing WaterSense certifications made by third
parties;
``(C) as determined appropriate by the Administrator, using
testing protocols, from the appropriate, applicable, and
relevant consensus standards, for the purpose of determining
standards compliance; and
``(D) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(4) not more often than 6 years after adoption or major
revision of any WaterSense specification, review and, if
appropriate, revise the specification to achieve additional
water savings;
``(5) in revising a WaterSense specification--
``(A) provide reasonable notice to interested parties and
the public of any changes, including effective dates, and an
explanation of the changes;
``(B) solicit comments from interested parties and the
public prior to any changes;
``(C) as appropriate, respond to comments submitted by
interested parties and the public; and
``(D) provide an appropriate transition time prior to the
applicable effective date of any changes, taking into account
the timing necessary for the manufacture, marketing,
training, and distribution of the specific water-efficient
product, building, landscape, process, or service category
being addressed; and
``(6) not later than December 31, 2018, consider for review
and revision any WaterSense specification adopted before
January 1, 2012.
``(c) Transparency.--The Administrator shall, to the
maximum extent practicable and not less than annually,
regularly estimate and make available to the public the
production and relative market shares and savings of water,
energy, and capital costs of water, wastewater, and
stormwater attributable to the use of WaterSense-labeled
products, buildings, landscapes, facilities, processes, and
services.
``(d) Distinction of Authorities.--In setting or
maintaining specifications for Energy Star pursuant to
section 324A, and WaterSense under this section, the
Secretary and Administrator shall coordinate to prevent
duplicative or conflicting requirements among the respective
programs.
``(e) No Warranty.--A WaterSense label shall not create an
express or implied warranty.''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is
amended by inserting after the item relating to section 324A
the following:
``Sec. 324B. WaterSense.''.
Subtitle B--Appliances
SEC. 1101. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Electric motor.--The term ``electric motor'' has the
meaning given the term in section 431.12 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(2) Electronic control.--The term ``electronic control''
means--
(A) a power converter; or
(B) a combination of a power circuit and control circuit
included on 1 chassis.
(3) Extended product system.--The term ``extended product
system'' means an electric motor and any required associated
electronic control and driven load that--
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input energy
requirements (as measured in kilowatt-hours) as compared to
identified base levels set by the Secretary; and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) Qualified extended product system.--
(A) In general.--The term ``qualified extended product
system'' means an extended product system that--
(i) includes an electric motor and an electronic control;
and
(ii) reduces the input energy (as measured in kilowatt-
hours) required to operate the extended product system by not
less than 5 percent, as compared to identified base levels
set by the Secretary.
(B) Inclusions.--The term ``qualified extended product
system'' includes commercial or industrial machinery or
equipment that--
(i)(I) did not previously make use of the extended product
system prior to the redesign described in subclause (II); and
(II) incorporates an extended product system that has
greater than 1 horsepower into redesigned machinery or
equipment; and
(ii) was previously used prior to, and was placed back into
service during, calendar year 2016 or 2017.
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates for expenditures made by qualified
entities for the purchase or installation of a qualified
extended product system.
(c) Qualified Entities.--
(1) Eligibility requirements.--A qualified entity under
this section shall be--
(A) in the case of a qualified extended product system
described in subsection (a)(4)(A), the purchaser of the
qualified extended product that is installed; and
(B) in the case of a qualified extended product system
described in subsection (a)(4)(B), the manufacturer of the
commercial or industrial machinery or equipment that
incorporated the extended product system into that machinery
or equipment.
(2) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the
Secretary--
(A) an application in such form, at such time, and
containing such information as the Secretary may require; and
(B) a certification that includes demonstrated evidence--
(i) that the entity is a qualified entity; and
(ii)(I) in the case of a qualified entity described in
paragraph (1)(A)--
(aa) that the qualified entity installed the qualified
extended product system during the 2 fiscal years following
the date of enactment of this Act;
(bb) that the qualified extended product system meets the
requirements of subsection (a)(4)(A); and
(cc) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity on which the qualified extended product
system was installed; or
[[Page S2221]]
(II) in the case of a qualified entity described in
paragraph (1)(B), demonstrated evidence--
(aa) that the qualified extended product system meets the
requirements of subsection (a)(4)(B); and
(bb) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity with which the extended product system is
integrated.
(d) Authorized Amount of Rebate.--
(1) In general.--The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained by
multiplying--
(A) an amount equal to the sum of the nameplate rated
horsepower of--
(i) the electric motor to which the qualified extended
product system is attached; and
(ii) the electronic control; and
(B) $25.
(2) Maximum aggregate amount.--A qualified entity shall not
be entitled to aggregate rebates under this section in excess
of $25,000 per calendar year.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of the first 2 full fiscal years following the date of
enactment of this Act, to remain available until expended.
SEC. 1102. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a
transformer that meets or exceeds the applicable energy
conservation standards described in the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a
transformer with an equal number of phases and capacity to a
transformer described in any of the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1985, and
December 31, 2006, for a transformer with an equal number of
phases and capacity as a transformer described in the table
in subsection (b)(2) of section 431.196 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act); or
(ii) was manufactured between January 1, 1990, and December
31, 2009, for a transformer with an equal number of phases
and capacity as a transformer described in the table in
paragraph (1) or (2) of subsection (c) of that section (as in
effect on the date of enactment of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities,
commercial buildings, or multifamily residential buildings, a
utility, or an energy service company that fulfills the
requirements of subsection (d).
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates to qualified entities for
expenditures made by the qualified entity for the replacement
of a qualified energy inefficient transformer with a
qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy
efficient transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or verified by
the equipment manufacturer, as applicable; or
(B) for transformers described in subsection (a)(2)(B)(i),
as selected from a table of default values as determined by
the Secretary in consultation with applicable industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate
provided under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
Watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer; and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values
by rated transformer output, as measured in kilovolt-amperes,
as determined by the Secretary in consultation with
applicable industry.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2016 and 2017, to remain available until
expended.
(f) Termination of Effectiveness.--The authority provided
by this section terminates on December 31, 2017.
SEC. 1103. STANDARDS FOR CERTAIN FURNACES.
Section 325(f)(4) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)(4)) is amended by adding at the end the
following:
``(E) Restriction on final rule for residential non-
weatherized gas furnaces and mobile home furnaces.--
``(i) In general.--Notwithstanding any other provision of
this Act, the Secretary shall not prescribe a final rule
amending the efficiency standards for residential non-
weatherized gas furnaces or mobile home furnaces until each
of the following has occurred:
``(I) The Secretary convenes a representative advisory
group of interested stakeholders, including the
manufacturers, distributors, and contractors of residential
non-weatherized gas furnaces and mobile home furnaces, home
builders, building owners, energy efficiency advocates,
natural gas utilities, electric utilities, and consumer
groups.
``(II) Not later than 1 year after the date of enactment of
this subparagraph, the advisory group described in subclause
(I) completes an analysis of a nationwide requirement of a
condensing furnace efficiency standard including--
``(aa) a complete analysis of current market trends
regarding the transition of sales from non-condensing
furnaces to condensing furnaces;
``(bb) the projected net loss in the industry of the
present value of original equipment manufactured after
adoption of the standard;
``(cc) the projected consumer payback period and life cycle
cost savings after adoption of the standard;
``(dd) a determination of whether the standard is
economically justified, based solely on the definition of
energy under section 321; and
``(ee) other common economic principles.
``(III) The advisory group described in subclause (I)
reviews the analysis and determines whether a nationwide
requirement of a condensing furnace efficiency standard is
technically feasible and economically justified.
``(IV) The final determination of the advisory group under
subclause (III) is published in the Federal Register.
``(ii) Amended standards.--If the advisory group determines
under clause (i)(III) that a nationwide requirement of a
condensing furnace efficiency standard is not technically
feasible and economically justified, the Secretary shall, not
later than 180 days after the date on which the final
determination of the advisory group is published in the
Federal Register under clause (i)(IV), establish amended
standards through the negotiated rulemaking procedure
provided for under subchapter III of chapter 5 of title 5,
United States Code (commonly known as the `Negotiated
Rulemaking Act of 1990').''.
SEC. 1104. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR
PROGRAM.
Section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a) is amended by adding at the end the following:
``(e) Third-Party Certification.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this subsection, the
Administrator shall revise the certification requirements for
the labeling of consumer, home, and office electronic
products for program partners that have complied with all
requirements of the Energy Star program for a period of at
least 18 months.
``(2) Administration.--In the case of a program partner
described in paragraph (1), the new requirements under
paragraph (1)--
``(A) shall not require third-party certification for a
product to be listed; but
``(B) may require that test data and other product
information be submitted to facilitate product listing and
performance verification for a sample of products.
``(3) Third parties.--Nothing in this subsection prevents
the Administrator from using third parties in the course of
the administration of the Energy Star program.
``(4) Termination.--
``(A) In general.--Subject to subparagraph (B), an
exemption from third-party certification provided to a
program partner under paragraph (1) shall terminate if the
program partner is found to have violated program
requirements with respect to at least 2 separate models
during a 2-year period.
``(B) Resumption.--A termination for a program partner
under subparagraph (A) shall cease if the program partner
complies with all Energy Star program requirements for a
period of at least 3 years.''.
SEC. 1105. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL
REFRIGERATION EQUIPMENT.
(a) Deadline.--The requirements of the final rule entitled
``Energy Conservation Program: Energy Conservation Standards
for Commercial Refrigeration Equipment'' (79 Fed. Reg. 17725
(March 28, 2014)), shall take effect on January 1, 2020, for
equipment covered by the final rule that--
[[Page S2222]]
(1) uses natural refrigerants with a global warming
potential of 10 or less that are approved for use by the
Environmental Protection Agency under the Significant New
Alternatives Program;
(2) is within 1 of the following product categories:
(A) VCT.SC.M vertical cooler with transparent door self
contained medium temperature; or
(B) HCT.SC.M horizontal cooler with transparent door self
contained medium temperature; and
(3) uses not more than 115 percent of the energy use
allowed by applicable standards under Energy Star 3.0.
(b) Future Rulemakings.--Nothing in this section changes
the criteria to be considered during future rulemakings
undertaken by the Department under title III of the Energy
Policy and Conservation Act (42 U.S.C. 6291 et seq.).
(c) Review.--Notwithstanding subsection (a), the next
review required under section 342(c)(6)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(c)(6)(B)) shall
be conducted based on an effective date of March 27, 2017.
SEC. 1106. VOLUNTARY VERIFICATION PROGRAMS FOR AIR
CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND
WATER HEATER PRODUCTS.
Section 326(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6296(b)) is amended by adding at the end the
following:
``(6) Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.--
``(A) Reliance on voluntary programs.--For the purpose of
periodic testing to verify compliance with energy
conservation standards and Energy Star specifications
established under sections 324A, 325, and 342 for covered
products described in paragraphs (3), (4), (5), (9), and (11)
of section 322(a) and covered equipment described in
subparagraphs (B), (C), (D), (F), (I), (J), and (K) of
section 340(1), the Secretary and the Administrator of the
Environmental Protection Agency shall rely on testing
conducted by voluntary verification programs that are
recognized by the Secretary in accordance with subparagraph
(B).
``(B) Recognition of voluntary verification programs.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall initiate
a negotiated rulemaking in accordance with subchapter III of
chapter 5 of title 5, United States Code (commonly known as
the `Negotiated Rulemaking Act of 1990') to develop criteria
that have consensus support for achieving recognition by the
Secretary as an approved voluntary verification program.
``(ii) Minimum requirements.--The criteria developed under
clause (i) shall, at a minimum, ensure that the voluntary
verification program--
``(I) is nationally recognized;
``(II) is operated by a third party and not directly
operated by a program participant;
``(III) satisfies any applicable elements of--
``(aa) International Organization for Standardization
standard numbered 17025; and
``(bb) any other relevant International Organization for
Standardization standards identified and agreed to through
the negotiated rulemaking under clause (i);
``(IV) at least annually tests independently obtained
products following the test procedures established under this
title to verify the certified rating of a representative
sample of products and equipment within the scope of the
program;
``(V) maintains a publicly available list of all ratings of
products subject to verification;
``(VI) requires the changing of the performance rating or
removal of the product or equipment from the program if
testing determines that the performance rating does not meet
the levels the manufacturer has certified to the Secretary;
``(VII) requires new program participants to substantiate
ratings through test data generated in accordance with DOE
regulations;
``(VIII) allows for challenge testing of products and
equipment within the scope of the program;
``(IX) requires program participants to disclose the
performance rating of all covered products and equipment
within the scope of the program for the covered product or
equipment;
``(X) provides to the Secretary--
``(aa) an annual report of all test results, the contents
of which shall be determined through the negotiated
rulemaking process under clause (i); and
``(bb) test reports, on the request of the Secretary or the
Administrator of the Environmental Protection Agency, that
note any instructions specified by the manufacturer or the
representative of the manufacturer for the purpose of
conducting the verification testing, to be exempted from
disclosure to the extent provided under section 552(b)(4) of
title 5, United States Code (commonly known as the `Freedom
of Information Act'); and
``(XI) satisfies any additional requirements or standards
that the Secretary and Administrator of the Environmental
Protection Agency shall establish consistent with this
subparagraph.
``(iii) Finding required for cessation of recognition.--The
Secretary may only cease recognition of a voluntary
verification program as an approved program described in
subparagraph (A) on a finding that the program is not meeting
its obligations for compliance through program review
criteria established under this subparagraph.
``(iv) Revisions.--
``(I) In general.--Major revisions to voluntary
verification program criteria established under this
subparagraph shall only be made pursuant to a subsequent
negotiated rulemaking in accordance with subchapter III of
chapter 5 of title 5, United States Code (commonly known as
the `Negotiated Rulemaking Act of 1990').
``(II) Nonmajor revisions.--
``(aa) In general.--The Secretary may make all other
nonmajor criteria revisions by initiating a direct final rule
in accordance with section 553(b)(3)(B) of title 5, United
States Code, on a determination published in the Federal
Register that revisions to the criteria are necessary and
that substantive opposition to the proposed revisions is not
expected.
``(bb) Conditions for effectiveness.--If the Secretary does
not receive adversarial comments with respect to the
determination published under item (aa) during the 30-day-
period following publication of that determination in the
Federal Register, the direct final rule shall have the force
and effect of law.
``(cc) Withdrawal of final rule.--Receipt of any
adversarial comment with respect to the determination
published under item (aa) shall require the Secretary to
withdraw the direct final rule and publish--
``(AA) a notice of proposed rulemaking pursuant to section
553 of title 5, United States Code; or
``(BB) a notice of proposed rulemaking pursuant to section
553 of title 5, United States Code, that includes a
determination that revisions to the criteria are necessary.
``(C) Administration.--
``(i) In general.--The Secretary and the Administrator of
the Environmental Protection Agency shall not require--
``(I) manufacturers to participate in a voluntary
verification program described in subparagraph (A); or
``(II) participating manufacturers to provide information
that has already been provided to the Secretary or the
Administrator.
``(ii) List of covered products.--The Secretary or the
Administrator of the Environmental Protection Agency may
maintain a publicly available list of covered products and
equipment that distinguishes between products that are, and
are not covered products and equipment verified through a
voluntary verification program described in subparagraph (A);
``(iii) Periodic verification testing.--
``(I) In general.--The Secretary--
``(aa) shall not subject products or equipment that have
been verification tested under a voluntary verification
program described in subparagraph (A) to periodic
verification testing that verifies the accuracy of the
certified performance rating of the products or equipment;
but
``(bb) may test products or equipment described in
subclause (I) if the testing is necessary--
``(AA) to assess the overall performance of a voluntary
verification program;
``(BB) to address specific performance issues;
``(CC) for use in updating test procedures and standards;
or
``(DD) for other purposes consistent with this title.
``(II) Additional testing.--The Secretary may subject
products or equipment described in subclause (I) to periodic
verification testing outside the restrictions of subclause
(I)(bb), if agreed to during the rulemaking described in
subparagraph (B)
``(D) Effect on other authority.--Nothing in this paragraph
limits the authority of the Secretary or the Administrator of
the Environmental Protection Agency to enforce compliance
with any law.''.
SEC. 1107. APPLICATION OF ENERGY CONSERVATION STANDARDS TO
CERTAIN EXTERNAL POWER SUPPLIES.
(a) Definition of External Power Supply.--Section
321(36)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6291(36)(A)) is amended--
(1) by striking the subparagraph designation and all that
follows through ``The term'' and inserting the following:
``(A) External power supply.--
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `external power supply' does
not include a power supply circuit, driver, or device that is
designed exclusively to be connected to, and power--
``(I) light-emitting diodes providing illumination;
``(II) organic light-emitting diodes providing
illumination; or
``(III) ceiling fans using direct current motors.''.
(b) Standards for Lighting Power Supply Circuits.--
(1) Definition.--Section 340(2)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6311(2)(B)) is amended by
striking clause (v) and inserting the following:
``(v) electric lights and lighting power supply
circuits;''.
(2) Energy conservation standard for certain equipment.--
Section 342 of the Energy Policy and Conservation Act (42
U.S.C. 6313) is amended by adding at the end the following:
[[Page S2223]]
``(g) Lighting Power Supply Circuits.--If the Secretary,
acting pursuant to section 341(b), includes as a covered
equipment solid state lighting power supply circuits,
drivers, or devices described in section 321(36)(A)(ii), the
Secretary may prescribe under this part, not earlier than 1
year after the date on which a test procedure has been
prescribed, an energy conservation standard for such
equipment.''.
(c) Technical Corrections.--
(1) Section 321(6)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6291(6)(B)) is amended by striking ``(19)''
and inserting ``(20)''.
(2) Section 324 of the Energy Policy and Conservation Act
(42 U.S.C. 6294) is amended by striking ``(19)'' each place
it appears in each of subsections (a)(3), (b)(1)(B), (b)(3),
and (b)(5) and inserting ``(20)''.
(3) Section 325(l) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph
(19)'' each place it appears and inserting ``paragraph
(20)''.
Subtitle C--Manufacturing
SEC. 1201. MANUFACTURING ENERGY EFFICIENCY.
(a) Purposes.--The purposes of this section are--
(1) to reform and reorient the industrial efficiency
programs of the Department;
(2) to establish a clear and consistent authority for
industrial efficiency programs of the Department;
(3) to accelerate the deployment of technologies and
practices that will increase industrial energy efficiency and
improve productivity;
(4) to accelerate the development and demonstration of
technologies that will assist the deployment goals of the
industrial efficiency programs of the Department and increase
manufacturing efficiency;
(5) to stimulate domestic economic growth and improve
industrial productivity and competitiveness; and
(6) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
(b) Future of Industry Program.--
(1) In general.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended by striking
the section heading and inserting the following: ``future of
industry program''.
(2) Definition of energy service provider.--Section 452(a)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(a)) is amended--
(A) in paragraph (2)--
(i) by redesignating subparagraph (E) as subparagraph (F);
and
(ii) by inserting before subparagraph (F) (as so
redesignated) the following:
``(E) water and wastewater treatment facilities, including
systems that treat municipal, industrial, and agricultural
waste; and'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Energy service provider.--The term `energy service
provider' means any business providing technology or services
to improve the energy efficiency, water efficiency, power
factor, or load management of a manufacturing site or other
industrial process in an energy-intensive industry, or any
utility operating under a utility energy service project.''.
(3) Industrial research and assessment centers.--Section
452(e) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17111(e)) is amended--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(C) in subparagraph (A) (as redesignated by subparagraph
(A)), by inserting before the semicolon at the end the
following: ``, including assessments of sustainable
manufacturing goals and the implementation of information
technology advancements for supply chain analysis, logistics,
system monitoring, industrial and manufacturing processes,
and other purposes''; and
(D) by adding at the end the following:
``(2) Coordination.--To increase the value and capabilities
of the industrial research and assessment centers, the
centers shall--
``(A) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and
Technology;
``(B) coordinate with the Building Technologies Program of
the Department of Energy to provide building assessment
services to manufacturers;
``(C) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise and
technologies of the National Laboratories for national
industrial and manufacturing needs;
``(D) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management;
``(E) identify opportunities for reducing greenhouse gas
emissions; and
``(F) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(3) Outreach.--The Secretary shall provide funding for--
``(A) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(B) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(i) Federal and State efforts;
``(ii) the efforts of utilities and energy service
providers;
``(iii) the efforts of regional energy efficiency
organizations; and
``(iv) the efforts of other industrial research and
assessment centers.
``(4) Workforce training.--
``(A) In general.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy
service providers to implement the recommendations of
industrial research and assessment centers.
``(B) Federal share.--The Federal share of the cost of
carrying out internship programs described in subparagraph
(A) shall be 50 percent.
``(5) Small business loans.--The Administrator of the Small
Business Administration shall, to the maximum extent
practicable, expedite consideration of applications from
eligible small business concerns for loans under the Small
Business Act (15 U.S.C. 631 et seq.) to implement
recommendations of industrial research and assessment centers
established under paragraph (1).
``(6) Advanced manufacturing steering committee.--The
Secretary shall establish an advisory steering committee to
provide recommendations to the Secretary on planning and
implementation of the Advanced Manufacturing Office of the
Department of Energy.
``(7) Expansion of technical assistance.--The Secretary
shall expand the institution of higher education-based
industrial research and assessment centers, working across
Federal agencies as necessary--
``(A) to provide comparable assessment services to water
and wastewater treatment facilities, including systems that
treat municipal, industrial, and agricultural waste; and
``(B) to equip the directors of the centers with the
training and tools necessary to provide technical assistance
on energy savings to the water and wastewater treatment
facilities.''.
(c) Sustainable Manufacturing Initiative.--
(1) In general.--Part E of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6341) is amended by adding at
the end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy
Efficiency and Renewable Energy, the Secretary, on the
request of a manufacturer, shall conduct on-site technical
assessments to identify opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--The Secretary shall carry out the
initiative in coordination with the private sector and
appropriate agencies, including the National Institute of
Standards and Technology, to accelerate adoption of new and
existing technologies and processes that improve energy
efficiency.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the industrial efficiency programs of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and
demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy
efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(2) Table of contents.--The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by adding at the end of the items relating to part E of title
III the following:
``Sec. 376. Sustainable manufacturing initiative.''.
SEC. 1202. LEVERAGING EXISTING FEDERAL AGENCY PROGRAMS TO
ASSIST SMALL AND MEDIUM MANUFACTURERS.
(a) Definitions.--In this section and section 1203:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on
standards of the American National Standards Institute that
enables an organization to follow a systematic approach in
achieving continual improvement of energy performance,
including energy efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution
of higher education that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and medium-
size manufacturer plant sites to evaluate the facilities,
services, and
[[Page S2224]]
manufacturing operations of the plant site; and
(C) identifies opportunities for potential savings for
small- and medium-size manufacturer plant sites from energy
efficiency improvements, waste minimization, pollution
prevention, and productivity improvement.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site; and
(D) with annual energy bills totaling more than $100,000
and less than $2,500,000.
(5) Smart manufacturing.--The term ``smart manufacturing''
means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, and networking
that--
(A) digitally--
(i) simulate manufacturing production lines;
(ii) operate computer-controlled manufacturing equipment;
(iii) monitor and communicate production line status; and
(iv) manage and optimize energy productivity and cost
throughout production;
(B) model, simulate, and optimize the energy efficiency of
a factory building;
(C) monitor and optimize building energy performance;
(D) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of
digital prototyping and additive manufacturing to enhance
product design;
(E) connect manufactured products in networks to monitor
and optimize the performance of the networks, including
automated network operations; and
(F) digitally connect the supply chain network.
(b) Expansion of Technical Assistance Programs.--The
Secretary shall expand the scope of technologies covered by
the Industrial Assessment Centers of the Department--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the Industrial Assessment
Centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to
manufacturers.
(c) Funding.--The Secretary shall use unobligated funds of
the Department to carry out this section.
SEC. 1203. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT
NATIONAL LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
ways in which the Department can increase access to existing
high-performance computing resources in the National
Laboratories, particularly for small and medium
manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
(A) focus on increasing access to the computing facilities
of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer is protected; and
(ii) the security of the National Laboratory facility is
maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall
facilitate access to the National Laboratories studied under
subsection (a) for small and medium manufacturers so that
small and medium manufacturers can fully use the high-
performance computing resources of the National Laboratories
to enhance the manufacturing competitiveness of the United
States.
Subtitle D--Vehicles
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Vehicle Innovation Act
of 2016''.
SEC. 1302. OBJECTIVES.
The objectives of this subtitle are--
(1) to establish a consistent and consolidated authority
for the vehicle technology program at the Department;
(2) to develop United States technologies and practices
that--
(A) improve the fuel efficiency and emissions of all
vehicles produced in the United States; and
(B) reduce vehicle reliance on petroleum-based fuels;
(3) to support domestic research, development, engineering,
demonstration, and commercial application and manufacturing
of advanced vehicles, engines, and components;
(4) to enable vehicles to move larger volumes of goods and
more passengers with less energy and emissions;
(5) to develop cost-effective advanced technologies for
wide-scale utilization throughout the passenger, commercial,
government, and transit vehicle sectors;
(6) to allow for greater consumer choice of vehicle
technologies and fuels;
(7) shorten technology development and integration cycles
in the vehicle industry;
(8) to ensure a proper balance and diversity of Federal
investment in vehicle technologies; and
(9) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 1303. COORDINATION AND NONDUPLICATION.
The Secretary shall ensure, to the maximum extent
practicable, that the activities authorized by this subtitle
do not duplicate those of other programs within the
Department or other relevant research agencies.
SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for research, development, engineering, demonstration, and
commercial application of vehicles and related technologies
in the United States, including activities authorized under
this subtitle--
(1) for fiscal year 2016, $313,567,000;
(2) for fiscal year 2017, $326,109,000;
(3) for fiscal year 2018, $339,154,000;
(4) for fiscal year 2019, $352,720,000; and
(5) for fiscal year 2020, $366,829,000.
SEC. 1305. REPORTING.
(a) Technologies Developed.--Not later than 18 months after
the date of enactment of this Act and annually thereafter
through 2020, the Secretary shall submit to Congress a report
regarding the technologies developed as a result of the
activities authorized by this subtitle, with a particular
emphasis on whether the technologies were successfully
adopted for commercial applications, and if so, whether
products relying on those technologies are manufactured in
the United States.
(b) Additional Matters.--At the end of each fiscal year
through 2020, the Secretary shall submit to the relevant
Congressional committees of jurisdiction an annual report
describing activities undertaken in the previous year under
this Act, active industry participants, the status of public
private partnerships, progress of the program in meeting
goals and timelines, and a strategic plan for funding of
activities across agencies.
PART I--VEHICLE RESEARCH AND DEVELOPMENT
SEC. 1306. PROGRAM.
(a) Activities.--The Secretary shall conduct a program of
basic and applied research, development, engineering,
demonstration, and commercial application activities on
materials, technologies, and processes with the potential to
substantially reduce or eliminate petroleum use and the
emissions of the Nation's passenger and commercial vehicles,
including activities in the areas of--
(1) electrification of vehicle systems;
(2) batteries, ultracapacitors, and other energy storage
devices;
(3) power electronics;
(4) vehicle, component, and subsystem manufacturing
technologies and processes;
(5) engine efficiency and combustion optimization;
(6) waste heat recovery;
(7) transmission and drivetrains;
(8) hydrogen vehicle technologies, including fuel cells and
internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(9) natural gas vehicle technologies;
(10) aerodynamics, rolling resistance (including tires and
wheel assemblies), and accessory power loads of vehicles and
associated equipment;
(11) vehicle weight reduction, including lightweighting
materials and the development of manufacturing processes to
fabricate, assemble, and use dissimilar materials;
(12) friction and wear reduction;
(13) engine and component durability;
(14) innovative propulsion systems;
(15) advanced boosting systems;
(16) hydraulic hybrid technologies;
(17) engine compatibility with and optimization for a
variety of transportation fuels including natural gas and
other liquid and gaseous fuels;
(18) predictive engineering, modeling, and simulation of
vehicle and transportation systems;
(19) refueling and charging infrastructure for alternative
fueled and electric or plug-in electric hybrid vehicles,
including the unique challenges facing rural areas;
(20) gaseous fuels storage systems and system integration
and optimization;
(21) sensing, communications, and actuation technologies
for vehicle, electrical grid, and infrastructure;
(22) efficient use, substitution, and recycling of
potentially critical materials in vehicles, including rare
earth elements and precious metals, at risk of supply
disruption;
(23) aftertreatment technologies;
(24) thermal management of battery systems;
(25) retrofitting advanced vehicle technologies to existing
vehicles;
(26) development of common standards, specifications, and
architectures for both transportation and stationary battery
applications;
(27) advanced internal combustion engines;
(28) mild hybrid;
(29) engine down speeding;
(30) vehicle-to-vehicle, vehicle-to-pedestrian, and
vehicle-to-infrastructure technologies; and
[[Page S2225]]
(31) other research areas as determined by the Secretary.
(b) Transformational Technology.--The Secretary shall
ensure that the Department continues to support research,
development, engineering, demonstration, and commercial
application activities and maintains competency in mid- to
long-term transformational vehicle technologies with
potential to achieve reductions in emissions, including
activities in the areas of--
(1) hydrogen vehicle technologies, including fuel cells,
hydrogen storage, infrastructure, and activities in hydrogen
technology validation and safety codes and standards;
(2) multiple battery chemistries and novel energy storage
devices, including nonchemical batteries and
electromechanical storage technologies such as hydraulics,
flywheels, and compressed air storage;
(3) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(4) other innovative technologies research and development,
as determined by the Secretary.
(c) Industry Participation.--To the maximum extent
practicable, activities under this Act shall be carried out
in partnership or collaboration with automotive
manufacturers, heavy commercial, vocational, and transit
vehicle manufacturers, qualified plug-in electric vehicle
manufacturers, compressed natural gas vehicle manufacturers,
vehicle and engine equipment and component manufacturers,
manufacturing equipment manufacturers, advanced vehicle
service providers, fuel producers and energy suppliers,
electric utilities, universities, national laboratories, and
independent research laboratories. In carrying out this Act
the Secretary shall--
(1) determine whether a wide range of companies that
manufacture or assemble vehicles or components in the United
States are represented in ongoing public private partnership
activities, including firms that have not traditionally
participated in federally sponsored research and development
activities, and where possible, partner with such firms that
conduct significant and relevant research and development
activities in the United States;
(2) leverage the capabilities and resources of, and
formalize partnerships with, industry-led stakeholder
organizations, nonprofit organizations, industry consortia,
and trade associations with expertise in the research and
development of, and education and outreach activities in,
advanced automotive and commercial vehicle technologies;
(3) develop more effective processes for transferring
research findings and technologies to industry;
(4) support public-private partnerships, dedicated to
overcoming barriers in commercial application of
transformational vehicle technologies, that utilize such
industry-led technology development facilities of entities
with demonstrated expertise in successfully designing and
engineering pre-commercial generations of such
transformational technology; and
(5) promote efforts to ensure that technology research,
development, engineering, and commercial application
activities funded under this Act are carried out in the
United States.
(d) Interagency and Intraagency Coordination.--To the
maximum extent practicable, the Secretary shall coordinate
research, development, demonstration, and commercial
application activities among--
(1) relevant programs within the Department, including--
(A) the Office of Energy Efficiency and Renewable Energy;
(B) the Office of Science;
(C) the Office of Electricity Delivery and Energy
Reliability;
(D) the Office of Fossil Energy;
(E) the Advanced Research Projects Agency--Energy; and
(F) other offices as determined by the Secretary; and
(2) relevant technology research and development programs
within other Federal agencies, as determined by the
Secretary.
(e) Federal Demonstration of Technologies.--The Secretary
shall make information available to procurement programs of
Federal agencies regarding the potential to demonstrate
technologies resulting from activities funded through
programs under this Act.
(f) Intergovernmental Coordination.--The Secretary shall
seek opportunities to leverage resources and support
initiatives of State and local governments in developing and
promoting advanced vehicle technologies, manufacturing, and
infrastructure.
(g) Criteria.--When awarding grants under this program, the
Secretary shall give priority to those technologies (either
individually or as part of a system) that--
(1) provide the greatest aggregate fuel savings based on
the reasonable projected sales volumes of the technology; and
(2) provide the greatest increase in United States
employment.
(h) Secondary Use Applications.--
(1) In general.--The Secretary shall carry out a research,
development, and demonstration program that--
(A) builds on any work carried out under section 915 of the
Energy Policy Act of 2005 (42 U.S.C. 16195);
(B) identifies possible uses of a vehicle battery after the
useful life of the battery in a vehicle has been exhausted;
(C) conducts long-term testing to verify performance and
degradation predictions and lifetime valuations for secondary
uses;
(D) evaluates innovative approaches to recycling materials
from plug-in electric drive vehicles and the batteries used
in plug-in electric drive vehicles;
(E)(i) assesses the potential for markets for uses
described in subparagraph (B) to develop; and
(ii) identifies any barriers to the development of those
markets; and
(F) identifies the potential uses of a vehicle battery--
(i) with the most promise for market development; and
(ii) for which market development would be aided by a
demonstration project.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress an initial report on the
findings of the program described in paragraph (1), including
recommendations for stationary energy storage and other
potential applications for batteries used in plug-in electric
drive vehicles.
(3) Secondary use demonstration.--
(A) In general.--Based on the results of the program
described in paragraph (1), the Secretary shall develop
guidelines for projects that demonstrate the secondary uses
and innovative recycling of vehicle batteries.
(B) Publication of guidelines.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall--
(i) publish the guidelines described in subparagraph (A);
and
(ii) solicit applications for funding for demonstration
projects.
(C) Pilot demonstration program.--Not later than 21 months
after the date of enactment of this Act, the Secretary shall
select proposals for grant funding under this section, based
on an assessment of which proposals are mostly likely to
contribute to the development of a secondary market for
batteries.
SEC. 1307. MANUFACTURING.
The Secretary shall carry out a research, development,
engineering, demonstration, and commercial application
program of advanced vehicle manufacturing technologies and
practices, including innovative processes--
(1) to increase the production rate and decrease the cost
of advanced battery and fuel cell manufacturing;
(2) to vary the capability of individual manufacturing
facilities to accommodate different battery chemistries and
configurations;
(3) to reduce waste streams, emissions, and energy
intensity of vehicle, engine, advanced battery and component
manufacturing processes;
(4) to recycle and remanufacture used batteries and other
vehicle components for reuse in vehicles or stationary
applications;
(5) to develop manufacturing processes to effectively
fabricate, assemble, and produce cost-effective lightweight
materials such as advanced aluminum and other metal alloys,
polymeric composites, and carbon fiber for use in vehicles;
(6) to produce lightweight high pressure storage systems
for gaseous fuels;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles and components;
(8) to improve the calendar life and cycle life of advanced
batteries; and
(9) to produce permanent magnets for advanced vehicles.
PART II--MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT VEHICLES
SEC. 1308. PROGRAM.
The Secretary, in partnership with relevant research and
development programs in other Federal agencies, and a range
of appropriate industry stakeholders, shall carry out a
program of cooperative research, development, demonstration,
and commercial application activities on advanced
technologies for medium- to heavy-duty commercial,
vocational, recreational, and transit vehicles, including
activities in the areas of--
(1) engine efficiency and combustion research;
(2) onboard storage technologies for compressed and
liquefied natural gas;
(3) development and integration of engine technologies
designed for natural gas operation of a variety of vehicle
platforms;
(4) waste heat recovery and conversion;
(5) improved aerodynamics and tire rolling resistance;
(6) energy and space-efficient emissions control systems;
(7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in
hybrid, and electric platforms, and energy storage
technologies;
(8) drivetrain optimization;
(9) friction and wear reduction;
(10) engine idle and parasitic energy loss reduction;
(11) electrification of accessory loads;
(12) onboard sensing and communications technologies;
(13) advanced lightweighting materials and vehicle designs;
(14) increasing load capacity per vehicle;
(15) thermal management of battery systems;
(16) recharging infrastructure;
(17) compressed natural gas infrastructure;
(18) advanced internal combustion engines;
(19) complete vehicle and power pack modeling, simulation,
and testing;
[[Page S2226]]
(20) hydrogen vehicle technologies, including fuel cells
and internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(21) retrofitting advanced technologies onto existing truck
fleets;
(22) advanced boosting systems;
(23) engine down speeding; and
(24) integration of these and other advanced systems onto a
single truck and trailer platform.
SEC. 1309. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION.
(a) In General.--The Secretary shall conduct a competitive
grant program to demonstrate the integration of multiple
advanced technologies on Class 8 truck and trailer platforms,
including a combination of technologies listed in section
1308.
(b) Applicant Teams.--Applicant teams may be comprised of
truck and trailer manufacturers, engine and component
manufacturers, fleet customers, university researchers, and
other applicants as appropriate for the development and
demonstration of integrated Class 8 truck and trailer
systems.
SEC. 1310. TECHNOLOGY TESTING AND METRICS.
The Secretary, in coordination with the partners of the
interagency research program described in section 1308--
(1) shall develop standard testing procedures and
technologies for evaluating the performance of advanced heavy
vehicle technologies under a range of representative duty
cycles and operating conditions, including for heavy hybrid
propulsion systems;
(2) shall evaluate heavy vehicle performance using work
performance-based metrics other than those based on miles per
gallon, including those based on units of volume and weight
transported for freight applications, and appropriate metrics
based on the work performed by nonroad systems; and
(3) may construct heavy duty truck and bus testing
facilities.
SEC. 1311. NONROAD SYSTEMS PILOT PROGRAM.
The Secretary shall undertake a pilot program of research,
development, demonstration, and commercial applications of
technologies to improve total machine or system efficiency
for nonroad mobile equipment including agricultural,
construction, air, and sea port equipment, and shall seek
opportunities to transfer relevant research findings and
technologies between the nonroad and on-highway equipment and
vehicle sectors.
PART III--ADMINISTRATION
SEC. 1312. REPEAL OF EXISTING AUTHORITIES.
(a) In General.--Sections 706, 711, 712, and 933 of the
Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062,
16233) are repealed.
(b) Energy Efficiency.--Section 911 of the Energy Policy
Act of 2005 (42 U.S.C. 16191) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vehicles,
buildings,'' and inserting ``buildings''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(2) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3) (as so redesignated), by striking
``(a)(2)(D)'' and inserting ``(a)(2)(C)''.
SEC. 1313. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION
PROGRAM.
Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ``2016'' and inserting
``2021''.
SEC. 1314. GASEOUS FUEL DUAL FUELED AUTOMOBILES.
Section 32905 of title 49, United States Code, is amended
by striking subsection (d) and inserting the following:
``(d) Gaseous Fuel Dual Fueled Automobiles.--
``(1) Model years 1993 through 2016.--For any model of
gaseous fuel dual fueled automobile manufactured by a
manufacturer in model years 1993 through 2016, the
Administrator shall measure the fuel economy for that model
by dividing 1.0 by the sum of--
``(A) .5 divided by the fuel economy measured under section
32904(c) of this title when operating the model on gasoline
or diesel fuel; and
``(B) .5 divided by the fuel economy measured under
subsection (c) of this section when operating the model on
gaseous fuel.
``(2) Subsequent model years.--For any model of gaseous
fuel dual fueled automobile manufactured by a manufacturer in
model year 2017 or any subsequent model year, the
Administrator shall calculate fuel economy in accordance with
section 600.510-12 (c)(2)(vii) of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
paragraph) if the vehicle qualifies under section
32901(c).''.
Subtitle E--Short Title
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Portman-Shaheen Energy
Efficiency Improvement Act of 2016''.
Subtitle F--Housing
SEC. 1501. DEFINITIONS.
In this subtitle, the following definitions shall apply:
(1) Covered loan.--The term ``covered loan'' means a loan
secured by a home that is insured by the Federal Housing
Administration under title II of the National Housing Act (12
U.S.C. 1707 et seq.).
(2) Homeowner.--The term ``homeowner'' means the mortgagor
under a covered loan.
(3) Mortgagee.--The term ``mortgagee'' means an original
lender under a covered loan or the holder of a covered loan
at the time at which that mortgage transaction is
consummated.
SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall, in consultation with the advisory group
established in section 1505(c), develop and issue guidelines
for the Federal Housing Administration to implement enhanced
loan eligibility requirements, for use when testing the
ability of a loan applicant to repay a covered loan, that
account for the expected energy cost savings for a loan
applicant at a subject property, in the manner set forth in
subsections (b) and (c).
(b) Requirements to Account for Energy Cost Savings.--
(1) In general.--The enhanced loan eligibility requirements
under subsection (a) shall require that, for all covered
loans for which an energy efficiency report is voluntarily
provided to the mortgagee by the homeowner, the Federal
Housing Administration and the mortgagee shall take into
consideration the estimated energy cost savings expected for
the owner of the subject property in determining whether the
loan applicant has sufficient income to service the mortgage
debt plus other regular expenses.
(2) Use as offset.--To the extent that the Federal Housing
Administration uses a test such as a debt-to-income test that
includes certain regular expenses, such as hazard insurance
and property taxes--
(A) the expected energy cost savings shall be included as
an offset to these expenses; and
(B) the Federal Housing Administration may not use the
offset described in subparagraph (A) to qualify a loan
applicant for insurance under title II of the National
Housing Act (12 U.S.C. 1707 et seq.) with respect to a loan
that would not otherwise meet the requirements for such
insurance.
(3) Types of energy costs.--Energy costs to be assessed
under this subsection shall include the cost of electricity,
natural gas, oil, and any other fuel regularly used to supply
energy to the subject property.
(c) Determination of Estimated Energy Cost Savings.--
(1) In general.--The guidelines to be issued under
subsection (a) shall include instructions for the Federal
Housing Administration to calculate estimated energy cost
savings using--
(A) the energy efficiency report;
(B) an estimate of baseline average energy costs; and
(C) additional sources of information as determined by the
Secretary of Housing and Urban Development.
(2) Report requirements.--For the purposes of paragraph
(1), an energy efficiency report shall--
(A) estimate the expected energy cost savings specific to
the subject property, based on specific information about the
property;
(B) be prepared in accordance with the guidelines to be
issued under subsection (a); and
(C) be prepared--
(i) in accordance with the Residential Energy Service
Network's Home Energy Rating System (commonly known as
``HERS'') by an individual certified by the Residential
Energy Service Network, unless the Secretary of Housing and
Urban Development finds that the use of HERS does not further
the purposes of this subtitle;
(ii) in accordance with the Alaska Housing Finance
Corporation energy rating system by an individual certified
by the Alaska Housing Finance Corporation as an authorized
Energy Rater; or
(iii) by other methods approved by the Secretary of Housing
and Urban Development, in consultation with the Secretary and
the advisory group established in section 1505(c), for use
under this subtitle, which shall include a third-party
quality assurance procedure.
(3) Use by appraiser.--If an energy efficiency report is
used under subsection (b), the energy efficiency report shall
be provided to the appraiser to estimate the energy
efficiency of the subject property and for potential
adjustments for energy efficiency.
(d) Pricing of Loans.--
(1) In general.--The Federal Housing Administration may
price covered loans originated under the enhanced loan
eligibility requirements required under this section in
accordance with the estimated risk of the loans.
(2) Imposition of certain material costs, impediments, or
penalties.--In the absence of a publicly disclosed analysis
that demonstrates significant additional default risk or
prepayment risk associated with the loans, the Federal
Housing Administration shall not impose material costs,
impediments, or penalties on covered loans merely because the
loan uses an energy efficiency report or the enhanced loan
eligibility requirements required under this section.
(e) Limitations.--
[[Page S2227]]
(1) In general.--The Federal Housing Administration may
price covered loans originated under the enhanced loan
eligibility requirements required under this section in
accordance with the estimated risk of those loans.
(2) Prohibited actions.--The Federal Housing Administration
shall not--
(A) modify existing underwriting criteria or adopt new
underwriting criteria that intentionally negate or reduce the
impact of the requirements or resulting benefits that are set
forth or otherwise derived from the enhanced loan eligibility
requirements required under this section; or
(B) impose greater buy back requirements, credit overlays,
or insurance requirements, including private mortgage
insurance, on covered loans merely because the loan uses an
energy efficiency report or the enhanced loan eligibility
requirements required under this section.
(f) Applicability and Implementation Date.--Not later than
3 years after the date of enactment of this Act, and before
December 31, 2019, the enhanced loan eligibility requirements
required under this section shall be implemented by the
Federal Housing Administration to--
(1) apply to any covered loan for the sale, or refinancing
of any loan for the sale, of any home;
(2) be available on any residential real property
(including individual units of condominiums and cooperatives)
that qualifies for a covered loan; and
(3) provide prospective mortgagees with sufficient guidance
and applicable tools to implement the required underwriting
methods.
SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION
GUIDELINES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall--
(1) in consultation with the Federal Financial Institutions
Examination Council and the advisory group established in
section 1505(c), develop and issue guidelines for the Federal
Housing Administration to determine the maximum permitted
loan amount based on the value of the property for all
covered loans made on properties with an energy efficiency
report that meets the requirements of section 1502(c)(2); and
(2) in consultation with the Secretary, issue guidelines
for the Federal Housing Administration to determine the
estimated energy savings under subsection (c) for properties
with an energy efficiency report.
(b) Requirements.--The enhanced energy efficiency
underwriting valuation guidelines required under subsection
(a) shall include--
(1) a requirement that if an energy efficiency report that
meets the requirements of section 1502(c)(2) is voluntarily
provided to the mortgagee, such report shall be used by the
mortgagee or the Federal Housing Administration to determine
the estimated energy savings of the subject property; and
(2) a requirement that the estimated energy savings of the
subject property be added to the appraised value of the
subject property by a mortgagee or the Federal Housing
Administration for the purpose of determining the loan-to-
value ratio of the subject property, unless the appraisal
includes the value of the overall energy efficiency of the
subject property, using methods to be established under the
guidelines issued under subsection (a).
(c) Determination of Estimated Energy Savings.--
(1) Amount of energy savings.--The amount of estimated
energy savings shall be determined by calculating the
difference between the estimated energy costs for the average
comparable houses, as determined in guidelines to be issued
under subsection (a), and the estimated energy costs for the
subject property based upon the energy efficiency report.
(2) Duration of energy savings.--The duration of the
estimated energy savings shall be based upon the estimated
life of the applicable equipment, consistent with the rating
system used to produce the energy efficiency report.
(3) Present value of energy savings.--The present value of
the future savings shall be discounted using the average
interest rate on conventional 30-year mortgages, in the
manner directed by guidelines issued under subsection (a).
(d) Ensuring Consideration of Energy Efficient Features.--
Section 1110 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
(1) in paragraph (2), by striking ``; and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following:
``(4) that State certified and licensed appraisers have
timely access, whenever practicable, to information from the
property owner and the lender that may be relevant in
developing an opinion of value regarding the energy-saving
improvements or features of a property, such as--
``(A) labels or ratings of buildings;
``(B) installed appliances, measures, systems or
technologies;
``(C) blueprints;
``(D) construction costs;
``(E) financial or other incentives regarding energy-
efficient components and systems installed in a property;
``(F) utility bills;
``(G) energy consumption and benchmarking data; and
``(H) third-party verifications or representations of
energy and water efficiency performance of a property,
observing all financial privacy requirements adhered to by
certified and licensed appraisers, including section 501 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
Unless a property owner consents to a lender, an appraiser,
in carrying out the requirements of paragraph (4), shall not
have access to the commercial or financial information of the
owner that is privileged or confidential.''.
(e) Transactions Requiring State Certified Appraisers.--
Section 1113 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
(1) in paragraph (1), by inserting before the semicolon the
following: ``, or any real property on which the appraiser
makes adjustments using an energy efficiency report''; and
(2) in paragraph (2), by inserting after before the period
at the end the following: ``, or an appraisal on which the
appraiser makes adjustments using an energy efficiency
report''.
(f) Protections.--
(1) Authority to impose limitations.--The guidelines to be
issued under subsection (a) shall include such limitations
and conditions as determined by the Secretary of Housing and
Urban Development to be necessary to protect against
meaningful under or over valuation of energy cost savings or
duplicative counting of energy efficiency features or energy
cost savings in the valuation of any subject property that is
used to determine a loan amount.
(2) Additional authority.--At the end of the 7-year period
following the implementation of enhanced eligibility and
underwriting valuation requirements under this subtitle, the
Secretary of Housing and Urban Development may modify or
apply additional exceptions to the approach described in
subsection (b), where the Secretary of Housing and Urban
Development finds that the unadjusted appraisal will reflect
an accurate market value of the efficiency of the subject
property or that a modified approach will better reflect an
accurate market value.
(g) Applicability and Implementation Date.--Not later than
3 years after the date of enactment of this Act, and before
December 31, 2019, the Federal Housing Administration shall
implement the guidelines required under this section, which
shall--
(1) apply to any covered loan for the sale, or refinancing
of any loan for the sale, of any home; and
(2) be available on any residential real property,
including individual units of condominiums and cooperatives,
that qualifies for a covered loan.
SEC. 1504. MONITORING.
Not later than 1 year after the date on which the enhanced
eligibility and underwriting valuation requirements are
implemented under this subtitle, and every year thereafter,
the Federal Housing Administration shall issue and make
available to the public a report that--
(1) enumerates the number of covered loans of the Federal
Housing Administration for which there was an energy
efficiency report, and that used energy efficiency appraisal
guidelines and enhanced loan eligibility requirements;
(2) includes the default rates and rates of foreclosures
for each category of loans; and
(3) describes the risk premium, if any, that the Federal
Housing Administration has priced into covered loans for
which there was an energy efficiency report.
SEC. 1505. RULEMAKING.
(a) In General.--The Secretary of Housing and Urban
Development shall prescribe regulations to carry out this
subtitle, in consultation with the Secretary and the advisory
group established in subsection (c), which may contain such
classifications, differentiations, or other provisions, and
may provide for such proper implementation and appropriate
treatment of different types of transactions, as the
Secretary of Housing and Urban Development determines are
necessary or proper to effectuate the purposes of this
subtitle, to prevent circumvention or evasion thereof, or to
facilitate compliance therewith.
(b) Rule of Construction.--Nothing in this subtitle shall
be construed to authorize the Secretary of Housing and Urban
Development to require any homeowner or other party to
provide energy efficiency reports, energy efficiency labels,
or other disclosures to the Federal Housing Administration or
to a mortgagee.
(c) Advisory Group.--To assist in carrying out this
subtitle, the Secretary of Housing and Urban Development
shall establish an advisory group, consisting of individuals
representing the interests of--
(1) mortgage lenders;
(2) appraisers;
(3) energy raters and residential energy consumption
experts;
(4) energy efficiency organizations;
(5) real estate agents;
(6) home builders and remodelers;
(7) consumer advocates;
(8) State energy officials; and
(9) others as determined by the Secretary of Housing and
Urban Development.
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SEC. 1506. ADDITIONAL STUDY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Housing and Urban
Development shall reconvene the advisory group established in
section 1505(c), in addition to water and locational
efficiency experts, to advise the Secretary of Housing and
Urban Development on the implementation of the enhanced
energy efficiency underwriting criteria established in
sections 1502 and 1503.
(b) Recommendations.--The advisory group established in
section 1505(c) shall provide recommendations to the
Secretary of Housing and Urban Development on any revisions
or additions to the enhanced energy efficiency underwriting
criteria deemed necessary by the group, which may include
alternate methods to better account for home energy costs and
additional factors to account for substantial and regular
costs of homeownership such as location-based transportation
costs and water costs. The Secretary of Housing and Urban
Development shall forward any legislative recommendations
from the advisory group to Congress for its consideration.
TITLE II--INFRASTRUCTURE
Subtitle A--Cybersecurity
SEC. 2001. CYBERSECURITY THREATS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is
amended by adding at the end the following:
``SEC. 224. CYBERSECURITY THREATS.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given the term in section 215.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national
security, economic security, public health or safety, or any
combination of those matters.
``(3) Critical electric infrastructure information.--
``(A) In general.--The term `critical electric
infrastructure information' means information related to
critical electric infrastructure, or proposed critical
electric infrastructure, generated by or provided to the
Commission or other Federal agency, other than classified
national security information, that is designated as critical
electric infrastructure information by the Commission under
subsection (d)(2).
``(B) Inclusions.--The term `critical electric
infrastructure information' includes information that
qualifies as critical energy infrastructure information under
regulations promulgated by the Commission.
``(4) Cybersecurity threat.--The term `cybersecurity
threat' means the imminent danger of an act that severely
disrupts, attempts to severely disrupt, or poses a
significant risk of severely disrupting the operation of
programmable electronic devices or communications networks
(including hardware, software, and data) essential to the
reliable operation of the bulk-power system.
``(5) Electric reliability organization.--The term
`Electric Reliability Organization' has the meaning given the
term in section 215.
``(6) Regional entity.--The term `regional entity' has the
meaning given the term in section 215.
``(7) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Emergency Authority of Secretary.--
``(1) In general.--If the President notifies the Secretary
that the President has made a determination that immediate
action is necessary to protect the bulk-power system from a
cybersecurity threat, the Secretary may require, by order and
with or without notice, any entity that is registered with
the Electric Reliability Organization as an owner, operator,
or user of the bulk-power system to take such actions as the
Secretary determines will best avert or mitigate the
cybersecurity threat.
``(2) Written explanation.--As soon as practicable after
notifying the Secretary under paragraph (1), the President
shall--
``(A) provide to the Secretary, in writing, a record of the
determination and an explanation of the reasons for the
determination; and
``(B) promptly notify, in writing, congressional committees
of relevant jurisdiction, including the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, of
the contents of, and justification for, the directive or
determination.
``(3) Coordination with canada and mexico.--In exercising
the authority pursuant to this subsection, the Secretary is
encouraged to consult and coordinate with the appropriate
officials in Canada and Mexico responsible for the protection
of cybersecurity of the interconnected North American
electricity grid.
``(4) Consultation.--Before exercising authority pursuant
to this subsection, to the maximum extent practicable, taking
into consideration the nature of an identified cybersecurity
threat and the urgency of need for action, the Secretary
shall consult regarding implementation of actions that will
effectively address the cybersecurity threat with--
``(A) any entities potentially subject to the cybersecurity
threat that own, control, or operate bulk-power system
facilities;
``(B) the Electric Reliability Organization;
``(C) the Electricity Sub-sector Coordinating Council (as
established by the Electric Reliability Organization); and
``(D) officials of other Federal departments and agencies,
as appropriate.
``(5) Cost recovery.--
``(A) In general.--The Commission shall adopt regulations
that permit entities subject to an order under paragraph (1)
to seek recovery of prudently incurred costs required to
implement actions ordered by the Secretary under this
subsection.
``(B) Requirements.--Any rate or charge approved under
regulations adopted pursuant to this paragraph--
``(i) shall be just and reasonable; and
``(ii) shall not be unduly discriminatory or preferential.
``(c) Duration of Emergency Orders.--An order issued by the
Secretary pursuant to subsection (b) shall remain in effect
for not longer than the 30-day period beginning on the
effective date of the order, unless, during that 30 day-
period, the Secretary--
``(1) provides to interested persons an opportunity to
submit written data, recommendations, and arguments; and
``(2) affirms, amends, or repeals the order, subject to the
condition that an amended order shall not exceed a total
duration of 90 days.
``(d) Protection and Sharing of Critical Electric
Infrastructure.--
``(1) Protection of critical electric infrastructure.--
Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any State, political
subdivision, or tribal authority pursuant to any State,
political subdivision, or tribal law requiring disclosure of
information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than 1 year after the
date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, shall promulgate
such regulations and issue such orders as necessary--
``(A) to designate critical electric infrastructure
information;
``(B) to prohibit the unauthorized disclosure of critical
electric infrastructure information; and
``(C) to ensure there are appropriate sanctions in place
for Commissioners, officers, employees, or agents of the
Commission who knowingly and willfully disclose critical
electric infrastructure information in a manner that is not
authorized under this section;
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in--
``(A) reviewing the prudence and cost of investments;
``(B) determining the rates and terms of conditions for
electric services; and
``(C) ensuring the safety and reliability of the bulk-power
system and distribution facilities within the respective
jurisdictions of the State commissions.
``(4) No required sharing of information.--Nothing in this
section requires a person or entity in possession of critical
electric infrastructure information to share the information
with Federal, State, political subdivision, or tribal
authorities, or any other person or entity.
``(5) Disclosure of noncritical electric infrastructure
information.--In carrying out this section, the Commission
shall segregate critical electric infrastructure information
within documents and electronic communications, wherever
feasible, to facilitate disclosure of information that is not
designated as critical electric infrastructure
information.''.
SEC. 2002. ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) ES-ISAC.--The term ``ES-ISAC'' means the Electricity
Sector Information Sharing and Analysis Center.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Sector-specific agency.--The term ``Sector-Specific
Agency'' has the meaning given the term in the Presidential
policy directive entitled ``Critical Infrastructure Security
and Resilience'', numbered 21, and dated February 12, 2013.
(b) Sector-Specific Agency for Cybersecurity for the Energy
Sector.--
(1) In general.--The Department shall be the lead Sector-
Specific Agency for cybersecurity for the energy sector.
(2) Duties.--As the designated Sector-Specific Agency for
cybersecurity, the duties of the Department shall include--
(A) coordinating with the Department of Homeland Security
and other relevant Federal departments and agencies;
(B) collaborating with--
(i) critical infrastructure owners and operators; and
(ii) as appropriate--
(I) independent regulatory agencies; and
(II) State, local, tribal and territorial entities;
(C) serving as a day-to-day Federal interface for the
dynamic prioritization and coordination of sector-specific
activities;
[[Page S2229]]
(D) carrying out incident management responsibilities
consistent with applicable law (including regulations) and
other appropriate policies or directives;
(E) providing, supporting, or facilitating technical
assistance and consultations for the energy sector to
identify vulnerabilities and help mitigate incidents, as
appropriate; and
(F) supporting the reporting requirements of the Department
of Homeland Security under applicable law by providing, on an
annual basis, sector-specific critical infrastructure
information.
(c) Cybersecurity for the Energy Sector Research,
Development, and Demonstration Program.--
(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, the energy sector, the States,
and other stakeholders, shall carry out a program--
(A) to develop advanced cybersecurity applications and
technologies for the energy sector--
(i) to identify and mitigate vulnerabilities, including--
(I) dependencies on other critical infrastructure; and
(II) impacts from weather and fuel supply; and
(ii) to advance the security of field devices and third-
party control systems, including--
(I) systems for generation, transmission, distribution, end
use, and market functions;
(II) specific electric grid elements including advanced
metering, demand response, distributed generation, and
electricity storage;
(III) forensic analysis of infected systems; and
(IV) secure communications;
(B) to leverage electric grid architecture as a means to
assess risks to the energy sector, including by implementing
an all-hazards approach to communications infrastructure,
control systems architecture, and power systems architecture;
(C) to perform pilot demonstration projects with the energy
sector to gain experience with new technologies; and
(D) to develop workforce development curricula for energy
sector-related cybersecurity.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $65,000,000
for each of fiscal years 2017 through 2025.
(d) Energy Sector Component Testing for Cyberresilience
Program.--
(1) In general.--The Secretary shall carry out a program--
(A) to establish a cybertesting and mitigation program to
identify vulnerabilities of energy sector supply chain
products to known threats;
(B) to oversee third-party cybertesting; and
(C) to develop procurement guidelines for energy sector
supply chain components.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2017 through 2025.
(e) Energy Sector Operational Support for Cyberresilience
Program.--
(1) In general.--The Secretary may carry out a program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of the Department;
and
(ii) the coordination of the Department with other
agencies, the National Laboratories, and private industry;
(B) to expand cooperation of the Department with the
intelligence communities for energy sector-related threat
collection and analysis;
(C) to enhance the tools of the Department and ES-ISAC for
monitoring the status of the energy sector;
(D) to expand industry participation in ES-ISAC; and
(E) to provide technical assistance to small electric
utilities for purposes of assessing cybermaturity level.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2017 through 2025.
(f) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary shall develop an advanced
energy security program to secure energy networks, including
electric, natural gas, and oil exploration, transmission, and
delivery.
(2) Security and resiliency objective.--The objective of
the program developed under paragraph (1) is to increase the
functional preservation of the electric grid operations or
natural gas and oil operations in the face of natural and
human-made threats and hazards, including electric magnetic
pulse and geomagnetic disturbances.
(3) Eligible activities.--In carrying out the program
developed under paragraph (1), the Secretary may--
(A) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security if
destroyed or impaired;
(B) provide modeling at the national level to predict
impacts from natural or human-made events;
(C) develop a maturity model for physical security and
cybersecurity;
(D) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including
providing mitigation recommendations;
(E) conduct research hardening solutions for critical
components of the electric grid;
(F) conduct research mitigation and recovery solutions for
critical components of the electric grid; and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2017 through 2025.
(g) Leveraging Existing Programs.--The programs established
under this section shall be carried out consistent with--
(1) the report of the Department entitled ``Roadmap to
Achieve Energy Delivery Systems Cybersecurity'' and dated
2011;
(2) existing programs of the Department; and
(3) any associated strategic framework that links together
academic and National Laboratory researchers, electric
utilities, manufacturers, and any other relevant private
industry organizations, including the Electricity Sub-sector
Coordinating Council.
(h) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and the North
American Electric Reliability Corporation, shall conduct a
study to explore alternative management structures and
funding mechanisms to expand industry membership and
participation in ES-ISAC.
(2) Report.--The Secretary shall submit to the appropriate
committees of Congress a report describing the results of the
study conducted under paragraph (1).
Subtitle B--Strategic Petroleum Reserve
SEC. 2101. STRATEGIC PETROLEUM RESERVE MODERNIZATION.
(a) Reaffirmation of Policy.--Congress reaffirms the
continuing strategic importance and need for the Strategic
Petroleum Reserve as found and declared in section 151 of the
Energy Policy and Conservation Act (42 U.S.C. 6231).
(b) Spr Petroleum Account.--Section 167(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6247(b)) is amended to
read as follows:
``(b) Obligation of Funds for the Acquisition,
Transportation, and Injection of Petroleum Products Into SPR
and for Other Purposes.--
``(1) Purposes.--Amounts in the Account may be obligated by
the Secretary of Energy for--
``(A) the acquisition, transportation, and injection of
petroleum products into the Reserve;
``(B) test sales of petroleum products from the Reserve;
``(C) the drawdown, sale, and delivery of petroleum
products from the Reserve;
``(D) the construction, maintenance, repair, and
replacement of storage facilities and related facilities; and
``(E) carrying out non-Reserve projects needed to enhance
the energy security of the United States by increasing the
resilience, reliability, safety, and security of energy
supply, transmission, storage, or distribution
infrastructure.
``(2) Amounts.--Amounts in the Account may be obligated by
the Secretary of Energy for purposes of paragraph (1), in the
case of any fiscal year--
``(A) subject to section 660 of the Department of Energy
Organization Act (42 U.S.C. 7270), in such aggregate amounts
as may be appropriated in advance in appropriations Acts; and
``(B) notwithstanding section 660 of the Department of
Energy Organization Act (42 U.S.C. 7270), in an aggregate
amount equal to the aggregate amount of the receipts to the
United States from the sale of petroleum products in any
drawdown and a distribution of the Reserve under section 161,
including--
``(i) a drawdown and distribution carried out under
subsection (g) of that section; or
``(ii) from the sale of petroleum products under section
160(f).
``(3) Availability of funds.--Funds available to the
Secretary of Energy for obligation under this subsection may
remain available without fiscal year limitation.''.
(c) Definition of Related Facility.--Section 152(8) of the
Energy Policy and Conservation Act (42 U.S.C. 6232(8)) is
amended by inserting ``terminals,'' after ``reservoirs,''.
SEC. 2102. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
Section 403 of the Bipartisan Budget Act of 2015 (Public
Law 114-74; 129 Stat. 589) is amended by adding at the end
the following:
``(d) Increase; Limitation.--
``(1) Increase.--The Secretary of Energy may increase the
drawdown and sales under paragraphs (1) through (8) of
subsection (a) as the Secretary of Energy determines to be
appropriate to maximize the financial return to United States
taxpayers.
``(2) Limitation.--The Secretary of Energy shall not
drawdown or conduct sales of crude oil under this section
after the date on which a total of $5,050,000,000 has been
deposited in the general fund of the Treasury from sales
authorized under this section.''.
Subtitle C--Trade
SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED NATURAL
GAS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the Maritime Administration to site, construct, expand, or
operate liquefied natural gas export facilities, the
Secretary shall
[[Page S2230]]
issue a final decision on any application for the
authorization to export natural gas under section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)) not later than 45 days
after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the liquefied natural gas export
facilities required by the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a),
review required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall be considered concluded
when the lead agency--
(1) for a project requiring an Environmental Impact
Statement, publishes a Final Environmental Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, publishes a Finding of No Significant Impact;
or
(3) determines that an application is eligible for a
categorical exclusion pursuant to National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing
regulations.
(c) Judicial Review.--
(1) In general.--Except for review in the Supreme Court,
the United States Court of Appeals for the District of
Columbia Circuit or the circuit in which the liquefied
natural gas export facility will be located pursuant to an
application described in subsection (a) shall have original
and exclusive jurisdiction over any civil action for the
review of--
(A) an order issued by the Secretary with respect to such
application; or
(B) the failure of the Secretary to issue a final decision
on such application.
(2) Order.--If the Court in a civil action described in
paragraph (1) finds that the Secretary has failed to issue a
final decision on the application as required under
subsection (a), the Court shall order the Secretary to issue
the final decision not later than 30 days after the order of
the Court.
(3) Expedited consideration.--The Court shall--
(A) set any civil action brought under this subsection for
expedited consideration; and
(B) set the matter on the docket as soon as practicable
after the filing date of the initial pleading.
(4) Transfers.--In the case of an application described in
subsection (a) for which a petition for review has been
filed--
(A) upon motion by an applicant, the matter shall be
transferred to the United States Court of Appeals for the
District of Columbia Circuit or the circuit in which a
liquefied natural gas export facility will be located
pursuant to an application described in section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)); and
(B) the provisions of this section shall apply.
SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL GAS EXPORT
DESTINATIONS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
amended by adding at the end the following:
``(g) Public Disclosure of LNG Export Destinations.--
``(1) In general.--In the case of any authorization to
export liquefied natural gas, the Secretary of Energy shall
require the applicant to report to the Secretary of Energy
the names of the 1 or more countries of destination to which
the exported liquefied natural gas is delivered.
``(2) Timing.--The applicant shall file the report required
under paragraph (1) not later than--
``(A) in the case of the first export, the last day of the
month following the month of the first export; and
``(B) in the case of subsequent exports, the date that is
30 days after the last day of the applicable month concerning
the activity of the previous month.
``(3) Disclosure.--The Secretary of Energy shall publish
the information reported under this subsection on the website
of the Department of Energy and otherwise make the
information available to the public.''.
SEC. 2203. ENERGY DATA COLLABORATION.
(a) In General.--The Administrator of the Energy
Information Administration (referred to in this section as
the ``Administrator'') shall collaborate with the appropriate
officials in Canada and Mexico, as determined by the
Administrator, to improve--
(1) the quality and transparency of energy data in North
America through reconciliation of data on energy trade flows
among the United States, Canada, and Mexico;
(2) the extension of energy mapping capabilities in the
United States, Canada, and Mexico; and
(3) the development of common energy data terminology among
the United States, Canada, and Mexico.
(b) Periodic Updates.--The Administrator shall periodically
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the
House of Representatives an update on--
(1) the extent to which energy data is being shared under
subsection (a); and
(2) whether forward-looking projections for regional energy
flows are improving in accuracy as a result of the energy
data sharing under that subsection.
Subtitle D--Electricity and Energy Storage
SEC. 2301. GRID STORAGE PROGRAM.
(a) In General.--The Secretary shall conduct a program of
research, development, and demonstration of electric grid
energy storage that addresses the principal challenges
identified in the 2013 Department of Energy Strategic Plan
for Grid Energy Storage.
(b) Areas of Focus.--The program under this section shall
focus on--
(1) materials, electric thermal, electromechanical, and
electrochemical systems research;
(2) power conversion technologies research;
(3) developing--
(A) empirical and science-based industry standards to
compare the storage capacity, cycle length and capabilities,
and reliability of different types of electricity storage;
and
(B) validation and testing techniques;
(4) other fundamental and applied research critical to
widespread deployment of electricity storage;
(5) device development that builds on results from research
described in paragraphs (1), (2), and (4), including
combinations of power electronics, advanced optimizing
controls, and energy storage as a general purpose element of
the electric grid;
(6) grid-scale testing and analysis of storage devices,
including test-beds and field trials;
(7) cost-benefit analyses that inform capital expenditure
planning for regulators and owners and operators of
components of the electric grid;
(8) electricity storage device safety and reliability,
including potential failure modes, mitigation measures, and
operational guidelines;
(9) standards for storage device performance, control
interface, grid interconnection, and interoperability; and
(10) maintaining a public database of energy storage
projects, policies, codes, standards, and regulations.
(c) Assistance to States.--The Secretary may provide
technical and financial assistance to States, Indian tribes,
or units of local government to participate in or use
research, development, or deployment of technology developed
under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2017 through 2026.
(e) No Effect on Other Provisions of Law.--Nothing in this
subtitle or an amendment made by this subtitle authorizes
regulatory actions that would duplicate or conflict with
regulatory requirements, mandatory standards, or related
processes under section 215 of the Federal Power Act (16
U.S.C. 824o).
(f) Use of Funds.--To the maximum extent practicable, in
carrying out this section, the Secretary shall ensure that
the use of funds to carry out this section is coordinated
among different offices within the Grid Modernization
Initiative of the Department and other programs conducting
energy storage research.
SEC. 2302. ELECTRIC SYSTEM GRID ARCHITECTURE, SCENARIO
DEVELOPMENT, AND MODELING.
(a) Grid Architecture and Scenario Development.--
(1) In general.--Subject to paragraph (2), the Secretary
shall establish and facilitate a collaborative process to
develop model grid architecture and a set of future scenarios
for the electric system to examine the impacts of different
combinations of resources (including different quantities of
distributed energy resources and large-scale, central
generation) on the electric grid.
(2) Market structure.--The grid architecture and scenarios
developed under paragraph (1) shall account for differences
in market structure, including an examination of the
potential for stranded costs in each type of market
structure.
(3) Findings.--Based on the findings of grid architecture
developed under paragraph (1), the Secretary shall--
(A) determine whether any additional standards are
necessary to ensure the interoperability of grid systems and
associated communications networks; and
(B) if the Secretary makes a determination that additional
standards are necessary under subparagraph (A), make
recommendations for additional standards, including, as may
be appropriate, to the Electric Reliability Organization
under section 215 of the Federal Power Act (16 U.S.C. 824o).
(b) Modeling.--Subject to subsection (c), the Secretary
shall--
(1) conduct modeling based on the scenarios developed under
subsection (a); and
(2) analyze and evaluate the technical and financial
impacts of the models to assist States, utilities, and other
stakeholders in--
(A) enhancing strategic planning efforts;
(B) avoiding stranded costs; and
(C) maximizing the cost-effectiveness of future grid-
related investments.
(c) Input.--The Secretary shall develop the scenarios and
conduct the modeling and analysis under subsections (a) and
(b) with participation or input, as appropriate, from--
(1) the National Laboratories;
(2) States;
(3) State regulatory authorities;
(4) transmission organizations;
(5) representatives of the electric industry;
(6) academic institutions;
(7) independent research institutes; and
(8) other entities.
SEC. 2303. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED AND
RESILIENT COMMUNITIES.
(a) Definitions.--In this section:
(1) Hybrid micro-grid system.--The term ``hybrid micro-grid
system'' means a stand-alone electrical system that--
[[Page S2231]]
(A) is comprised of conventional generation and at least 1
alternative energy resource; and
(B) may use grid-scale energy storage.
(2) Isolated community.--The term ``isolated community''
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric
grid.
(3) Micro-grid system.--The term ``micro-grid system''
means a standalone electrical system that uses grid-scale
energy storage.
(4) Strategy.--The term ``strategy'' means the strategy
developed pursuant to subsection (b)(2)(B).
(b) Program.--
(1) Establishment.--The Secretary shall establish a program
to promote the development of--
(A) hybrid micro-grid systems for isolated communities; and
(B) micro-grid systems to increase the resilience of
critical infrastructure.
(2) Phases.--The program established under paragraph (1)
shall be divided into the following phases:
(A) Phase I, which shall consist of the development of a
feasibility assessment for--
(i) hybrid micro-grid systems in isolated communities; and
(ii) micro-grid systems to enhance the resilience of
critical infrastructure.
(B) Phase II, which shall consist of the development of an
implementation strategy, in accordance with paragraph (3), to
promote the development of hybrid micro-grid systems for
isolated communities, particularly for those communities
exposed to extreme weather conditions and high energy costs,
including electricity, space heating and cooling, and
transportation.
(C) Phase III, which shall be carried out in parallel with
Phase II and consist of the development of an implementation
strategy to promote the development of micro-grid systems
that increase the resilience of critical infrastructure.
(D) Phase IV, which shall consist of cost-shared
demonstration projects, based upon the strategies developed
under subparagraph (B) that include the development of
physical and cybersecurity plans to take appropriate measures
to protect and secure the electric grid.
(E) Phase V, which shall establish a benefits analysis plan
to help inform regulators, policymakers, and industry
stakeholders about the affordability, environmental and
resilience benefits associated with Phases II, III and IV.
(3) Requirements for strategy.--In developing the strategy
under paragraph (2)(B), the Secretary shall consider--
(A) establishing future targets for the economic
displacement of conventional generation using hybrid micro-
grid systems, including displacement of conventional
generation used for electric power generation, heating and
cooling, and transportation;
(B) the potential for renewable resources, including wind,
solar, and hydropower, to be integrated into a hybrid micro-
grid system;
(C) opportunities for improving the efficiency of existing
hybrid micro-grid systems;
(D) the capacity of the local workforce to operate,
maintain, and repair a hybrid micro-grid system;
(E) opportunities to develop the capacity of the local
workforce to operate, maintain, and repair a hybrid micro-
grid system;
(F) leveraging existing capacity within local or regional
research organizations, such as organizations based at
institutions of higher education, to support development of
hybrid micro-grid systems, including by testing novel
components and systems prior to field deployment;
(G) the need for basic infrastructure to develop, deploy,
and sustain a hybrid micro-grid system;
(H) input of traditional knowledge from local leaders of
isolated communities in the development of a hybrid micro-
grid system;
(I) the impact of hybrid micro-grid systems on defense,
homeland security, economic development, and environmental
interests;
(J) opportunities to leverage existing interagency
coordination efforts and recommendations for new interagency
coordination efforts to minimize unnecessary overhead,
mobilization, and other project costs; and
(K) any other criteria the Secretary determines
appropriate.
(c) Collaboration.--The program established under
subsection (b)(1) shall be carried out in collaboration with
relevant stakeholders, including, as appropriate--
(1) States;
(2) Indian tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on the efforts to implement
the program established under subsection (b)(1) and the
status of the strategy developed under subsection (b)(2)(B).
SEC. 2304. VOLUNTARY MODEL PATHWAYS.
(a) Establishment of Voluntary Model Pathways.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall initiate the
development of voluntary model pathways for modernizing the
electric grid through a collaborative, public-private effort
that--
(A) produces illustrative policy pathways that can be
adapted for State and regional applications by regulators and
policymakers;
(B) facilitates the modernization of the electric grid to
achieve the objectives described in paragraph (2);
(C) ensures a reliable, resilient, affordable, safe, and
secure electric system; and
(D) acknowledges and provides for different priorities,
electric systems, and rate structures across States and
regions.
(2) Objectives.--The pathways established under paragraph
(1) shall facilitate achievement of the following objectives:
(A) Near real-time situational awareness of the electric
system.
(B) Data visualization.
(C) Advanced monitoring and control of the advanced
electric grid.
(D) Enhanced certainty for private investment in the
electric system.
(E) Increased innovation.
(F) Greater consumer empowerment.
(G) Enhanced grid resilience, reliability, and robustness.
(H) Improved--
(i) integration of distributed energy resources;
(ii) interoperability of the electric system; and
(iii) predictive modeling and capacity forecasting.
(3) Steering committee.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish
a steering committee to facilitate the development of the
pathways under paragraph (1), to be composed of members
appointed by the Secretary, consisting of persons with
appropriate expertise representing a diverse range of
interests in the public, private, and academic sectors,
including representatives of--
(A) the Smart Grid Task Force; and
(B) the Smart Grid Advisory Committee.
(b) Technical Assistance.--The Secretary may provide
technical assistance to States, Indian tribes, or units of
local government to adopt 1 or more elements of the pathways
developed under subsection (a)(1).
SEC. 2305. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
PROVIDERS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(1) an evaluation of the performance of the electric grid
as of the date of the report; and
(2) a description of the quantified costs and benefits
associated with the changes evaluated under the scenarios
developed under section 2302.
(b) Considerations for Development of Metrics.--In
developing metrics for evaluating and quantifying the
electric grid under subsection (a), the Secretary shall
consider--
(1) standard methodologies for calculating improvements or
deteriorations in the performance metrics, such as
reliability, grid efficiency, power quality, consumer
satisfaction, sustainability, and financial incentives;
(2) standard methodologies for calculating value to
ratepayers, including broad economic and related impacts from
improvements to the performance metrics;
(3) appropriate ownership and operating roles for electric
utilities that would enable improved performance through the
adoption of emerging, commercially available or advanced grid
technologies or solutions, including--
(A) multicustomer micro-grids;
(B) distributed energy resources;
(C) energy storage;
(D) electric vehicles;
(E) electric vehicle charging infrastructure;
(F) integrated information and communications systems;
(G) transactive energy systems; and
(H) advanced demand management systems; and
(4) with respect to States, the role of the grid operator
in enabling a robust future electric system to ensure that--
(A) electric utilities remain financially viable;
(B) electric utilities make the needed investments that
ensure a reliable, secure, and resilient grid; and
(C) costs incurred to transform to an integrated grid are
allocated and recovered responsibly, efficiently, and
equitably.
SEC. 2306. STATE AND REGIONAL ELECTRICITY DISTRIBUTION
PLANNING.
(a) In General.--Upon the request of a State or regional
organization, the Secretary shall partner with States and
regional organizations to facilitate the development of State
and regional electricity distribution plans by--
(1) conducting a resource assessment and analysis of future
demand and distribution requirements; and
(2) developing open source tools for State and regional
planning and operations.
(b) Risk and Security Analysis.--The assessment under
subsection (a)(1) shall include--
(1) the evaluation of the physical and cybersecurity needs
of an advanced distribution management system and the
integration of distributed energy resources; and
(2) advanced use of grid architecture to analyze risks in
an all-hazards approach that includes communications
infrastructure, control systems architecture, and power
systems architecture.
[[Page S2232]]
(c) Technical Assistance.--For the purpose of developing
State and regional electricity distribution plans, the
Secretary shall provide technical assistance to--
(1) States;
(2) regional reliability entities; and
(3) other distribution asset owners and operators.
SEC. 2307. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out sections 2302 through 2307 $200,000,000 for each of
fiscal years 2017 through 2026.
SEC. 2308. ELECTRIC TRANSMISSION INFRASTRUCTURE PERMITTING.
(a) Interagency Rapid Response Team for Transmission.--
(1) Establishment.--There is established an interagency
rapid response team, to be known as the ``Interagency Rapid
Response Team for Transmission'' (referred to in this
subsection as the ``Team''), to expedite and improve the
permitting process for electric transmission infrastructure
on Federal land and non-Federal land.
(2) Mission.--The mission of the Team shall be--
(A) to improve the timeliness and efficiency of electric
transmission infrastructure permitting; and
(B) to facilitate the performance of maintenance and
upgrades to electric transmission lines on Federal land and
non-Federal land.
(3) Membership.--The Team shall be comprised of
representatives of--
(A) the Federal Energy Regulatory Commission;
(B) the Department;
(C) the Department of the Interior;
(D) the Department of Defense;
(E) the Department of Agriculture;
(F) the Council on Environmental Quality;
(G) the Department of Commerce;
(H) the Advisory Council on Historic Preservation; and
(I) the Environmental Protection Agency.
(4) Duties.--The Team shall--
(A) facilitate coordination and unified environmental
documentation among electric transmission infrastructure
project applicants, Federal agencies, States, and Indian
tribes involved in the siting and permitting process;
(B) establish clear timelines for the review and
coordination of electric transmission infrastructure projects
by the applicable agencies;
(C) ensure that each electric transmission infrastructure
project is posted on the Federal permitting transmission
tracking system known as ``e-Trans'', including information
on the status and anticipated completion date of each
project; and
(D) regularly notify all participating members of the Team
involved in any specific permit of--
(i) any outstanding agency action that is required with
respect to the permit; and
(ii) any approval or required comment that has exceeded
statutory or agency timelines for completion, including an
identification of any Federal agency, department, or field
office that has not met the applicable timeline.
(5) Annual reports.--Annually, the Team shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the average
completion time for specific categories of regionally and
nationally significant transmission projects, based on
information obtained from the applicable Federal agencies.
(6) Use of data by omb.--Using data provided by the Team,
the Director of the Office of Management and Budget shall
prioritize inclusion of individual electric transmission
infrastructure projects on the website operated by the Office
of Management and Budget in accordance with section 1122 of
title 31, United States Code.
(b) Transmission Ombudsperson.--
(1) Establishment.--To enhance and ensure the reliability
of the electric grid, there is established within the Council
on Environmental Quality the position of Transmission
Ombudsperson (referred to in this subsection as the
``Ombudsperson''), to provide a unified point of contact
for--
(A) resolving interagency or intra-agency issues or delays
with respect to electric transmission infrastructure permits;
and
(B) receiving and resolving complaints from parties with
outstanding or in-process applications relating to electric
transmission infrastructure.
(2) Duties.--The Ombudsperson shall--
(A) establish a process for--
(i) facilitating the permitting process for performance of
maintenance and upgrades to electric transmission lines on
Federal land and non-Federal land, with a special emphasis on
facilitating access for immediate maintenance, repair, and
vegetation management needs;
(ii) resolving complaints filed with the Ombudsperson with
respect to in-process electric transmission infrastructure
permits; and
(iii) issuing recommended resolutions to address the
complaints filed with the Ombudsperson; and
(B) hear, compile, and share any complaints filed with
Ombudsperson relating to in-process electric transmission
infrastructure permits.
(c) Agreements.--
(1) In general.--The Secretary of the Interior, with
respect to public lands (as defined in section 103(e) of the
Federal Land Policy and Management Act (43 U.S.C. 1702(e)),
and the Secretary of Agriculture, with respect to National
Forest System land, shall provide for continuity of the
existing use and occupancy for the transmission of electric
energy by any Federal department or agency granted across
public lands or National Forest System land.
(2) Agreements.--The Secretary of the Interior or the
Secretary of Agriculture, as applicable, within 30 days after
receiving a request from the Federal department or agency
administering the electric energy transmission facilities,
shall, in consultation with that department or agency,
initiate agreements regarding the use and occupancy or right-
of-way (including vegetation management agreements, where
applicable).
(d) Geomatic Data.--If a Federal or State department or
agency considering an aspect of an application for Federal
authorization requires the applicant to submit environmental
data, the department or agency shall consider any such data
gathered by geomatic techniques, including tools and
techniques used in land surveying, remote sensing,
cartography, geographic information systems, global
navigation satellite systems, photogrammetry, geophysics,
geography, or other remote means.
SEC. 2309. REPORT BY TRANSMISSION ORGANIZATIONS ON
DISTRIBUTED ENERGY RESOURCES AND MICRO-GRID
SYSTEMS.
(a) Definitions.--In this section:
(1) Distributed energy resource.--The term ``distributed
energy resource'' means an electricity supply resource that,
as permitted by State law--
(A)(i) is interconnected to the electric system operated by
a transmission organization at or below 69kV; and
(ii) is subject to dispatch by the transmission
organization; and
(B)(i) generates electricity using any primary energy
source, including solar energy and other renewable resources;
or
(ii) stores energy and is capable of supplying electricity
to the electric system operated by the transmission
organization from the storage reservoir.
(2) Electric generating capacity resource.--The term
``electric generating capacity resource'' means an electric
generating resource, as measured by the maximum load-carrying
ability of the resource, exclusive of station use and
planned, unplanned, or other outage or derating, that is
subject to dispatch by a transmission organization to meet
the resource adequacy needs of the systems operated by the
transmission organization.
(3) Micro-grid system.--The term ``micro-grid system''
means an electrically distinct system under common control
that--
(A) serves an electric load at or below 69kV from a
distributed energy resource or electric generating capacity
resource; and
(B) is subject to dispatch by a transmission organization.
(4) Transmission organization.--The term ``transmission
organization'' has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
(b) Report.--
(1) Notice.--Not later than 14 days after the date of
enactment of this section, the Commission shall submit to
each transmission organization notice that the transmission
organization is required to file with the Commission a report
in accordance with paragraph (2).
(2) Report.--Not later than 180 days after the date on
which a transmission organization receives a notice under
paragraph (1), the transmission organization shall submit to
the Commission a report that--
(A)(i) identifies distributed energy resources and micro-
grid systems that are subject to dispatch by the transmission
organization as of the date of the report; and
(ii) describes the fuel sources and operational
characteristics of such distributed energy resources and
micro-grid systems, including, to the extent practicable, a
discussion of the benefits and costs associated with the
distributed energy resources and micro-grid systems
identified under clause (i);
(B) evaluates, with due regard for operational and economic
benefits and costs, the potential for distributed energy
resources and micro-grid systems to be deployed to the
transmission organization over the short- and long-term
periods in the planning cycle of the transmission
organization; and
(C) identifies--
(i) over the short- and long-term periods in the planning
cycle of the transmission organization, barriers to the
deployment to the transmission organization of distributed
energy resources and micro-grid systems; and
(ii) potential changes to the operational requirements for,
or charges associated with, the interconnection of
distributed energy resources and micro-grid systems to the
transmission organization that would reduce the barriers
identified under clause (i).
SEC. 2310. NET METERING STUDY GUIDANCE.
Title XVIII of Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1122) is amended by adding at the end the
following:
``SEC. 1841. NET ENERGY METERING STUDY.
``(a) In General.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall--
``(1) issue guidance on criteria required to be included in
studies of net metering conducted by the Department; and
``(2) undertake a study of net energy metering.
``(b) Requirements and Contents.--The model guidance issued
under subsection (a)
[[Page S2233]]
shall clarify without prejudice to other study criteria that
any study of net energy metering, including the study
conducted by the Department under subsection (a) shall--
``(1) be publicly available; and
``(2) assess benefits and costs of net energy metering,
including--
``(A) load data, including hourly profiles;
``(B) distributed generation production data;
``(C) best available technology, including inverter
capability; and
``(D) benefits and costs of distributed energy deployment,
including--
``(i) environmental benefits;
``(ii) changes in electric system reliability;
``(iii) changes in peak power requirements;
``(iv) provision of ancillary services, including reactive
power;
``(v) changes in power quality;
``(vi) changes in land-use effects;
``(vii) changes in right-of-way acquisition costs;
``(viii) changes in vulnerability to terrorism; and
``(ix) changes in infrastructure resilience.''.
SEC. 2312. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS
AND WASTE HEAT TO POWER SYSTEMS.
(a) Definitions.--In this section:
(1) Additional services.--The term ``additional services''
means the provision of supplementary power, backup or standby
power, maintenance power, or interruptible power to an
electric consumer by an electric utility.
(2) Waste heat to power system.--
(A) In general.--The term ``waste heat to power system''
means a system that generates electricity through the
recovery of waste energy.
(B) Exclusion.--The term ``waste heat to power system''
does not include a system that generates electricity through
the recovery of a heat resource from a process the primary
purpose of which is the generation of electricity using a
fossil fuel.
(3) Other terms.--
(A) PURPA.--The terms ``electric consumer'', ``electric
utility'', ``interconnection service'', ``nonregulated
electric utility'', and ``State regulatory authority'' have
the meanings given those terms in the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.),
within the meaning of title I of that Act (16 U.S.C. 2611 et
seq.).
(B) EPCA.--The terms ``combined heat and power system'' and
``waste energy'' have the meanings given those terms in
section 371 of the Energy Policy and Conservation Act (42
U.S.C. 6341).
(b) Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other
appropriate entities, shall review existing rules and
procedures relating to interconnection service and additional
services throughout the United States for electric generation
with nameplate capacity up to 20 megawatts to identify
barriers to the deployment of combined heat and power systems
and waste heat to power systems.
(2) Inclusion.--The review under this subsection shall
include a review of existing rules and procedures relating
to--
(A) determining and assigning costs of interconnection
service and additional services; and
(B) ensuring adequate cost recovery by an electric utility
for interconnection service and additional services.
(c) Model Guidance.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and other
appropriate entities, shall issue model guidance for
interconnection service and additional services for use by
State regulatory authorities and nonregulated electric
utilities to reduce the barriers identified under subsection
(b)(1).
(2) Current best practices.--The model guidance issued
under this subsection shall reflect, to the maximum extent
practicable, current best practices to encourage the
deployment of combined heat and power systems and waste heat
to power systems while ensuring the safety and reliability of
the interconnected units and the distribution and
transmission networks to which the units connect, including--
(A) relevant current standards developed by the Institute
of Electrical and Electronic Engineers; and
(B) model codes and rules adopted by--
(i) States; or
(ii) associations of State regulatory agencies.
(3) Factors for consideration.--In establishing the model
guidance under this subsection, the Secretary shall take into
consideration--
(A) the appropriateness of using standards or procedures
for interconnection service that vary based on unit size,
fuel type, or other relevant characteristics;
(B) the appropriateness of establishing fast-track
procedures for interconnection service;
(C) the value of consistency with Federal interconnection
rules established by the Federal Energy Regulatory Commission
as of the date of enactment of this Act;
(D) the best practices used to model outage assumptions and
contingencies to determine fees or rates for additional
services;
(E) the appropriate duration, magnitude, or usage of demand
charge ratchets;
(F) potential alternative arrangements with respect to the
procurement of additional services, including--
(i) contracts tailored to individual electric consumers for
additional services;
(ii) procurement of additional services by an electric
utility from a competitive market; and
(iii) waivers of fees or rates for additional services for
small electric consumers; and
(G) outcomes such as increased electric reliability, fuel
diversification, enhanced power quality, and reduced electric
losses that may result from increased use of combined heat
and power systems and waste heat to power systems.
Subtitle E--Computing
SEC. 2401. EXASCALE COMPUTER RESEARCH PROGRAM.
(a) Renaming of Act.--
(1) In general.--Section 1 of the Department of Energy
High-End Computing Revitalization Act of 2004 (15 U.S.C. 5501
note; Public Law 108-423) is amended by striking ``Department
of Energy High-End Computing Revitalization Act of 2004'' and
inserting ``Exascale Computing Act of 2016''.
(2) Conforming amendment.--Section 976(a)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16316(1)) is amended by
striking ``Department of Energy High-End Computing
Revitalization Act of 2004'' and inserting ``Exascale
Computing Act of 2016''.
(b) Definitions.--Section 2 of the Exascale Computing Act
of 2016 (15 U.S.C. 5541) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) Department.--The term `Department' means the
Department of Energy.
``(2) Exascale computing.--The term `exascale computing'
means computing through the use of a computing machine that
performs near or above 10 to the 18th power floating point
operations per second.''; and
(3) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``, acting through the Director of the Office of
Science of the Department of Energy''.
(c) Department of Energy High-End Computing Research and
Development Program.--Section 3 of the Exascale Computing Act
of 2016 (15 U.S.C. 5542) is amended--
(1) in subsection (a)(1), by striking ``program'' and
inserting ``coordinated program across the Department'';
(2) in subsection (b)(2), by striking ``, which may'' and
all that follows through ``architectures''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a research
program (referred to in this subsection as the `Program') to
develop 2 or more exascale computing machine architectures to
promote the missions of the Department.
``(2) Implementation.--
``(A) In general.--In carrying out the Program, the
Secretary shall--
``(i) establish 2 or more National Laboratory partnerships
with industry partners and institutions of higher education
for the research and development of 2 or more exascale
computing architectures across all applicable organizations
of the Department; and
``(ii) provide, as appropriate, on a competitive, merit-
reviewed basis, access for researchers in industries in the
United States, institutions of higher education, National
Laboratories, and other Federal agencies to the exascale
computing systems developed pursuant to clause (i).
``(B) Selection of partners.--The Secretary shall select
members for the partnerships with the computing facilities of
the Department under subparagraph (A) through a competitive,
peer-review process.
``(3) Codesign and application development.--
``(A) In general.--The Secretary shall carry out the
Program through an integration of applications, computer
science, applied mathematics, and computer hardware
architecture using the partnerships established pursuant to
paragraph (2) to ensure that, to the maximum extent
practicable, 2 or more exascale computing machine
architectures are capable of solving Department target
applications and broader scientific problems.
``(B) Report.--The Secretary shall submit to Congress a
report on how the integration under subparagraph (A) is
furthering application science data and computational
workloads across application interests, including national
security, material science, physical science, cybersecurity,
biological science, the Materials Genome and BRAIN
Initiatives of the President, advanced manufacturing, and the
national electric grid.
``(4) Project review.--
``(A) In general.--The exascale architectures developed
pursuant to partnerships established pursuant to paragraph
(2) shall be reviewed through a project review process.
``(B) Report.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report on--
``(i) the results of the review conducted under
subparagraph (A); and
``(ii) the coordination and management of the Program to
ensure an integrated research program across the Department.
[[Page S2234]]
``(5) Annual reports.--At the time of the budget submission
of the Department for each fiscal year, the Secretary, in
consultation with the members of the partnerships established
pursuant to paragraph (2), shall submit to Congress a report
that describes funding for the Program as a whole by
functional element of the Department and critical
milestones.''.
(d) Authorization of Appropriations.--Section 4 of the
Exascale Computing Act of 2016 (15 U.S.C. 5543) is amended--
(1) by striking ``this Act'' and inserting ``section
3(d)''; and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(1) $272,000,000 for fiscal year 2016;
``(2) $340,000,000 for fiscal year 2017; and
``(3) $360,000,000 for fiscal year 2018.''.
TITLE III--SUPPLY
Subtitle A--Renewables
PART I--HYDROELECTRIC
SEC. 3001. HYDROPOWER REGULATORY IMPROVEMENTS.
(a) Sense of Congress on the Use of Hydropower Renewable
Resources.--It is the sense of Congress that--
(1) hydropower is a renewable resource for purposes of all
Federal programs and is an essential source of energy in the
United States; and
(2) the United States should increase substantially the
capacity and generation of clean, renewable hydropower
resources that would improve environmental quality in the
United States.
(b) Modifying the Definition of Renewable Energy To Include
Hydropower.--Section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852) is amended--
(1) in subsection (a), by striking ``the following
amounts'' and all that follows through paragraph (3) and
inserting ``not less than 15 percent in fiscal year 2016 and
each fiscal year thereafter shall be renewable energy.'' ;
and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
energy produced from solar, wind, biomass, landfill gas,
ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste, or hydropower.''.
(c) Licenses for Construction.--Section 4(e) of the Federal
Power Act (16 U.S.C. 797(e)) is amended, in the first
proviso, by striking ``deem'' and inserting ``determine to
be''.
(d) Preliminary Permits.--Section 5 of the Federal Power
Act (16 U.S.C. 798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period of a
preliminary permit once for not more than 2 additional years
beyond the 3 years'' and inserting the following:
``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(e) Time Limit for Construction of Project Works.--Section
13 of the Federal Power Act (16 U.S.C. 806) is amended in the
second sentence by striking ``once but not longer than two
additional years'' and inserting ``for not more than 8
additional years,''.
(f) License Term.--Section 15(e) of the Federal Power Act
(16 U.S.C. 808(e)) is amended--
(1) by striking ``(e) Except'' and inserting the following:
``(e) License Term on Relicensing.--
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Consideration.--In determining the term of a license
under paragraph (1), the Commission shall consider project-
related investments by the licensee over the term of the
existing license (including any terms under annual licenses)
that resulted in new development, construction, capacity,
efficiency improvements, or environmental measures, but which
did not result in the extension of the term of the license by
the Commission.''.
(g) Operation of Navigation Facilities.--Section 18 of the
Federal Power Act (16 U.S.C. 811) is amended by striking the
second, third, and fourth sentences.
(h) Alternative Conditions and Prescriptions.--Section 33
of the Federal Power Act (16 U.S.C. 823d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``deems'' and inserting
``determines'';
(B) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``determined to be necessary'' before ``by
the Secretary'';
(C) by striking paragraph (4); and
(D) by striking paragraph (5);
(2) in subsection (b)--
(A) by striking paragraph (4); and
(B) by striking paragraph (5); and
(3) by adding at the end the following:
``(c) Further Conditions.--This section applies to any
further conditions or prescriptions proposed or imposed
pursuant to section 4(e), 6, or 18.''.
(i) Licensing Process Improvements and Coordination.--Part
I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. LICENSING PROCESS IMPROVEMENTS.
``(a) License Studies.--
``(1) In general.--To facilitate the timely and efficient
completion of the license proceedings under this part, the
Commission shall--
``(A) conduct an investigation of best practices in
performing licensing studies, including methodologies and the
design of studies to assess the full range of environmental
impacts of a project;
``(B) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this paragraph; and
``(C) encourage license applicants and cooperating agencies
to develop and use, for the purpose of fostering timely and
efficient consideration of license applications, a limited
number of open-source methodologies and tools applicable
across a wide array of projects, including water balance
models and streamflow analyses.
``(2) Use of existing studies.--To the maximum extent
practicable, the Commission shall use existing studies and
data in individual licensing proceedings under this part in
accordance with paragraph (1).
``(3) Nonduplication requirement.--To the maximum extent
practicable, the Commission shall ensure that studies and
data required for any Federal authorization (as defined in
section 35(a)) applicable to a particular project or facility
are not duplicated in other licensing proceedings under this
part.
``(4) Biological opinions.--To the maximum extent
practicable, the Secretary of Commerce shall ensure that
relevant offices within the National Marine Fisheries Service
prepare any biological opinion under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that forms
the basis for a prescription under section 18 on a concurrent
rather than sequential basis.
``(5) Water quality certification deadline.--
``(A) In general.--For purposes of issuing a license under
this part, the deadline for a certifying agency to act under
section 401(a) of the Federal Water Pollution Control Act (33
U.S.C. 1341(a)) shall take effect only on the submission of a
request for certification determined to be complete by the
certifying agency.
``(B) Notice of complete request.--The certifying agency
shall inform the Commission when a request for certification
is determined to be complete.
``SEC. 35. LICENSING PROCESS COORDINATION.
``(a) Definition of Federal Authorization.--In this
section, the term `Federal authorization' means any
authorization required under Federal law (including any
license, permit, special use authorization, certification,
opinion, consultation, determination, or other approval) with
respect to--
``(1) a project licensed under section 4 or 15; or
``(2) a facility exempted under--
``(A) section 30; or
``(B) section 405(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2705(d)).
``(b) Designation as Lead Agency.--
``(1) In general.--The Commission shall act as the lead
agency for the purposes of coordinating all applicable
Federal authorizations.
``(2) Other agencies.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission.
``(c) Schedule.--
``(1) Timing for issuance.--It is the sense of Congress
that all Federal authorizations required for a project or
facility, including a license or exemption order of the
Commission, should be issued by the date that is 3 years
after the date on which an application is considered to be
complete by the Commission.
``(2) Commission schedule.--
``(A) In general.--The Commission shall establish a
schedule for the issuance of all Federal authorizations.
``(B) Requirements.--In establishing the schedule under
subparagraph (A), the Commission shall--
``(i) consult and cooperate with the Federal and State
agencies responsible for a Federal authorization;
``(ii) ensure the expeditious completion of all proceedings
relating to a Federal authorization; and
``(iii) comply with applicable schedules established by
Federal law with respect to a Federal authorization.
``(3) Resolution of interagency disputes.--If the Federal
agency fails to adhere to the schedule established by the
Commission under paragraph (2), or if the final condition of
the Secretary under section 4(e) or prescription under
section 18 has been unreasonably delayed in derogation of the
schedule established under paragraph (2), or if a proposed
alternative condition or prescription has been unreasonably
denied, or if a final condition or prescription would be
inconsistent with the purposes of this part or other
applicable law, the Commission may refer the matter to the
Chairman of the Council on Environmental Quality--
``(A) to ensure timely participation;
``(B) to ensure a timely decision;
``(C) to mediate the dispute; or
[[Page S2235]]
``(D) to refer the matter to the President.
``(d) Consolidated Record.--
``(1) In general.--The Commission shall maintain official
consolidated records of all license proceedings under this
part.
``(2) Submission of recommendations.--Any Federal or State
agency that is providing recommendations with respect to a
license proceeding under this part shall submit to the
Commission for inclusion in the consolidated record relating
to the license proceeding maintained under paragraph (1)--
``(A) the recommendations;
``(B) the rationale for the recommendations; and
``(C) any supporting materials relating to the
recommendations.
``(3) Written statement.--In a case in which a Federal
agency is making a determination with respect to a covered
measure (as defined in section 36(a)), the head of the
Federal agency shall include in the consolidated record a
written statement demonstrating that the Federal agency gave
equal consideration to the effects of the covered measure
on--
``(A) energy supply, distribution, cost, and use;
``(B) flood control;
``(C) navigation;
``(D) water supply; and
``(E) air quality and the preservation of other aspects of
environmental quality.
``SEC. 36. TRIAL-TYPE HEARINGS.
``(a) Definition of Covered Measure.--In this section, the
term `covered measure' means--
``(1) a condition prescribed under section 4(e), including
an alternative condition proposed under section 33(a);
``(2) fishways prescribed under section 18, including an
alternative prescription proposed under section 33(b); or
``(3) any further condition pursuant to section 4(e), 6, or
18.
``(b) Authorization of Trial-type Hearing.--The license
applicant (including an applicant for a license under section
15) and any party to the proceeding shall be entitled to a
determination on the record, after opportunity for a trial-
type hearing of not more than 120 days, on any disputed
issues of material fact with respect to an applicable covered
measure.
``(c) Deadline for Request.--A request for a trial-type
hearing under this section shall be submitted not later than
60 days after the date on which, as applicable--
``(1) the Secretary submits the condition under section
4(e) or prescription under section 18; or
``(2)(A) the Commission publishes notice of the intention
to use the reserved authority of the Commission to order a
further condition under section 6; or
``(B) the Secretary exercises reserved authority under the
license to prescribe, submit, or revise any condition to a
license under the first proviso of section 4(e) or fishway
prescribed under section 18, as appropriate.
``(d) No Requirement To Exhaust.--By electing not to
request a trial-type hearing under subsection (d), a license
applicant and any other party to a license proceeding shall
not be considered to have waived the right of the applicant
or other party to raise any issue of fact or law in a non-
trial-type proceeding, but no issue may be raised for the
first time on rehearing or judicial review of the license
decision of the Commission.
``(e) Administrative Law Judge.--All disputed issues of
material fact raised by a party in a request for a trial-type
hearing submitted under subsection (d) shall be determined in
a single trial-type hearing to be conducted by an
Administrative Law Judge within the Office of Administrative
Law Judges and Dispute Resolution of the Commission, in
accordance with the Commission rules of practice and
procedure under part 385 of title 18, Code of Federal
Regulations (or successor regulations), and within the
timeframe established by the Commission for each license
proceeding (including a proceeding for a license under
section 15) under section 35(c).
``(f) Stay.--The Administrative Law Judge may impose a stay
of a trial-type hearing under this section for a period of
not more than 120 days to facilitate settlement negotiations
relating to resolving the disputed issues of material fact
with respect to the covered measure.
``(g) Decision of the Administrative Law Judge.--
``(1) Contents.--The decision of the Administrative Law
Judge shall contain--
``(A) findings of fact on all disputed issues of material
fact;
``(B) conclusions of law necessary to make the findings of
fact, including rulings on materiality and the admissibility
of evidence; and
``(C) reasons for the findings and conclusions.
``(2) Limitation.--The decision of the Administrative Law
Judge shall not contain conclusions as to whether--
``(A) any condition or prescription should be adopted,
modified, or rejected; or
``(B) any alternative condition or prescription should be
adopted, modified, or rejected.
``(3) Finality.--A decision of an Administrative Law Judge
under this section with respect to a disputed issue of
material fact shall not be subject to further administrative
review.
``(4) Service.--The Administrative Law Judge shall serve
the decision on each party to the hearing and forward the
complete record of the hearing to the Commission and the
Secretary that proposed the original condition or
prescription.
``(h) Secretarial Determination.--
``(1) In general.--Not later than 60 days after the date on
which the Administrative Law Judge issues the decision under
subsection (g) and in accordance with the schedule
established by the Commission under section 35(c), the
Secretary proposing a condition under section 4(e) or a
prescription under section 18 shall file with the Commission
a final determination to adopt, modify, or withdraw any
condition or prescription that was the subject of a hearing
under this section, based on the decision of the
Administrative Law Judge.
``(2) Record of determination.--The final determination of
the Secretary filed with the Commission shall identify the
reasons for the decision and any considerations taken into
account that were not part of, or inconsistent with, the
findings of the Administrative Law Judge and shall be
included in the consolidated record in section 35(d).
``(i) Licensing Decision of the Commission.--
Notwithstanding sections 4(e) and 18, if the Commission finds
that the final condition or prescription of the Secretary is
inconsistent with the purposes of this part or other
applicable law, the Commission may refer the matter to the
Chairman of the Council on Environmental Quality under
section 35(c).
``(j) Judicial Review.--The decision of the Administrative
Law Judge and the record of determination of the Secretary
shall be included in the record of the applicable licensing
proceeding and subject to judicial review of the final
licensing decision of the Commission under section 313(b).
``SEC. 37. PUMPED STORAGE PROJECTS.
``In carrying out section 6(a) of the Hydropower Regulatory
Efficiency Act of 2013 (16 U.S.C. 797 note; Public Law 113-
23), the Commission shall consider a closed loop pumped
storage project to include a project--
``(1) in which the upper and lower reservoirs do not
impound or directly withdraw water from a navigable stream;
or
``(2) that is not continuously connected to a naturally
flowing water feature.
``SEC. 38. ANNUAL REPORTS.
``(a) Commission Annual Report.--
``(1) In general.--The Commission shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives an annual report that--
``(A) describes and quantifies, for each licensed,
exempted, or proposed project under this part or section
405(d) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2705(d)) (referred to in this subsection as the
`covered project'), the quantity of energy and capacity
authorized for new development and reauthorized for continued
operation during the reporting year, including an assessment
of the economic, climactic, air quality, and other
environmental benefits achieved by the new and reauthorized
energy and capacity;
``(B) describes and quantifies the loss of energy,
capacity, or ancillary services as a result of any licensing
action under this part or other requirement under Federal law
during the reporting year;
``(C) identifies any application to license, relicense, or
expand a covered project pending as of the date of the annual
report, including a quantification of the new energy and
capacity with the potential to be gained or lost by action
relating to the covered project; and
``(D) lists all proposed covered projects that, as of the
date of the annual report, are subject to a preliminary
permit issued under section 4(f), including a description of
the quantity of new energy and capacity that would be
achieved through the development of each proposed covered
project.
``(2) Availability.--The Commission shall establish and
maintain a publicly available website or comparable resource
that tracks all information required for the annual report
under paragraph (1).
``(b) Resource Agency Annual Report.--
``(1) In general.--Any Federal or State resource agency
that is participating in any Commission proceeding under this
part or that has responsibilities for any Federal
authorization shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that--
``(A) describes each term, condition, or other requirement
prepared by the resource agency during the reporting year
with respect to a Commission proceeding under this part,
including--
``(i) an assessment of whether implementation of the term,
condition, or other requirement would result in the loss of
energy, capacity, or ancillary services at the project,
including a quantification of the losses;
``(ii) an analysis of economic, air quality, climactic and
other environmental effects associated with implementation of
the term, condition, or other requirement;
``(iii) a demonstration, based on evidence in the record of
the Commission, that the resource agency prepared the term,
condition, or other requirement in a manner that meets the
policy established by this part while discharging the
responsibilities of the resource agency under this part or
any other applicable requirement under Federal law; and
``(iv) a statement of whether the head of the applicable
Federal agency has rendered
[[Page S2236]]
final approval of the term, condition, or other requirement,
or whether the term, condition, or other requirement remains
a preliminary recommendation of staff of the resource agency;
and
``(B) identifies all pending, scheduled, and anticipated
proceedings under this part that, as of the date of the
annual report, the resource agency expects to participate in,
or has any approval or participatory responsibilities for
under Federal law, including--
``(i) an accounting of whether the resource agency met all
deadlines or other milestones established by the resource
agency or the Commission during the reporting year; and
``(ii) the specific plans of the resource agency for
allocating sufficient resources for each project during the
upcoming year.
``(2) Availability.--Any resource agency preparing an
annual report to Congress under paragraph (1) shall establish
and maintain a publicly available website or comparable
resource that tracks all information required for the annual
report.''.
(j) Pilot Program.--
(1) In general.--The Commission (as the term is defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) shall
establish a voluntary pilot program covering at least 1
region in which the Commission, in consultation with the
heads of cooperating agencies, shall direct a set of region-
wide studies to inform subsequent project-level studies
within each region.
(2) Designation.--Not later than 2 years after the date of
enactment of this Act, if the conditions under paragraph (3)
are met, the Commission, in consultation with the heads of
cooperating agencies, shall designate 1 or more regions to be
studied under this subsection.
(3) Voluntary basis.--The Commission may only designate
regions under paragraph (2) in which every licensee, on a
voluntary basis and in writing, agrees--
(A) to be included in the pilot program; and
(B) to any cost-sharing arrangement with other licensees
and applicable Federal and State agencies with respect to
conducting basin-wide studies.
(4) Scale.--The regions designated under paragraph (2)
shall--
(A) be at an adequately large scale to cover at least 5
existing projects that--
(i) are licensed under this part; and
(ii) the licenses of which shall expire not later than 15
years after the date of enactment of this section; and
(B) be likely to yield region-wide studies and information
that will significantly reduce the need for and scope of
subsequent project-level studies and information.
(5) Project license terms.--The Commission may extend the
term of any existing license within a region designated under
paragraph (2) by up to 8 years to provide sufficient time for
relevant region-wide studies to inform subsequent project-
level studies.
SEC. 3002. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
IMPROVEMENTS.
(a) Hydroelectric Production Incentives.--Section 242 of
the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended--
(1) in subsection (c), by striking ``10'' and inserting
``20'';
(2) in subsection (f), by striking ``20'' and inserting
``30''; and
(3) in subsection (g), by striking ``each of the fiscal
years 2006 through 2015'' and inserting ``each of fiscal
years 2016 through 2025''.
(b) Hydroelectric Efficiency Improvement.--Section 243(c)
of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is
amended by striking ``each of the fiscal years 2006 through
2015'' and inserting ``each of fiscal years 2016 through
2025''.
SEC. 3003. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CLARK CANYON DAM.
Notwithstanding the time period described in section 13 of
the Federal Power Act (16 U.S.C. 806) that would otherwise
apply to the Federal Energy Regulatory Commission project
numbered 12429, the Federal Energy Regulatory Commission
(referred to in this section as the ``Commission'') shall, at
the request of the licensee for the project, and after
reasonable notice and in accordance with the procedures of
the Commission under that section, reinstate the license and
extend the time period during which the licensee is required
to commence construction of project works for the 3-year
period beginning on the date of enactment of this Act.
SEC. 3004. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING GIBSON DAM.
(a) In General.--Notwithstanding the requirements of
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12478-003, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice and in accordance with
the procedures of the Commission under that section, extend
the time period during which the licensee is required to
commence construction of the project for a 6-year period that
begins on the date described in subsection (b).
(b) Date Described.--The date described in this subsection
is the date of the expiration of the extension of the period
required for commencement of construction for the project
described in subsection (a) that was issued by the Commission
prior to the date of enactment of this Act under section 13
of the Federal Power Act (16 U.S.C. 806).
(c) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (b) has expired before the date of
enactment of this Act--
(1) the Commission shall reinstate the license effective as
of the date of the expiration of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration date.
PART II--GEOTHERMAL
Subpart A--Geothermal Energy
SEC. 3005. NATIONAL GOALS FOR PRODUCTION AND SITE
IDENTIFICATION.
It is the sense of Congress that, not later than 10 years
after the date of enactment of this Act--
(1) the Secretary of the Interior shall seek to approve a
significant increase in new geothermal energy capacity on
public land across a geographically diverse set of States
using the full range of available technologies; and
(2) the Director of the Geological Survey and the Secretary
should identify sites capable of producing a total of 50,000
megawatts of geothermal power, using the full range of
available technologies, through a program conducted in
collaboration with industry, including cost-shared
exploration drilling.
SEC. 3006. PRIORITY AREAS FOR DEVELOPMENT ON FEDERAL LAND.
The Director of the Bureau of Land Management, in
consultation with other appropriate Federal agencies, shall--
(1) identify high priority areas for new geothermal
development; and
(2) take any actions the Director determines necessary to
facilitate that development, consistent with applicable laws.
SEC. 3007. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY
ON OIL AND GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for noncompetitive
leasing under this section to the holder of the oil and gas
lease--
``(A) on a determination that--
``(i) geothermal energy will be produced from a well
producing or capable of producing oil and gas; and
``(ii) national energy security will be improved by the
issuance of such a lease; and
``(B) to provide for the coproduction of geothermal energy
with oil and gas.''.
SEC. 3008. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR
DEVELOPMENT OF GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) (as amended by section 3007) is amended by adding at
the end the following:
``(5) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--
``(I) except as provided in this clause, shall be equal to
the market value per acre (taking into account the
determination under subparagraph (B)(iii) regarding a valid
discovery on the adjoining land), as determined by the
Secretary under regulations issued under this paragraph;
``(II) shall be determined by the Secretary with respect to
a lease under this paragraph, by not later than the end of
the 180-day period beginning on the date the Secretary
receives an application for the lease; and
``(III) shall be not less than the greater of--
``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is otherwise available for
leasing under this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person that is eligible to hold a geothermal lease under
this Act (including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery of a geothermal resource by a new or existing slim
hole or production well, that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
[[Page S2237]]
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);
``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--
``(I) there is a valid discovery of geothermal resources on
the land for which the qualified lessee holds the legal right
to develop geothermal resources; and
``(II) that thermal feature extends into the adjoining
areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any request to lease land under
this paragraph;
``(II) determine fair market value for purposes of this
paragraph in accordance with procedures for making those
determinations that are established by regulations issued by
the Secretary;
``(III) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this subparagraph of the fair
market value of an area that the qualified lessee seeks to
lease under this paragraph; and
``(IV) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of fair market value in an administrative
proceeding before the applicable Federal land management
agency, in accordance with applicable law (including
regulations).
``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept under subsection (a) any nomination
of the land for leasing unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this paragraph shall be considered a
lease awarded in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after the date
of enactment of the Energy Policy Modernization Act of 2016,
the Secretary shall issue regulations to carry out this
paragraph.''.
SEC. 3009. REPORT TO CONGRESS.
Not later than 3 years after the date of enactment of this
Act and not less frequently than once every 5 years
thereafter, the Secretary of the Interior and the Secretary
shall submit to Congress a report describing the progress
made towards achieving the goals described in section 3005.
SEC. 3010. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart--
(1) $65,000,000 for fiscal year 2017; and
(2) $75,000,000 for each of fiscal years 2018 through 2021.
Subpart B--Development of Geothermal, Solar, and Wind Energy on Public
Land
SEC. 3011. DEFINITIONS.
In this subpart:
(1) Covered land.--The term ``covered land'' means land
that is--
(A) public land administered by the Secretary; and
(B) not excluded from the development of geothermal, solar,
or wind energy under--
(i) a land use plan established under the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
or
(ii) other Federal law.
(2) Exclusion area.--The term ``exclusion area'' means
covered land that is identified by the Bureau of Land
Management as not suitable for development of renewable
energy projects.
(3) Priority area.--The term ``priority area'' means
covered land identified by the land use planning process of
the Bureau of Land Management as being a preferred location
for a renewable energy project.
(4) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(5) Renewable energy project.--The term ``renewable energy
project'' means a project carried out on covered land that
uses wind, solar, or geothermal energy to generate energy.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Variance area.--The term ``variance area'' means
covered land that is--
(A) not an exclusion area; and
(B) not a priority area.
SEC. 3011A. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC
ENVIRONMENTAL IMPACT STATEMENTS.
(a) Priority Areas.--
(1) In general.--The Secretary, in consultation with the
Secretary of Energy, shall establish priority areas on
covered land for geothermal, solar, and wind energy projects.
(2) Deadline.--
(A) Geothermal energy.--For geothermal energy, the
Secretary shall establish priority areas as soon as
practicable, but not later than 5 years, after the date of
enactment of this Act.
(B) Solar energy.--For solar energy, the solar energy zones
established by the 2012 western solar plan of the Bureau of
Land Management shall be considered to be priority areas for
solar energy projects.
(C) Wind energy.--For wind energy, the Secretary shall
establish priority areas as soon as practicable, but not
later than 3 years, after the date of enactment of this Act.
(b) Variance Areas.--To the maximum extent practicable,
variance areas shall be considered for renewable energy
project development, consistent with the principles of
multiple use as defined in the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(c) Review and Modification.--Not less frequently than once
every 10 years, the Secretary shall--
(1) review the adequacy of land allocations for geothermal,
solar, and wind energy priority and variance areas for the
purpose of encouraging new renewable energy development
opportunities; and
(2) based on the review carried out under paragraph (1),
add, modify, or eliminate priority, variance, and exclusion
areas.
(d) Compliance With the National Environmental Policy
Act.--For purposes of this section, compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) shall be accomplished--
(1) for geothermal energy, by supplementing the October
2008 final programmatic environmental impact statement for
geothermal leasing in the western United States;
(2) for solar energy, by supplementing the July 2012 final
programmatic environmental impact statement for solar energy
projects; and
(3) for wind energy, by supplementing the July 2005 final
programmatic environmental impact statement for wind energy
projects.
(e) No Effect on Processing Applications.--A requirement to
prepare a supplement to a programmatic environmental impact
statement under this section shall not result in any delay in
processing an application for a renewable energy project.
(f) Coordination.--In developing a supplement required by
this section, the Secretary shall coordinate, on an ongoing
basis, with appropriate State, tribal, and local governments,
transmission infrastructure owners and operators, developers,
and other appropriate entities to ensure that priority areas
identified by the Secretary are--
(1) economically viable (including having access to
transmission);
(2) likely to avoid or minimize conflict with habitat for
animals and plants, recreation, and other uses of covered
land; and
(3) consistent with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712), including
subsection (c)(9) of that section.
(g) Removal From Classification.--In carrying out
subsections (a), (c), and (d), if the Secretary determines an
area previously suited for development should be removed from
priority or variance classification, not later than 90 days
after the date of the determination, the Secretary shall
submit to Congress a report on the determination.
SEC. 3011B. ENVIRONMENTAL REVIEW ON COVERED LAND.
(a) In General.--If the Secretary determines that a
proposed renewable energy project has been sufficiently
analyzed by a programmatic environmental impact statement
conducted under section 3011B(d), the Secretary shall not
require any additional review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Additional Environmental Review.--If the Secretary
determines that additional environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary for a proposed renewable energy project,
the Secretary shall rely on the analysis in the programmatic
environmental impact statement conducted under section
3011B(d), to the maximum extent practicable when analyzing
the potential impacts of the project.
(c) Relationship to Other Law.--Nothing in this section
modifies or supersedes any requirement under applicable law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 3011C. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT
PERMIT COORDINATION.
(a) Establishment.--The Secretary shall establish a program
to improve Federal permit coordination with respect to
renewable energy projects on covered land.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section,
including to specifically expedite the environmental analysis
of applications for projects proposed in a variance area,
with--
(A) the Secretary of Agriculture; and
(B) the Assistant Secretary of the Army for Civil Works.
(2) State participation.--The Secretary may request the
Governor of any interested State to be a signatory to the
memorandum of understanding under paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 90 days after the date on
which the memorandum of understanding under subsection (b) is
executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau
[[Page S2238]]
of Land Management Renewable Energy Coordination Offices an
employee who has expertise in the regulatory issues relating
to the office in which the employee is employed, including,
as applicable, particular expertise in--
(A) consultation regarding, and preparation of, biological
opinions under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water Pollution
Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42 U.S.C.
7401 et seq.);
(D) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(E) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
and
(G) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) be responsible for addressing all issues relating to
the jurisdiction of the home office or agency of the
employee; and
(B) participate as part of the team of personnel working on
proposed energy projects, planning, monitoring, inspection,
enforcement, and environmental analyses.
(d) Additional Personnel.--The Secretary may assign
additional personnel for the renewable energy coordination
offices as are necessary to ensure the effective
implementation of any programs administered by those offices,
including inspection and enforcement relating to renewable
energy project development on covered land, in accordance
with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Renewable Energy Coordination Offices.--In implementing
the program established under this section, the Secretary may
establish additional renewable energy coordination offices or
temporarily assign the qualified staff described in
subsection (c) to a State, district, or field office of the
Bureau of Land Management to expedite the permitting of
renewable energy projects, as the Secretary determines to be
necessary.
(f) Report to Congress.--
(1) In general.--Not later than February 1 of the first
fiscal year beginning after the date of enactment of this
Act, and each February 1 thereafter, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a report describing the progress
made pursuant to the program under this subpart during the
preceding year.
(2) Inclusions.--Each report under this subsection shall
include--
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to leasing,
permitting, siting, or production.
SEC. 3011D. SAVINGS CLAUSE.
Nothing in this subpart establishes--
(1) a priority or preference for the development of
renewable energy projects on public land over other energy-
related or mineral projects or other uses of public land; or
(2) an exception to the requirement that public land be
managed consistent with the principle of multiple use (as
defined in section of section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702)).
Subpart C--Geothermal Exploration
SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)
is amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definitions.--In this section:
``(1) Covered land.--The term `covered land' means land
that is--
``(A) subject to geothermal leasing in accordance with
section 3; and
``(B) not excluded from the development of geothermal
energy under--
``(i) a final land use plan established under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(ii) a final land and resource management plan
established under the National Forest Management Act of 1976
(16 U.S.C. 1600 et seq.); or
``(iii) any other applicable law.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to National Forest
System land; and
``(B) the Secretary, with respect to land managed by the
Bureau of Land Management (including land held for the
benefit of an Indian tribe).
``(b) NEPA Review of Geothermal Exploration Test
Projects.--
``(1) In general.--An eligible activity described in
paragraph (2) carried out on covered land shall be considered
an action categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation) if--
``(A) the action is for the purpose of geothermal resource
exploration operations; and
``(B) the action is conducted pursuant to this Act.
``(2) Eligible activity.--An eligible activity referred to
in paragraph (1) is--
``(A) a geophysical exploration activity that does not
require drilling, including a seismic survey;
``(B) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of geothermal
resources that--
``(i) is carried out by the holder of the lease;
``(ii) causes--
``(I) fewer than 5 acres of soil or vegetation disruption
at the location of each geothermal exploration well; and
``(II) not more than an additional 5 acres of soil or
vegetation disruption during access or egress to the project
site;
``(iii) is completed in fewer than 90 days, including the
removal of any surface infrastructure from the project site;
and
``(iv) requires the restoration of the project site not
later than 3 years after the date of completion of the
project to approximately the condition that existed at the
time the project began, unless--
``(I) the project site is subsequently used as part of
energy development on the lease; or
``(II) the project--
``(aa) yields geothermal resources; and
``(bb) the use of the geothermal resources will be carried
out under another geothermal generation project in existence
at the time of the discovery of the geothermal resources; or
``(C) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of geothermal
resources that--
``(i) causes an individual surface disturbance of fewer
than 5 acres if--
``(I) the total surface disturbance on the leased land is
not more than 150 acres; and
``(II) a site-specific analysis has been prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(ii) involves the drilling of a geothermal well at a
location or well pad site at which drilling has occurred
within 5 years before the date of spudding the well; or
``(iii) involves the drilling of a geothermal well in a
developed field for which--
``(I) an approved land use plan or any environmental
document prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) analyzed the drilling as a
reasonably foreseeable activity; and
``(II) the land use plan or environmental document was
approved within 10 years before the date of spudding the
well.
``(3) Limitation based on extraordinary circumstances.--The
categorical exclusion established under paragraph (1) shall
be subject to extraordinary circumstances in accordance with
the Departmental Manual, 516 DM 2.3A(3) and 516 DM 2,
Appendix 2 (or successor provisions).
``(c) Notice of Intent; Review and Determination.--
``(1) Requirement to provide notice.--Not later than 30
days before the date on which drilling begins, a leaseholder
intending to carry out an eligible activity shall provide
notice to the Secretary concerned.
``(2) Review of project.--Not later than 10 days after
receipt of a notice of intent provided under paragraph (1),
the Secretary concerned shall--
``(A) review the project described in the notice and
determine whether the project is an eligible activity; and
``(B)(i) if the project is an eligible activity, notify the
leaseholder that under subsection (b), the project is
considered a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 1508.4 of title 40, Code of Federal Regulations (or a
successor regulation); or
``(ii) if the project is not an eligible activity--
``(I) notify the leaseholder that section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) applies to the project;
``(II) include in that notification clear and detailed
findings on any deficiencies in the project that prevent the
application of subsection (b) to the project; and
``(III) provide an opportunity to the leaseholder to remedy
the deficiencies described in the notification before the
date on which the leaseholder plans to begin the project
under paragraph (1).''.
PART III--MARINE HYDROKINETIC
SEC. 3013. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE
ENERGY.
Section 632 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17211) is amended in the matter preceding
paragraph (1) by striking ``electrical''.
SEC. 3014. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
Section 633 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17212) is amended to read as follows:
``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
``The Secretary, in consultation with the Secretary of the
Interior, the Secretary of
[[Page S2239]]
Commerce, and the Federal Energy Regulatory Commission, shall
carry out a program of research, development, demonstration,
and commercial application to accelerate the introduction of
marine and hydrokinetic renewable energy production into the
United States energy supply, giving priority to fostering
accelerated research, development, and commercialization of
technology, including programs--
``(1) to assist technology development to improve the
components, processes, and systems used for power generation
from marine and hydrokinetic renewable energy resources;
``(2) to establish critical testing infrastructure
necessary--
``(A) to cost effectively and efficiently test and prove
marine and hydrokinetic renewable energy devices; and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
and hydrokinetic renewable energy technologies by
participating in demonstration projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine and hydrokinetic renewable
energy with the utility grid;
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine and hydrokinetic
renewable energy supply chain based in the United States;
``(6) to increase the reliability and survivability of
marine and hydrokinetic renewable energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment, and consider the protection of
critical infrastructure, such as adequate separation between
marine and hydrokinetic devices and projects and submarine
telecommunications cables, including consideration of
established industry standards;
``(8) to coordinate and avoid duplication of activities
across programs of the Department and other applicable
Federal agencies, including National Laboratories and to
coordinate public-private collaboration in all programs under
this section;
``(9) to identify opportunities for joint research and
development programs and development of economies of scale
between--
``(A) marine and hydrokinetic renewable energy
technologies; and
``(B) other renewable energy and fossil energy programs,
offshore oil and gas production activities, and activities of
the Department of Defense; and
``(10) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other support of
value to be exchanged and leveraged; and
``(B) to encourage the participation of international
research centers and companies within the United States and
the participation of United States research centers and
companies in international projects.''.
SEC. 3015. NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
Section 634 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17213) is amended by striking subsection (b)
and inserting the following:
``(b) Purposes.--A Center (in coordination with the
Department and National Laboratories) shall--
``(1) advance research, development, demonstration, and
commercial application of marine and hydrokinetic renewable
energy technologies;
``(2) support in-water testing and demonstration of marine
and hydrokinetic renewable energy technologies, including
facilities capable of testing--
``(A) marine and hydrokinetic renewable energy systems of
various technology readiness levels and scales;
``(B) a variety of technologies in multiple test berths at
a single location; and
``(C) arrays of technology devices; and
``(3) serve as information clearinghouses for the marine
and hydrokinetic renewable energy industry by collecting and
disseminating information on best practices in all areas
relating to developing and managing marine and hydrokinetic
renewable energy resources and energy systems.''.
SEC. 3016. AUTHORIZATION OF APPROPRIATIONS.
Section 636 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17215) is amended by striking ``$50,000,000
for each of the fiscal years 2008 through 2012'' and
inserting ``$55,000,000 for each of fiscal years 2017 and
2018 and $60,000,000 for each of fiscal years 2019 through
2021''.
PART IV--BIOMASS
SEC. 3017. POLICIES RELATING TO BIOMASS ENERGY.
To support the key role that forests in the United States
can play in addressing the energy needs of the United States,
the Secretary, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use.
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
Subtitle B--Oil and Gas
SEC. 3101. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND
DEVELOPMENT ACT OF 2000.
(a) Methane Hydrate Research and Development Program.--
(1) In general.--Section 4 of the Methane Hydrate Research
and Development Act of 2000 (30 U.S.C. 2003) is amended by
striking subsection (b) and inserting the following:
``(b) Grants, Contracts, Cooperative Agreements,
Interagency Funds Transfer Agreements, and Field Work
Proposals.--
``(1) Assistance and coordination.--In carrying out the
program of methane hydrate research and development
authorized by this section, the Secretary may award grants
to, or enter into contracts or cooperative agreements with,
institutions--
``(A) to conduct basic and applied research--
``(i) to identify, explore, assess, and develop methane
hydrate as a commercially viable source of energy; and
``(ii) to identify the environmental, health, and safety
impacts of methane hydrate development;
``(B) to identify and characterize methane hydrate
resources using remote sensing and seismic data, including
the characterization of hydrate concentrations in marine
reservoirs in the Gulf of Mexico by the date that is 4 years
after the date of enactment of the Energy Policy
Modernization Act of 2016;
``(C) to develop technologies required for efficient and
environmentally sound development of methane hydrate
resources;
``(D) to conduct basic and applied research to assess and
mitigate the environmental impact of hydrate degassing
(including natural degassing and degassing associated with
commercial development);
``(E) to develop technologies to reduce the risks of
drilling through methane hydrates;
``(F) to conduct exploratory drilling, well testing, and
production testing operations on permafrost and nonpermafrost
gas hydrates in support of the activities authorized by this
paragraph, including--
``(i) drilling of a test well and performing a long-term
hydrate production test on land in the United States Arctic
region by the date that is 4 years after the date of
enactment of the Energy Policy Modernization Act of 2016;
``(ii) drilling of a test well and performing a long-term
hydrate production test in a marine environment by the date
that is 10 years after the date of enactment of the Energy
Policy Modernization Act of 2016; and
``(iii) drilling a full-scale production test well at a
location to be determined by the Secretary; or
``(G) to expand education and training programs in methane
hydrate resource research and resource development through
fellowships or other means for graduate education and
training.
``(2) Environmental monitoring and research.--The Secretary
shall conduct a long-term environmental monitoring and
research program to study the effects of production from
methane hydrate reservoirs.
``(3) Competitive peer review.--Funds made available under
paragraphs (1) and (2) shall be made available based on a
competitive process using external scientific peer review of
proposed research.''.
(2) Conforming amendment.--Section 4(e) of the Methane
Hydrate Research and Development Act of 2000 (30 U.S.C.
2003(e)) is amended in the matter preceding paragraph (1) by
striking ``subsection (b)(1)'' and inserting ``paragraphs (1)
and (2) of subsection (b)''.
(b) Authorization of Appropriations.--The Methane Hydrate
Research and Development Act of 2000 is amended by striking
section 7 (30 U.S.C. 2006) and inserting the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
Act $35,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 3102. LIQUEFIED NATURAL GAS STUDY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the National Association of Regulatory Utility Commissioners
and the National Association of State Energy Officials, shall
conduct a study of the State, regional, and national
implications of exporting liquefied natural gas with respect
to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--
(A) the economic impact that exporting liquefied natural
gas will have in regions that currently import liquefied
natural gas;
[[Page S2240]]
(B) job creation in the manufacturing sectors; and
(C) such other issues as the Secretary considers
appropriate.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to Congress a report on the results of the study conducted
under subsection (a).
SEC. 3103. FERC PROCESS COORDINATION WITH RESPECT TO
REGULATORY APPROVAL OF GAS PROJECTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--
(A) In general.--The term ``Federal authorization'' means
any authorization required under Federal law with respect to
an application for authorization or a certificate of public
convenience and necessity relating to gas transportation
subject to the jurisdiction of the Commission.
(B) Inclusions.--The term ``Federal authorization''
includes any permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law with respect to an application for
authorization or a certificate of public convenience and
necessity relating to gas transportation subject to the
jurisdiction of the Commission.
(b) Designation as Lead Agency.--
(1) In general.--The Commission shall act as the lead
agency for the purposes of--
(A) coordinating all applicable Federal authorizations; and
(B) compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Other agencies.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission.
(c) Schedule.--
(1) Timing for issuance.--It is the sense of Congress that
all Federal authorizations required for a project or facility
should be issued by not later than the date that is 90 days
after the date on which an application is considered to be
complete by the Commission.
(2) Commission schedule.--
(A) In general.--The Commission shall establish a schedule
for the issuance of all Federal authorizations.
(B) Requirements.--In establishing the schedule under
subparagraph (A), the Commission shall--
(i) consult and cooperate with the Federal and State
agencies responsible for a Federal authorization;
(ii) ensure the expeditious completion of all proceedings
relating to a Federal authorization; and
(iii) comply with applicable schedules established under
Federal law with respect to a Federal authorization.
(3) Resolution of interagency disputes.--If the Federal
agency with responsibility fails to adhere to the schedule
established by the Commission under paragraph (2), or if a
Federal authorization has been unreasonably denied, or if a
Federal authorization would be inconsistent with the purposes
of this section or other applicable law, the Commission shall
refer the matter to the Chairman of the Council on
Environmental Quality--
(A) to ensure timely participation;
(B) to ensure a timely decision;
(C) to mediate the dispute; or
(D) to refer the matter to the President.
(d) Consolidated Record.--The Commission shall maintain
official consolidated records of all license proceedings
under this section.
(e) Deference to Commission.--In making a decision with
respect to a Federal authorization, each agency shall give
deference, to the maximum extent authorized by law, to the
scope of environmental review that the Commission determines
to be appropriate.
(f) Concurrent Reviews.--Pursuant to the schedule
established under subsection (c)(2), each agency considering
an aspect of an application for Federal authorization shall--
(1) to the maximum extent authorized by law, carry out the
obligations of that agency under applicable law concurrently
and in conjunction with the review required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
unless doing so would impair the ability of the agency to
conduct needed analysis or otherwise carry out those
obligations;
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to complete the
required Federal authorizations in accordance with the
schedule described in subsection (c); and
(3) transmit to the Commission a statement--
(A) acknowledging notice of the schedule described in
subsection (c); and
(B) describing the plan formulated under paragraph (2).
(g) Failure To Meet Deadline.--If an agency does not
complete a proceeding for an approval that is required for a
Federal authorization in accordance with the schedule
described in subsection (c), the head of the relevant Federal
agency (including, in the case of a failure by the State
agency or unit of local government, the Federal agency
overseeing the delegated authority) shall--
(1) notify Congress and the Commission of the failure; and
(2) describe in that notification an implementation plan to
ensure completion.
(h) Accountability; Transparency; Efficiency.--
(1) In general.--For applications requiring multiple
Federal authorizations, the Commission, in consultation with
any agency considering an aspect of the application, shall
track and make available to the public on the website of the
Commission information relating to the actions required to
complete permitting, reviews, and other requirements.
(2) Inclusions.--Information tracked under paragraph (1)
shall include the following:
(A) The schedule described in subsection (c).
(B) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other
requirements necessary to obtain a final decision on the
Federal authorization.
(C) The expected completion date for each action listed
under subparagraph (B).
(D) A point of contact at the agency accountable for each
action listed under subparagraph (B).
(E) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the
reason for the delay.
SEC. 3104. PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management
(referred to in this section as the ``Director''), shall
establish a pilot program in 1 State with at least 2,000 oil
and gas drilling spacing units (as defined under State law),
in which--
(1) 25 percent or less of the minerals are owned or held in
trust by the Federal Government; and
(2) there is no surface land owned or held in trust by the
Federal Government.
(b) Activities.--In carrying out the pilot program, the
Director shall identify and implement ways to streamline the
review and approval of Applications for Permits to Drill for
oil and gas drilling spacing units of the State in order to
achieve a processing time for those oil and gas drilling
spacing units similar to that of spacing units that require
an Application for Permit to Drill and are not part of the
pilot program in the same State.
(c) Funding.--Beginning in fiscal year 2016, and for a
period of 3 years thereafter, to carry out the pilot program
efficiently, the Director may fund up to 10 full-time
equivalents at appropriate field offices.
(d) Report.--Not later than 4 years after the date of
enactment of this Act, the Director shall submit to Congress
a report on the results of the pilot program.
(e) Waiver.--The Secretary of the Interior may waive the
requirement for an Application for Permit to Drill if the
Director determines that the mineral interest of the United
States in the spacing units in land covered by this section
is adequately protected, if otherwise in accordance with
applicable laws, regulations, and lease terms.
SEC. 3105. GAO REVIEW AND REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 2 years,
the Comptroller General of the United States shall conduct a
review of--
(1) energy production in the United States; and
(2) the effects, if any, of crude oil exports from the
United States on consumers, independent refiners, and
shipbuilding and ship repair yards.
(b) Contents of Report.--Not later than 1 year after
commencing each review under subsection (a), the Comptroller
General of the United States shall submit to the Committees
on Energy and Natural Resources, Banking, Housing, and Urban
Affairs, Commerce, Science, and Transportation, and Foreign
Relations of the Senate and the Committees on Natural
Resources, Energy and Commerce, Financial Services, and
Foreign Affairs of the House of Representatives a report that
includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to
address any job loss in the shipbuilding and ship repair
industry or adverse impacts on consumers and refiners that
the Comptroller General of the United States attributes to
unencumbered crude oil exports in the United States.
SEC. 3106. ETHANE STORAGE STUDY.
(a) In General.--The Secretary and the Secretary of
Commerce, in consultation with other relevant Federal
departments and agencies and stakeholders, shall conduct a
study of the feasibility of establishing an ethane storage
and distribution hub in the Marcellus, Utica, and Rogersville
shale plays in the United States.
(b) Contents.--The study conducted under subsection (a)
shall include--
(1) an examination of, with respect to the proposed ethane
storage and distribution hub--
(A) potential locations;
(B) economic feasibility;
(C) economic benefits;
(D) geological storage capacity capabilities;
(E) above-ground storage capabilities;
(F) infrastructure needs; and
(G) other markets and trading hubs, particularly hubs
relating to ethane; and
(2) the identification of potential additional benefits of
the proposed hub to energy security.
(c) Publication of Results.--Not later than 2 years after
the date of enactment of this Act, the Secretary and the
Secretary of Commerce shall--
[[Page S2241]]
(1) submit to the Committee on Energy and Commerce of the
House of Representatives and the Committees on Energy and
Natural Resources and Commerce, Science, and Transportation
of the Senate a report describing the results of the study
under subsection (a); and
(2) publish those results on the Internet websites of the
Departments of Energy and Commerce, respectively.
SEC. 3107. ALISO CANYON NATURAL GAS LEAK TASK FORCE.
(a) Establishment of Task Force.--Not later than 15 days
after the date of enactment of this Act, the Secretary shall
lead and establish an Aliso Canyon Task Force (referred to in
this section as the ``task force'').
(b) Membership of Task Force.--In addition to the
Secretary, the task force shall be composed of--
(1) 1 representative from the Pipeline and Hazardous
Materials Safety Administration;
(2) 1 representative from the Department of Health and
Human Services;
(3) 1 representative from the Environmental Protection
Agency;
(4) 1 representative from the Department of the Interior;
(5) 1 representative from the Department of Commerce; and
(6) 1 representative from the Federal Energy Regulatory
Commission.
(c) Report.--
(1) Final report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the task force shall submit a final
report that contains the information described in
subparagraph (B) to--
(i) the Committee on Energy and Natural Resources of the
Senate;
(ii) the Committee on Natural Resources of the House of
Representatives;
(iii) the Committee on Environment and Public Works of the
Senate;
(iv) the Committee on Transportation and Infrastructure of
the House of Representatives;
(v) the Committee on Commerce, Science, and Transportation
of the Senate;
(vi) the Committee on Energy and Commerce of the House of
Representatives;
(vii) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(viii) the Committee on Education and the Workforce of the
House of Representatives;
(ix) the President; and
(x) relevant Federal and State agencies.
(B) Information included.--The report submitted under
subparagraph (A) shall include, at a minimum--
(i) an analysis and conclusion of the cause of the Aliso
Canyon natural gas leak;
(ii) an analysis of measures taken to stop the natural gas
leak, with an immediate focus on other, more effective
measures that could be taken;
(iii) an assessment of the impact of the natural gas leak
on health, safety, the environment, and the economy of the
residents and property surrounding Aliso Canyon;
(iv) an analysis of how Federal and State agencies
responded to the natural gas leak;
(v) in order to lessen the negative impacts of natural gas
leaks, recommendations on how to improve--
(I) the response to a future leak; and
(II) coordination between all appropriate Federal, State,
and local agencies in the response to the Aliso Canyon
natural gas leak and future natural gas leaks;
(vi) an analysis of the potential for a similar natural gas
leak to occur at other underground natural gas storage
facilities in the United States;
(vii) recommendations on how to prevent any future natural
gas leaks;
(viii) recommendations on whether to continue operations at
Aliso Canyon and other facilities in close proximity to
residential populations based on an assessment of the risk of
a future natural gas leak;
(ix) a recommendation on information that is not currently
collected but that would be in the public interest to collect
and distribute to agencies and institutions for the continued
study and monitoring of natural gas infrastructure in the
United States;
(x) an analysis of the impact of the Aliso Canyon natural
gas leak on wholesale and retail electricity prices; and
(xi) an analysis of the impact of the Aliso Canyon natural
gas leak on the reliability of the bulk-power system.
(2) Publication.--The interim reports and recommendations
under paragraph (1) and the final report under paragraph (2)
shall be made available to the public in an electronically
accessible format.
(3) If, before the final report is submitted under
paragraph (1) the task force finds methods to solve the
natural gas leak at Aliso Canyon; better protect the affected
communities; or finds methods to help prevent other leaks,
they must immediately issue such findings to the same
entities that are to receive the final report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
SEC. 3108. REPORT ON INCORPORATING INTERNET-BASED LEASE
SALES.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior shall submit to Congress a
report containing recommendations for the incorporation of
Internet-based lease sales at the Bureau of Land Management
in accordance with section 17(b)(1)(C) of the Mineral Leasing
Act (30 U.S.C. 226(b)(1)(C)) in the event of an emergency or
other disruption causing a disruption to a sale.
SEC. 3109. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS
PIPELINE.
(a) Permit.--Section 3(b)(1) of the Denali National Park
Improvement Act (Public Law 113-33; 127 Stat. 516) is amended
by striking ``within, along, or near the approximately 7-mile
segment of the George Parks Highway that runs through the
Park''.
(b) Terms and Conditions.--Section 3(c)(1) of the Denali
National Park Improvement Act (Public Law 113-33; 127 Stat.
516) is amended--
(1) in subparagraph (A), by inserting ``and'' after the
semicolon;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
(c) Applicable Law.--Section 3 of the Denali National Park
Improvement Act (Public Law 113-33; 127 Stat. 515) is amended
by adding at the end the following:
``(d) Applicable Law.--A high pressure gas transmission
pipeline (including appurtenances) in a nonwilderness area
within the boundary of the Park, shall not be subject to
title XI of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3161 et seq.).''.
Subtitle C--Helium
SEC. 3201. RIGHTS TO HELIUM.
(a) Definition of Helium-related Project.--The term
``helium-related project'' means a project--
(1) to explore or produce crude helium; and
(2) to sell crude or refined helium.
(b) Expedited Completion.--Notwithstanding any other
provision of law, applicable environmental reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for helium-related projects shall be completed on an
expeditious basis and the shortest existing applicable
process under that Act shall be used for such projects.
(c) Repeal of Reservation of Helium Rights.--The first
section of the Mineral Leasing Act (30 U.S.C. 181) is amended
by striking the flush text that follows the last undesignated
subsection.
(d) Rights to Helium Under Leases Under Mineral Leasing Act
for Acquired Lands.--The Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) is amended by adding at the end
the following:
``SEC. 12. RIGHTS TO HELIUM.
``Any lease issued under this Act that authorizes
exploration for, or development or production of, gas shall
be considered to grant to the lessee a right of first refusal
to engage in exploration for, and development and production
of, helium on land that is subject to the lease in accordance
with regulations issued by the Secretary.''.
Subtitle D--Critical Minerals
SEC. 3301. DEFINITIONS.
In this subtitle:
(1) Critical mineral.--
(A) In general.--The term ``critical mineral'' means any
mineral, element, substance, or material designated as
critical pursuant to section 3303.
(B) Exclusions.--The term ``critical mineral'' does not
include--
(i) fuel minerals, including oil, natural gas, or any other
fossil fuels; or
(ii) water, ice, or snow.
(2) Critical mineral manufacturing.--The term ``critical
mineral manufacturing'' means--
(A) the production, processing, refining, alloying,
separation, concentration, magnetic sintering, melting, or
beneficiation of critical minerals within the United States;
(B) the fabrication, assembly, or production, within the
United States, of equipment, components, or other goods with
energy technology-, defense-, agriculture-, consumer
electronics-, or health care-related applications; or
(C) any other value-added, manufacturing-related use of
critical minerals undertaken within the United States.
(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. 450b).
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
SEC. 3302. POLICY.
(a) In General.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602) is amended in the second sentence--
(1) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability
for identifying critical mineral demand, supply, and other
factors to allow informed actions to be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand
growth and other market shifts;'';
(2) in paragraph (6), by striking ``and'' after the
semicolon at the end; and
(3) by striking paragraph (7) and inserting the following:
``(7) encourage Federal agencies to facilitate the
availability, development, and environmentally responsible
production of domestic resources to meet national material or
critical mineral needs;
[[Page S2242]]
``(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the issuance of
permits and authorizations necessary to explore for, develop,
and produce critical minerals and to construct critical
mineral manufacturing facilities in accordance with
applicable environmental and land management laws;
``(9) strengthen educational and research capabilities and
workforce training;
``(10) bolster international cooperation through technology
transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling
of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(b) Conforming Amendment.--Section 2(b) of the National
Materials and Minerals Policy, Research and Development Act
of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As
used in this Act, the term'' and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means
any mineral or element designated as a critical mineral
pursuant to section 3303 of the Energy Policy Modernization
Act of 2016.
``(2) Materials.--The term''.
SEC. 3303. CRITICAL MINERAL DESIGNATIONS.
(a) Draft Methodology.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the Interior
(acting through the Director of the United States Geological
Survey) (referred to in this subtitle as the ``Secretary''),
in consultation with relevant Federal agencies and entities,
shall publish in the Federal Register for public comment a
draft methodology for determining which minerals qualify as
critical minerals based on an assessment of whether the
minerals are--
(1) subject to potential supply restrictions (including
restrictions associated with foreign political risk, abrupt
demand growth, military conflict, violent unrest, anti-
competitive or protectionist behaviors, and other risks
throughout the supply chain); and
(2) important in use (including energy technology-,
defense-, currency-, agriculture-, consumer electronics-, and
health care-related applications).
(b) Availability of Data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this section, qualitative
evidence may be used to the extent necessary.
(c) Final Methodology.--After reviewing public comments on
the draft methodology under subsection (a) and updating the
draft methodology as appropriate, not later than 270 days
after the date of enactment of this Act, the Secretary shall
publish in the Federal Register a description of the final
methodology for determining which minerals qualify as
critical minerals.
(d) Designations.--
(1) In general.--For purposes of carrying out this
subtitle, the Secretary shall maintain a list of minerals and
elements designated as critical, pursuant to the methodology
under subsection (c).
(2) Initial list.--Subject to paragraph (1), not later than
1 year after the date of enactment of this Act, the Secretary
shall publish in the Federal Register an initial list of
minerals designated as critical pursuant to the final
methodology under subsection (c) for the purpose of carrying
out this subtitle.
(3) Inclusions.--Notwithstanding the criteria under
subsection (c), the Secretary may designate and include on
the list any mineral or element determined by another Federal
agency to be strategic and critical to the defense or
national security of the United States.
(e) Subsequent Review.--
(1) In general.--The Secretary shall review the methodology
and designations under subsections (c) and (d) at least every
3 years, or more frequently as the Secretary considers to be
appropriate.
(2) Revisions.--Subject to subsection (d)(1), the Secretary
may--
(A) revise the methodology described in this section;
(B) determine that minerals or elements previously
determined to be critical minerals are no longer critical
minerals; and
(C) designate additional minerals or elements as critical
minerals.
(f) Notice.--On finalization of the methodology under
subsection (c), the list under subsection (d), or any
revision to the methodology or list under subsection (e), the
Secretary shall submit to Congress written notice of the
action.
SEC. 3304. RESOURCE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, in consultation with applicable State
(including geological surveys), local, academic, industry,
and other entities, the Secretary shall complete a
comprehensive national assessment of each critical mineral
that--
(1) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories; and
(2) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States, including probability estimates of tonnage and grade,
using all available public and private information and
datasets, including exploration histories.
(b) Supplementary Information.--In carrying out this
section, the Secretary may carry out surveys and field work
(including drilling, remote sensing, geophysical surveys,
geological mapping, and geochemical sampling and analysis) to
supplement existing information and datasets available for
determining the existence of critical minerals in the United
States.
(c) Technical Assistance.--At the request of the Governor
of a State or the head of an Indian tribe, the Secretary may
provide technical assistance to State governments and Indian
tribes conducting critical mineral resource assessments on
non-Federal land.
(d) Prioritization.--
(1) In general.--The Secretary may sequence the completion
of resource assessments for each critical mineral such that
critical minerals considered to be most critical under the
methodology established under section 3303 are completed
first.
(2) Reporting.--During the period beginning not later than
1 year after the date of enactment of this Act and ending on
the date of completion of all of the assessments required
under this section, the Secretary shall submit to Congress on
an annual basis an interim report that--
(A) identifies the sequence and schedule for completion of
the assessments if the Secretary sequences the assessments;
or
(B) describes the progress of the assessments if the
Secretary does not sequence the assessments.
(e) Updates.--The Secretary may periodically update the
assessments conducted under this section based on--
(1) the generation of new information or datasets by the
Federal Government; or
(2) the receipt of new information or datasets from
critical mineral producers, State geological surveys,
academic institutions, trade associations, or other persons.
(f) Additional Surveys.--The Secretary shall complete a
resource assessment for each additional mineral or element
subsequently designated as a critical mineral under section
3303(e)(2) not later than 2 years after the designation of
the mineral or element.
(g) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the status of geological surveying of
Federal land for any mineral commodity--
(1) for which the United States was dependent on a foreign
country for more than 25 percent of the United States supply,
as depicted in the report issued by the United States
Geological Survey entitled ``Mineral Commodity Summaries
2015''; but
(2) that is not designated as a critical mineral under
section 3303.
SEC. 3305. PERMITTING.
(a) Performance Improvements.--To improve the quality and
timeliness of decisions, the Secretary (acting through the
Director of the Bureau of Land Management) and the Secretary
of Agriculture (acting through the Chief of the Forest
Service) (referred to in this section as the ``Secretaries'')
shall, to the maximum extent practicable, with respect to
critical mineral production on Federal land, complete Federal
permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules
for the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for mineral-related activities on
Federal land;
(2) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against
those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of those
parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(5) engaging in early and active consultation with State,
local, and Indian tribal governments to avoid conflicts or
duplication of effort, resolve concerns, and allow for
concurrent, rather than sequential, reviews;
(6) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(7) expanding and institutionalizing permitting and review
process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national,
regional, State, and local levels; and
(9) developing other practices, such as preapplication
procedures.
(b) Review and Report.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall submit
to Congress a report that--
(1) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would
increase the timeliness of permitting activities for the
exploration and development of domestic critical minerals;
(2) identifies options (including cost recovery paid by
permit applicants) for ensuring
[[Page S2243]]
adequate staffing and training of Federal entities and
personnel responsible for the consideration of applications,
operating plans, leases, licenses, permits, and other use
authorizations for critical mineral-related activities on
Federal land;
(3) quantifies the amount of time typically required
(including range derived from minimum and maximum durations,
mean, median, variance, and other statistical measures or
representations) to complete each step (including those
aspects outside the control of the executive branch, such as
judicial review, applicant decisions, or State and local
government involvement) associated with the development and
processing of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land, which shall serve
as a baseline for the performance metric under subsection
(c); and
(4) describes actions carried out pursuant to subsection
(a).
(c) Performance Metric.--Not later than 90 days after the
date of submission of the report under subsection (b), the
Secretaries, after providing public notice and an opportunity
to comment, shall develop and publish a performance metric
for evaluating the progress made by the executive branch to
expedite the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals, while maintaining environmental standards.
(d) Annual Reports.--Beginning with the first budget
submission by the President under section 1105 of title 31,
United States Code, after publication of the performance
metric required under subsection (c), and annually
thereafter, the Secretaries shall submit to Congress a report
that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (b);
(2) using the performance metric under subsection (c),
describes progress made by the executive branch, as compared
to the baseline established pursuant to subsection (b)(3), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to
the globally competitive critical minerals industry.
(e) Individual Projects.--Using data from the Secretaries
generated under subsection (d), the Director of the Office of
Management and Budget shall prioritize inclusion of
individual critical mineral projects on the website operated
by the Office of Management and Budget in accordance with
section 1122 of title 31, United States Code.
(f) Report of Small Business Administration.--Not later
than 1 year and 300 days after the date of enactment of this
Act, the Administrator of the Small Business Administration
shall submit to the applicable committees of Congress a
report that assesses the performance of Federal agencies with
respect to--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
SEC. 3306. FEDERAL REGISTER PROCESS.
(a) Departmental Review.--Absent any extraordinary
circumstance, and except as otherwise required by law, the
Secretary and the Secretary of Agriculture shall ensure that
each Federal Register notice described in subsection (b)
shall be--
(1) subject to any required reviews within the Department
of the Interior or the Department of Agriculture; and
(2) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(b) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of a
critical mineral exploration or mine permit shall be
delegated to the organizational level within the agency
responsible for issuing the critical mineral exploration or
mine permit.
(c) Transmission.--All Federal Register notices regarding
official document availability, announcements of meetings, or
notices of intent to undertake an action shall be originated
in, and transmitted to the Federal Register from, the office
in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.
SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES.
(a) Establishment.--The Secretary of Energy (referred to in
this section as the ``Secretary'') shall conduct a program of
research and development--
(1) to promote the efficient production, use, and recycling
of critical minerals throughout the supply chain; and
(2) to develop alternatives to critical minerals that do
not occur in significant abundance in the United States.
(b) Cooperation.--In carrying out the program, the
Secretary shall cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral processors;
(4) critical mineral manufacturers;
(5) trade associations;
(6) academic institutions;
(7) small businesses; and
(8) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary shall
carry out activities that include the identification and
development of--
(1) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that
decrease the energy consumption, environmental impact, and
costs of those activities, including--
(A) efficient water and wastewater management strategies;
(B) technologies and management strategies to control the
environmental impacts of radionuclides in ore tailings; and
(C) technologies for separation and processing;
(2) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals
across the full supply chain;
(3) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
minerals, and options for improving the rates of collection
of products and scrap containing critical minerals from post-
consumer, industrial, or other waste streams;
(4) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts;
(5) alternative minerals, metals, and materials,
particularly those available in abundance within the United
States and not subject to potential supply restrictions, that
lessen the need for critical minerals; and
(6) alternative energy technologies or alternative designs
of existing energy technologies, particularly those that use
minerals that--
(A) occur in abundance in the United States; and
(B) are not subject to potential supply restrictions.
(d) Reports.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report summarizing the activities,
findings, and progress of the program.
SEC. 3308. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical
mineral policies and inform future actions that may be taken
to avoid supply shortages, mitigate price volatility, and
prepare for demand growth and other market shifts, the
Secretary, in consultation with the Energy Information
Administration, academic institutions, and others in order to
maximize the application of existing competencies related to
developing and maintaining computer-models and similar
analytical tools, shall conduct and publish the results of an
annual report that includes--
(1) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral domestically
produced during the preceding year;
(B) the quantity of each critical mineral domestically
consumed during the preceding year;
(C) market price data or other price data for each critical
mineral;
(D) an assessment of--
(i) critical mineral requirements to meet the national
security, energy, economic, industrial, technological, and
other needs of the United States during the preceding year;
(ii) the reliance of the United States on foreign sources
to meet those needs during the preceding year; and
(iii) the implications of any supply shortages,
restrictions, or disruptions during the preceding year;
(E) the quantity of each critical mineral domestically
recycled during the preceding year;
(F) the market penetration during the preceding year of
alternatives to each critical mineral;
(G) a discussion of international trends associated with
the discovery, production, consumption, use, costs of
production, prices, and recycling of each critical mineral as
well as the development of alternatives to critical minerals;
and
(H) such other data, analyses, and evaluations as the
Secretary finds are necessary to achieve the purposes of this
section; and
(2) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected to be
domestically produced over the subsequent 1-year, 5-year, and
10-year periods;
(B) the quantity of each critical mineral projected to be
domestically consumed over the subsequent 1-year, 5-year, and
10-year periods;
(C) an assessment of--
(i) critical mineral requirements to meet projected
national security, energy, economic, industrial,
technological, and other needs of the United States;
(ii) the projected reliance of the United States on foreign
sources to meet those needs; and
(iii) the projected implications of potential supply
shortages, restrictions, or disruptions;
[[Page S2244]]
(D) the quantity of each critical mineral projected to be
domestically recycled over the subsequent 1-year, 5-year, and
10-year periods;
(E) the market penetration of alternatives to each critical
mineral projected to take place over the subsequent 1-year,
5-year, and 10-year periods;
(F) a discussion of reasonably foreseeable international
trends associated with the discovery, production,
consumption, use, costs of production, and recycling of each
critical mineral as well as the development of alternatives
to critical minerals; and
(G) such other projections relating to each critical
mineral as the Secretary determines to be necessary to
achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report
described in subsection (a), the Secretary shall ensure,
consistent with section 5(f) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604(f)), that--
(1) no person uses the information and data collected for
the report for a purpose other than the development of or
reporting of aggregate data in a manner such that the
identity of the person or firm who supplied the information
is not discernible and is not material to the intended uses
of the information;
(2) no person discloses any information or data collected
for the report unless the information or data has been
transformed into a statistical or aggregate form that does
not allow the identification of the person or firm who
supplied particular information; and
(3) procedures are established to require the withholding
of any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
SEC. 3309. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 1 year and 300
days after the date of enactment of this Act, the Secretary
of Labor (in consultation with the Secretary, the Director of
the National Science Foundation, institutions of higher
education with substantial expertise in mining, institutions
of higher education with significant expertise in minerals
research, including fundamental research into alternatives,
and employers in the critical minerals sector) shall submit
to Congress an assessment of the domestic availability of
technically trained personnel necessary for critical mineral
exploration, development, assessment, production,
manufacturing, recycling, analysis, forecasting, education,
and research, including an analysis of--
(1) skills that are in the shortest supply as of the date
of the assessment;
(2) skills that are projected to be in short supply in the
future;
(3) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of
factors such as an aging workforce;
(4) the effectiveness of training and education programs in
addressing skills shortages;
(5) opportunities to hire locally for new and existing
critical mineral activities;
(6) the sufficiency of personnel within relevant areas of
the Federal Government for achieving the policies described
in section 3 of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1602); and
(7) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(b) Curriculum Study.--
(1) In general.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(A) to design an interdisciplinary program on critical
minerals that will support the critical mineral supply chain
and improve the ability of the United States to increase
domestic, critical mineral exploration, development,
production, manufacturing, research, including fundamental
research into alternatives, and recycling;
(B) to address undergraduate and graduate education,
especially to assist in the development of graduate level
programs of research and instruction that lead to advanced
degrees with an emphasis on the critical mineral supply chain
or other positions that will increase domestic, critical
mineral exploration, development, production, manufacturing,
research, including fundamental research into alternatives,
and recycling;
(C) to develop guidelines for proposals from institutions
of higher education with substantial capabilities in the
required disciplines for activities to improve the critical
mineral supply chain and advance the capacity of the United
States to increase domestic, critical mineral exploration,
research, development, production, manufacturing, and
recycling; and
(D) to outline criteria for evaluating performance and
recommendations for the amount of funding that will be
necessary to establish and carry out the program described in
subsection (c).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a description of the results of the study required under
paragraph (1).
(c) Program.--
(1) Establishment.--The Secretary and the Secretary of
Labor shall jointly conduct a competitive grant program under
which institutions of higher education may apply for and
receive 4-year grants for--
(A) startup costs for newly designated faculty positions in
integrated critical mineral education, research, innovation,
training, and workforce development programs consistent with
subsection (b);
(B) internships, scholarships, and fellowships for students
enrolled in programs related to critical minerals;
(C) equipment necessary for integrated critical mineral
innovation, training, and workforce development programs; and
(D) research of critical minerals and their applications,
particularly concerning the manufacture of critical
components vital to national security.
(2) Renewal.--A grant under this subsection shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under subsection (b)(1)(D).
SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA
PRESERVATION PROGRAM.
Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C.
15908(k)) is amended by striking ``$30,000,000 for each of
fiscal years 2006 through 2010'' and inserting ``$5,000,000
for each of fiscal years 2017 through 2026, to remain
available until expended''.
SEC. 3311. ADMINISTRATION.
(a) In General.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(b) Conforming Amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``,
with the assistance of the National Critical Materials
Council as specified in the National Critical Materials Act
of 1984 (30 U.S.C. 1801 et seq.),''.
(c) Savings Clauses.--
(1) In general.--Nothing in this subtitle or an amendment
made by this subtitle modifies any requirement or authority
provided by--
(A) the matter under the heading ``geological survey'' of
the first section of the Act of March 3, 1879 (43 U.S.C.
31(a)); or
(B) the first section of Public Law 87-626 (43 U.S.C.
31(b)).
(2) Secretarial order not affected.--This subtitle shall
not apply to any mineral described in Secretarial Order No.
3324, issued by the Secretary of the Interior on December 3,
2012, in any area to which the order applies.
SEC. 3312. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle $50,000,000 for each of fiscal years 2017 through
2026.
Subtitle E--Coal
SEC. 3401. SENSE OF THE SENATE ON CARBON CAPTURE, USE, AND
STORAGE DEVELOPMENT AND DEPLOYMENT.
It is the sense of the Senate that--
(1) carbon capture, use, and storage deployment is--
(A) an important part of the clean energy future and smart
research and development investments of the United States;
and
(B) critical--
(i) to increasing the energy security of the United States;
(ii) to reducing emissions; and
(iii) to maintaining a diverse and reliable energy
resource;
(2) the fossil energy programs of the Department should
continue to focus on research and development of technologies
that will improve the capture, transportation, use (including
for the production through biofixation of carbon-containing
products), and injection processes essential for carbon
capture, use, and storage activities in the electrical and
industrial sectors;
(3) the Secretary should continue to partner with the
private sector and explore avenues to bring down the cost of
carbon capture, including through loans, grants, and
sequestration credits to help make carbon capture, use, and
storage technologies more competitive compared to other
technologies that are a part of the clean energy future of
the United States; and
(4) the Secretary should continue working with
international partners on pre-existing agreements, projects,
and information sharing activities of the Secretary to
develop the latest and most cutting-edge carbon capture, use,
and storage technologies for the electrical and industrial
sectors.
SEC. 3402. FOSSIL ENERGY.
Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C.
16291(a)) is amended by adding at the end the following:
``(8) Improving the conversion, use, and storage of carbon
dioxide produced from fossil fuels.''.
SEC. 3403. ESTABLISHMENT OF COAL TECHNOLOGY PROGRAM.
(a) Repeals.--
(1) In general.--
(A) Sections 962 and 963 of the Energy Policy Act of 2005
(42 U.S.C. 16292, 16293) are repealed.
(B) Subtitle A of title IV of the Energy Policy Act of 2005
(42 U.S.C. 15961 et seq.) is repealed.
(2) Savings clause.--Notwithstanding the amendments made by
paragraph (1), the Secretary shall continue to manage any
program activities that are outstanding as of the date of
enactment of this Act under the
[[Page S2245]]
terms and conditions of sections 962 and 963 of the Energy
Policy Act of 2005 (42 U.S.C. 16292, 16293) or subtitle A of
title IV of the Energy Policy Act of 2005 (42 U.S.C. 15961 et
seq.) (as in effect on the day before the date of enactment
of this Act), as applicable.
(3) Conforming amendments.--
(A) Section 703(a)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17251(a)(3)) is amended--
(i) in the matter preceding subparagraph (A), by striking
the first and second sentences; and
(ii) in subparagraph (B), by striking ``including'' in the
matter preceding clause (i) and all that follows through the
period at the end and inserting ``, including such geologic
sequestration projects as are approved by the Secretary''.
(B) Section 704 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17252) is amended in the first sentence by
striking ``under section 963(c)(3) of the Energy Policy Act
of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of
this subtitle, and''.
(b) Establishment of Coal Technology Program.--The Energy
Policy Act of 2005 (as amended by subsection (a)) is amended
by inserting after section 961 (42 U.S.C. 16291) the
following:
``SEC. 962. COAL TECHNOLOGY PROGRAM.
``(a) Definitions.--In this section:
``(1) Large-scale pilot project.--The term `large-scale
pilot project' means a pilot project that--
``(A) represents the scale of technology development beyond
laboratory development and bench scale testing, but not yet
advanced to the point of being tested under real operational
conditions at commercial scale;
``(B) represents the scale of technology necessary to gain
the operational data needed to understand the technical and
performance risks of the technology before the application of
that technology at commercial scale or in commercial-scale
demonstration; and
``(C) is large enough--
``(i) to validate scaling factors; and
``(ii) to demonstrate the interaction between major
components so that control philosophies for a new process can
be developed and enable the technology to advance from large-
scale pilot plant application to commercial-scale
demonstration or application.
``(2) Net-negative carbon dioxide emissions project.--The
term `net-negative carbon dioxide emissions project' means a
project--
``(A) that employs a technology for thermochemical
coconversion of coal and biomass fuels that--
``(i) uses a carbon capture system; and
``(ii) with carbon dioxide removal, can provide
electricity, fuels, or chemicals with net-negative carbon
dioxide emissions from production and consumption of the end
products, while removing atmospheric carbon dioxide;
``(B) that will proceed initially through a large-scale
pilot project for which front-end engineering will be
performed for bituminous, subbituminous, and lignite coals;
and
``(C) through which each use of coal will be combined with
the use of a regionally indigenous form of biomass energy,
provided on a renewable basis, that is sufficient in quantity
to allow for net-negative emissions of carbon dioxide (in
combination with a carbon capture system), while avoiding
impacts on food production activities.
``(3) Program.--The term `program' means the program
established under subsection (b)(1).
``(4) Transformational technology.--
``(A) In general.--The term `transformational technology'
means a power generation technology that represents an
entirely new way to convert energy that will enable a step
change in performance, efficiency, and cost of electricity as
compared to the technology in existence on the date of
enactment of this section.
``(B) Inclusions.--The term `transformational technology'
includes a broad range of technology improvements,
including--
``(i) thermodynamic improvements in energy conversion and
heat transfer, including--
``(I) oxygen combustion;
``(II) chemical looping; and
``(III) the replacement of steam cycles with supercritical
carbon dioxide cycles;
``(ii) improvements in turbine technology;
``(iii) improvements in carbon capture systems technology;
and
``(iv) any other technology the Secretary recognizes as
transformational technology.
``(b) Coal Technology Program.--
``(1) In general.--The Secretary shall establish a coal
technology program to ensure the continued use of the
abundant, domestic coal resources of the United States
through the development of technologies that will
significantly improve the efficiency, effectiveness, costs,
and environmental performance of coal use.
``(2) Requirements.--The program shall include--
``(A) a research and development program;
``(B) large-scale pilot projects;
``(C) demonstration projects; and
``(D) net-negative carbon dioxide emissions projects.
``(3) Program goals and objectives.--In consultation with
the interested entities described in paragraph (4)(C), the
Secretary shall develop goals and objectives for the program
to be applied to the technologies developed within the
program, taking into consideration the following objectives:
``(A) Ensure reliable, low-cost power from new and existing
coal plants.
``(B) Achieve high conversion efficiencies.
``(C) Address emissions of carbon dioxide through high-
efficiency platforms and carbon capture from new and existing
coal plants.
``(D) Support small-scale and modular technologies to
enable incremental capacity additions and load growth and
large-scale generation technologies.
``(E) Support flexible baseload operations for new and
existing applications of coal generation.
``(F) Further reduce emissions of criteria pollutants and
reduce the use and manage the discharge of water in power
plant operations.
``(G) Accelerate the development of technologies that have
transformational energy conversion characteristics.
``(H) Validate geological storage of large volumes of
anthropogenic sources of carbon dioxide and support the
development of the infrastructure needed to support a carbon
dioxide use and storage industry.
``(I) Examine methods of converting coal to other valuable
products and commodities in addition to electricity.
``(4) Consultations required.--In carrying out the program,
the Secretary shall--
``(A) undertake international collaborations, as
recommended by the National Coal Council;
``(B) use existing authorities to encourage international
cooperation; and
``(C) consult with interested entities, including--
``(i) coal producers;
``(ii) industries that use coal;
``(iii) organizations that promote coal and advanced coal
technologies;
``(iv) environmental organizations;
``(v) organizations representing workers; and
``(vi) organizations representing consumers.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall submit to
Congress a report describing the performance standards
adopted under subsection (b)(3).
``(2) Update.--Not less frequently than once every 2 years
after the initial report is submitted under paragraph (1),
the Secretary shall submit to Congress a report describing
the progress made towards achieving the objectives and
performance standards adopted under subsection (b)(3).
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section, to remain available until expended--
``(A) for activities under the research and development
program component described in subsection (b)(2)(A)--
``(i) $275,000,000 for each of fiscal years 2017 through
2020; and
``(ii) $200,000,000 for fiscal year 2021;
``(B) for activities under the demonstration projects
program component described in subsection (b)(2)(C)--
``(i) $50,000,000 for each of fiscal years 2017 through
2020; and
``(ii) $75,000,000 for fiscal year 2021;
``(C) subject to paragraph (2), for activities under the
large-scale pilot projects program component described in
subsection (b)(2)(B), $285,000,000 for each of fiscal years
2017 through 2021; and
``(D) for activities under the net-negative carbon dioxide
emissions projects program component described in subsection
(b)(2)(D), $22,000,000 for each of fiscal years 2017 through
2021.
``(2) Cost sharing for large-scale pilot projects.--
Activities under subsection (b)(2)(B) shall be subject to the
cost-sharing requirements of section 988(b).''.
SEC. 3404. REPORT ON PRICE STABILIZATION SUPPORT.
(a) Definition of Electric Generation Unit.--In this
section, the term ``electric generation unit'' means an
electric generation unit that--
(1) uses coal-based generation technology; and
(2) is capable of capturing carbon dioxide emissions from
the unit.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall prepare and submit
to the appropriate committees of Congress a report--
(1) on the benefits and costs of entering into long-term
binding contracts on behalf of the Federal Government with
qualified parties to provide price stabilization support for
certain industrial sources for capturing carbon dioxide from
electricity generated at an electric generation unit or
carbon dioxide captured from an electric generation unit and
sold to a purchaser for--
(A) the recovery of crude oil; or
(B) other purposes for which a commercial market exists;
and
(2) that--
(A) contains an analysis of how the Department would
establish, implement, and maintain a contracting program
described in paragraph (1); and
(B) outlines options for how price stabilization contracts
may be structured and regulations that would be necessary to
implement a contracting program described in paragraph (1).
[[Page S2246]]
Subtitle F--Nuclear
SEC. 3501. NUCLEAR ENERGY INNOVATION CAPABILITIES.
(a) Definitions.--In this section:
(1) Advanced fission reactor.--The term ``advanced fission
reactor'' means a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
reactors, including improvements such as--
(A) inherent safety features;
(B) lower waste yields;
(C) greater fuel utilization;
(D) superior reliability;
(E) resistance to proliferation;
(F) increased thermal efficiency; and
(G) ability to integrate into electric and nonelectric
applications.
(2) Fast neutron.--The term ``fast neutron'' means a
neutron with kinetic energy above 100 kiloelectron volts.
(3) National laboratory.--
(A) In general.--Except as provided in subparagraph (B),
the term ``National Laboratory'' has the meaning given the
term in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801).
(B) Limitation.--With respect to the Lawrence Livermore
National Laboratory, the Los Alamos National Laboratory, and
the Sandia National Laboratories, the term ``National
Laboratory'' means only the civilian activities of the
laboratory.
(4) Neutron flux.--The term ``neutron flux'' means the
intensity of neutron radiation measured as a rate of flow of
neutrons applied over an area.
(5) Neutron source.--The term ``neutron source'' means a
research machine that provides neutron irradiation services
for--
(A) research on materials sciences and nuclear physics; and
(B) testing of advanced materials, nuclear fuels, and other
related components for reactor systems.
(b) Mission.--Section 951 of the Energy Policy Act of 2005
(42 U.S.C. 16271) is amended by striking subsection (a) and
inserting the following:
``(a) In General.--The Secretary shall conduct programs of
civilian nuclear research, development, demonstration, and
commercial application, including activities described in
this subtitle, that take into consideration the following
objectives:
``(1) Providing research infrastructure--
``(A) to promote scientific progress; and
``(B) to enable users from academia, the National
Laboratories, and the private sector to make scientific
discoveries relevant for nuclear, chemical, and materials
science engineering.
``(2) Maintaining nuclear energy research and development
programs at the National Laboratories and institutions of
higher education, including programs of infrastructure of
National Laboratories and institutions of higher education.
``(3) Providing the technical means to reduce the
likelihood of nuclear weapons proliferation.
``(4) Ensuring public safety.
``(5) Reducing the environmental impact of nuclear energy-
related activities.
``(6) Supporting technology transfer from the National
Laboratories to the private sector.
``(7) Enabling the private sector to partner with the
National Laboratories to demonstrate novel reactor concepts
for the purpose of resolving technical uncertainty associated
with the objectives described in this subsection.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) nuclear energy, through fission or fusion, represents
the highest energy density of any known attainable source and
yields low air emissions; and
(2) considering the inherent complexity and regulatory
burden associated with nuclear energy, the Department should
focus civilian nuclear research and development activities of
the Department on programs that enable the private sector,
National Laboratories, and institutions of higher education
to carry out experiments to promote scientific progress and
enhance practical knowledge of nuclear engineering.
(d) High-performance Computation and Supportive Research.--
(1) Modeling and simulation program.--
(A) In general.--The Secretary shall carry out a program to
enhance the capabilities of the United States to develop new
reactor technologies and related systems technologies through
high-performance computation modeling and simulation
techniques (referred to in this paragraph as the
``program'').
(B) Coordination required.--In carrying out the program,
the Secretary shall coordinate with relevant Federal agencies
through the National Strategic Computing Initiative
established by Executive Order 13702 (80 Fed. Reg. 46177)
(July 29, 2015).
(C) Objectives.--In carrying out the program, the Secretary
shall take into consideration the following objectives:
(i) Using expertise from the private sector, institutions
of higher education, and National Laboratories to develop
computational software and capabilities that prospective
users may access to accelerate research and development of
advanced fission reactor systems, nuclear fusion systems, and
reactor systems for space exploration.
(ii) Developing computational tools to simulate and predict
nuclear phenomena that may be validated through physical
experimentation.
(iii) Increasing the utility of the research infrastructure
of the Department by coordinating with the Advanced
Scientific Computing Research program of the Office of
Science.
(iv) Leveraging experience from the Energy Innovation Hub
for Modeling and Simulation.
(v) Ensuring that new experimental and computational tools
are accessible to relevant research communities, including
private companies engaged in nuclear energy technology
development.
(2) Supportive research activities.--The Secretary shall
consider support for additional research activities to
maximize the utility of the research facilities of the
Department, including research--
(A) on physical processes to simulate degradation of
materials and behavior of fuel forms; and
(B) for validation of computational tools.
(e) Versatile Neutron Source.--
(1) Determination of mission need.--
(A) In general.--Not later than December 31, 2016, the
Secretary shall determine the mission need for a versatile
reactor-based fast neutron source, which shall operate as a
national user facility (referred to in this subsection as the
``user facility'').
(B) Consultation required.--In carrying out subparagraph
(A), the Secretary shall consult with the private sector,
institutions of higher education, the National Laboratories,
and relevant Federal agencies to ensure that the user
facility will meet the research needs of the largest possible
majority of prospective users.
(2) Plan for establishment.--On the determination of the
mission need under paragraph (1), the Secretary, as
expeditiously as practicable, shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a detailed plan for the establishment of the
user facility (referred to in this section as the ``plan'').
(3) Deadline for establishment.--The Secretary shall make
every effort to complete construction of, and approve the
start of operations for, the user facility by December 31,
2025.
(4) Facility requirements.--
(A) Capabilities.--The Secretary shall ensure that the user
facility shall provide, at a minimum--
(i) fast neutron spectrum irradiation capability; and
(ii) capacity for upgrades to accommodate new or expanded
research needs.
(B) Considerations.--In carrying out the plan, the
Secretary shall consider--
(i) capabilities that support experimental high-temperature
testing;
(ii) providing a source of fast neutrons--
(I) at a neutron flux that is higher than the neutron flux
at which research facilities operate before establishment of
the user facility; and
(II) sufficient to enable research for an optimal base of
prospective users;
(iii) maximizing irradiation flexibility and irradiation
volume to accommodate as many concurrent users as possible;
(iv) capabilities for irradiation with neutrons of a lower
energy spectrum;
(v) multiple loops for fuels and materials testing in
different coolants; and
(vi) additional pre-irradiation and post-irradiation
examination capabilities.
(5) Coordination.--In carrying out this subsection, the
Secretary shall leverage the best practices of the Office of
Science for the management, construction, and operation of
national user facilities.
(6) Report.--The Secretary shall include in the annual
budget request of the Department an explanation for any delay
in carrying out this subsection.
(f) Enabling Nuclear Energy Innovation.--
(1) Establishment of national nuclear innovation center.--
The Secretary may enter into a memorandum of understanding
with the Chairman of the Nuclear Regulatory Commission to
establish a center to be known as the ``National Nuclear
Innovation Center'' (referred to in this subsection as the
``Center'')--
(A) to enable the testing and demonstration of reactor
concepts to be proposed and funded, in whole or in part, by
the private sector;
(B) to establish and operate a database to store and share
data and knowledge on nuclear science between Federal
agencies and private industry; and
(C) to establish capabilities to develop and test reactor
electric and nonelectric integration and energy conversion
systems.
(2) Role of nrc.--In operating the Center, the Secretary
shall--
(A) consult with the Nuclear Regulatory Commission on
safety issues; and
(B) permit staff of the Nuclear Regulatory Commission to
actively observe and learn about the technology being
developed at the Center.
(3) Objectives.--A reactor developed under paragraph (1)(A)
shall have the following objectives:
(A) Enabling physical validation of fusion and advanced
fission experimental reactors at the National Laboratories or
other facilities of the Department.
(B) Resolving technical uncertainty and increase practical
knowledge relevant to safety, resilience, security, and
functionality of novel reactor concepts.
[[Page S2247]]
(C) Conducting general research and development to improve
novel reactor technologies.
(4) Use of technical expertise.--In operating the Center,
the Secretary shall leverage the technical expertise of
relevant Federal agencies and National Laboratories--
(A) to minimize the time required to carry out paragraph
(3); and
(B) to ensure reasonable safety for individuals working at
the National Laboratories or other facilities of the
Department to carry out that paragraph.
(5) Reporting requirement.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the National Laboratories, relevant Federal agencies, and
other stakeholders, shall submit to the Committee on Energy
and Natural Resources and the Committee on Environment and
Public Works of the Senate and the Committee on Science,
Space, and Technology and the Committee on Energy and
Commerce of the House of Representatives a report assessing
the capabilities of the Department to authorize, host, and
oversee privately proposed and funded reactors (as described
in paragraph (1)(A)).
(B) Contents.--The report shall address--
(i) the safety review and oversight capabilities of the
Department, including options to leverage expertise from the
Nuclear Regulatory Commission and the National Laboratories;
(ii) potential sites capable of hosting the activities
described in paragraph (1);
(iii) the efficacy of the available contractual mechanisms
of the Department to partner with the private sector and
other Federal agencies, including cooperative research and
development agreements, strategic partnership projects, and
agreements for commercializing technology;
(iv) how the Federal Government and the private sector will
address potential intellectual property concerns;
(v) potential cost structures relating to physical
security, decommissioning, liability, and other long term
project costs; and
(vi) other challenges or considerations identified by the
Secretary.
(g) Budget Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives 3 alternative 10-year budget plans for
civilian nuclear energy research and development by the
Department in accordance with paragraph (2).
(2) Description of plans.--
(A) In general.--The 3 alternative 10-year budget plans
submitted under paragraph (1) shall be the following:
(i) A plan that assumes constant annual funding at the
level of appropriations for fiscal year 2016 for the civilian
nuclear energy research and development of the Department,
particularly for programs critical to advanced nuclear
projects and development.
(ii) A plan that assumes 2 percent annual increases to the
level of appropriations described in clause (i).
(iii) A plan that uses an unconstrained budget.
(B) Inclusions.--Each plan shall include--
(i) a prioritized list of the programs, projects, and
activities of the Department that best support the
development, licensing, and deployment of advanced nuclear
energy technologies;
(ii) realistic budget requirements for the Department to
carry out subsections (d), (e), and (f); and
(iii) the justification of the Department for continuing or
terminating existing civilian nuclear energy research and
development programs.
(h) Nuclear Regulatory Commission Report.--Not later than
December 31, 2016, the Chairman of the Nuclear Regulatory
Commission shall submit to the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate and the Committee on Science, Space, and
Technology and the Committee on Energy and Commerce of the
House of Representatives a report describing--
(1) the extent to which the Nuclear Regulatory Commission
is capable of licensing advanced reactor designs that are
developed pursuant to this section by the end of the 4-year
period beginning on the date on which an application is
received under part 50 or 52 of title 10, Code of Federal
Regulations (or successor regulations); and
(2) any organizational or institutional barriers the
Nuclear Regulatory Commission will need to overcome to be
able to license the advanced reactor designs that are
developed pursuant to this section by the end of the 4-year
period described in paragraph (1).
SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT.
Section 642(b) of the Energy Policy Act of 2005 (42 U.S.C.
16022(b)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
Subtitle G--Workforce Development
SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish the 21st
Century Energy Workforce Advisory Board (referred to in this
section as the ``Board''), to develop a strategy for the
support and development of a skilled energy workforce that--
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and clean energy
sector jobs;
(3) aligns apprenticeship programs and workforce
development programs to provide industry recognized
certifications and credentials;
(4) encourages leaders in the education system of the
United States to equip students with the skills, mentorships,
training, and technical expertise necessary to fill the
employment opportunities vital to managing and operating the
energy- and manufacturing-related industries of the United
States;
(5) appropriately supports other Federal agencies;
(6) strengthens and more fully engages workforce training
programs of the Department and the National Laboratories in
carrying out the Minorities in Energy Initiative of the
Department and other Department workforce priorities;
(7) supports the design and replication of existing model
energy curricula, particularly in new and emerging
technologies, that leads to industry-wide credentials;
(8) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(9) makes a Department priority to provide education and
job training to underrepresented groups, including ethnic
minorities, Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), women, veterans, and socioeconomically
disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of 9 members,
with the initial members of the Board to be appointed by the
Secretary not later than 1 year after the date of enactment
of this Act.
(2) Nominations.--Not later than 1 year after the date of
enactment of this Act, the President's Council of Advisors on
Science and Technology shall nominate for appointment to the
Board under paragraph (1) not less than 18 individuals who
meet the qualifications described in paragraph (3).
(3) Qualifications.--Each individual nominated for
appointment to the Board under paragraph (1) shall--
(A) be eminent in the field of economics or workforce
development;
(B) have expertise in relevant traditional energy
industries and clean energy industries;
(C) have expertise in secondary and postsecondary
education;
(D) have expertise in energy workforce development or
apprentice programs of States and units of local government;
(E) have expertise in relevant organized labor
organizations; or
(F) have expertise in bringing underrepresented groups,
including ethnic minorities, women, veterans, and
socioeconomically disadvantaged individuals, into the
workforce.
(4) Representation.--The membership of the Board shall be
representative of the broad range of the energy industry,
labor organizations, workforce development, education,
minority participation, cybersecurity, and economics
disciplines related to activities carried out under this
section.
(5) Limitation.--No individual shall be nominated for
appointment to the Board who is an employee of an entity
applying for a grant under section 3602.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to more
effectively and efficiently use the capabilities of the
Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work with
other relevant Federal agencies, States, units of local
government, educational institutions, labor, and industry in
the development of a skilled energy workforce;
(C) identify ways in which the Department and National
Laboratories can--
(i) increase outreach to minority-serving institutions; and
(ii) make resources available to increase the number of
skilled minorities and women trained to go into the energy-
and manufacturing-related sectors;
(D) identify ways in which the Department and National
Laboratories can--
(i) increase outreach to displaced and unemployed energy
sector workers; and
(ii) make resources available to provide training to
displaced and unemployed energy sector workers to reenter the
energy workforce; and
(E) identify the energy sectors in greatest need of
workforce training and develop guidelines for the skills
necessary to develop a workforce trained to work in those
energy sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the
effectiveness of--
(A) existing Department directed support; and
(B) developing energy workforce training programs.
(3) Report.--Not later than 1 year after the date on which
the Board is established under this section, and each year
thereafter, the Board shall submit to the Secretary and
[[Page S2248]]
Congress, and make public, a report containing the findings
of the Board and model energy curricula with respect to the
strategy required to be developed under subsection (a).
(d) Report by Secretary.--Not later than 18 months after
the date on which the Board is established under this
section, the Secretary shall submit to the Committees on
Appropriations of Senate and the House of Representatives,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives a report that--
(1) describes whether the Secretary approves or disapproves
the recommendations of the Board under subsection (c)(3); and
(2) provides an implementation plan for recommendations
approved by the Board under paragraph (1).
(e) Clearinghouse.--Based on the recommendations of the
Board, the Secretary shall establish a clearinghouse--
(1) to maintain and update information and resources on
training and workforce development programs for energy- and
manufacturing-related jobs; and
(2) to act as a resource, and provide guidance, for
secondary schools, institutions of higher education
(including community colleges and minority-serving
institutions), workforce development organizations, labor
management organizations, and industry organizations that
would like to develop and implement energy- and
manufacturing-related training programs.
(f) Outreach to Minority-serving Institutions.--In
developing the strategy under subsection (a), the Board
shall--
(1) give special consideration to increasing outreach to
minority-serving institutions (including historically black
colleges and universities, predominantly black institutions,
Hispanic serving institutions, and tribal institutions);
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained to go into the energy
and manufacturing sectors; and
(3) encourage industry to improve the opportunities for
students of minority-serving institutions to participate in
industry internships and cooperative work-study programs.
(g) Sunset.--The Board established under this section shall
remain in effect until September 30, 2020.
SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Labor and the Secretary of Education, shall
establish a pilot program to award grants on a competitive
basis to eligible entities for job training programs that
lead to an industry-recognized credential.
(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall be a public or nonprofit
organization or a consortium of public or nonprofit
organizations that--
(1) includes an advisory board of proportional
participation, as determined by the Secretary, of relevant
organizations, including--
(A) relevant energy industry organizations, including
public and private employers;
(B) labor organizations;
(C) postsecondary education organizations; and
(D) workforce development boards;
(2) demonstrates experience in implementing and operating
job training and education programs;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs; and
(4) provides students who complete the job training and
education program with an industry-recognized credential.
(c) Applications.--Eligible entities desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(d) Priority.--In selecting eligible entities to receive
grants under this section, the Secretary shall prioritize
applicants that--
(1) house the job training and education programs in--
(A) a community college or institution of higher education
that includes basic science and math education in the
curriculum of the community college, institution of higher
education; or
(B) an apprenticeship program registered with the
Department of Labor or a State (as defined in 202 of the
Energy Conservation and Production Act (42 U.S.C. 6802))
(referred to in this section as the ``State'');
(2) work with the Secretary of Defense and the Secretary of
Veterans Affairs or veteran service organizations recognized
by the Secretary of Veterans Affairs under section 5902 of
title 38, United States Code, to transition members of the
Armed Forces and veterans to careers in the energy sector;
(3) work with Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), tribal organizations (as defined in section
3765 of title 38, United States Code), and Native American
veterans (as defined in section 3765 of title 38, United
States Code), including veterans who are a descendant of an
Alaska Native (as defined in section 3(r) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(r));
(4) apply as a State or regional consortia to leverage best
practices already available in the State or region in which
the community college or institution of higher education is
located;
(5) have a State-supported entity included in the
consortium applying for the grant;
(6) include an apprenticeship program registered with the
Department of Labor or a State as part of the job training
and education program;
(7) provide support services and career coaching;
(8) provide introductory energy workforce development
training;
(9) work with minority-serving institutions to provide job
training to increase the number of skilled minorities and
women in the energy sector;
(10) provide job training for displaced and unemployed
workers in the energy sector;
(11) establish a community college or 2-year technical
college-based ``Center of Excellence'' for an energy and
maritime workforce technical training program; or
(12) are located in close proximity to marine or port
facilities in the Gulf of Mexico, Atlantic Ocean, Pacific
Ocean, Arctic Ocean, Bering Sea, Gulf of Alaska, or Great
Lakes.
(e) Additional Consideration.--In making grants under this
section, the Secretary shall consider regional diversity.
(f) Limitation on Applications.--An eligible entity may not
submit, either individually or as part of a joint
application, more than 1 application for a grant under this
section during any 1 fiscal year.
(g) Limitations on Amount of Grant.--The amount of an
individual grant for any 1 year shall not exceed $1,000,000.
(h) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a job
training and education program carried out using a grant
under this section shall be not greater than 65 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost of a job
training and education program carried out using a grant
under this section shall consist of not less than 50 percent
cash.
(B) Limitation.--Not greater than 50 percent of the non-
Federal contribution of the total cost of a job training and
education program carried out using a grant under this
section shall be in the form of in-kind contributions of
goods or services fairly valued.
(i) Reduction of Duplication.--Prior to submitting an
application for a grant under this section, each applicant
shall consult with the appropriate agencies of the Federal
Government and coordinate the proposed activities of the
applicant with existing State and local programs.
(j) Direct Assistance.--In awarding grants under this
section, the Secretary shall provide direct assistance
(including technical expertise, wraparound services, career
coaching, mentorships, internships, and partnerships) to
entities that receive a grant under this section.
(k) Technical Assistance.--The Secretary shall provide
technical assistance and capacity building to national and
State energy partnerships, including the entities described
in subsection (b)(1), to leverage the existing job training
and education programs of the Department.
(l) Report.--The Secretary shall submit to Congress and
make publicly available on the website of the Department an
annual report on the program established under this section,
including a description of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government;
(4) the rate of employment for participants after
completing a job training and education program carried out
using a grant; and
(5) an assessment of the results achieved by the program.
(m) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2017 through 2020.
Subtitle H--Recycling
SEC. 3701. RECYCLED CARBON FIBER.
(a) Study.--
(1) In general.--The Secretary shall conduct a study on--
(A) the technology of recycled carbon fiber and production
waste carbon fiber; and
(B) the potential lifecycle energy savings and economic
impact of recycled carbon fiber.
(2) Factors for consideration.--In conducting the study
under paragraph (1), the Secretary shall consider--
(A) the quantity of recycled carbon fiber or production
waste carbon fiber that would make the use of recycled carbon
fiber or production waste carbon fiber economically viable;
(B) any existing or potential barriers to recycling carbon
fiber or using recycled carbon fiber;
(C) any financial incentives that may be necessary for the
development of recycled carbon fiber or production waste
carbon fiber;
(D) the potential lifecycle savings in energy from
producing recycled carbon fiber, as compared to producing new
carbon fiber;
(E) the best and highest use for recycled carbon fiber;
(F) the potential reduction in carbon dioxide emissions
from producing recycled carbon fiber, as compared to
producing new carbon fiber;
[[Page S2249]]
(G) any economic benefits gained from using recycled carbon
fiber or production waste carbon fiber;
(H) workforce training and skills needed to address labor
demands in the development of recycled carbon fiber or
production waste carbon fiber; and
(I) how the Department can leverage existing efforts in the
industry on the use of production waste carbon fiber.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
paragraph (1).
(b) Recycled Carbon Fiber Demonstration Project.--On
completion of the study required under subsection (a)(1), the
Secretary shall consult with the aviation and automotive
industries and existing programs of the Advanced
Manufacturing Office of the Department to develop a carbon
fiber recycling demonstration project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000, to remain available until expended.
SEC. 3702. ENERGY GENERATION AND REGULATORY RELIEF STUDY
REGARDING RECOVERY AND CONVERSION OF
NONRECYCLED MIXED PLASTICS.
(a) Definitions.--In this section:
(1) Engineered fuel.--The term ``engineered fuel'' means a
solid fuel that is manufactured from nonrecycled constituents
of municipal solid waste or other secondary materials.
(2) Gasification.--The term ``gasification'' means a
process through which nonrecycled waste is heated and
converted to synthesis gas in an oxygen-deficient atmosphere,
which can be converted into fuels such as ethanol or other
chemical feedstocks.
(3) Pyrolysis.--The term ``pyrolysis'' means a process
through which nonrecycled plastics are heated in the absence
of oxygen until melted and thermally decomposed, and are then
cooled, condensed, and converted into synthetic crude oil or
refined into synthetic fuels and feedstocks such as diesel or
naphtha.
(b) Study.--With respect to nonrecycled mixed plastics that
are part of municipal solid waste or other secondary
materials in the United States (and are often deposited in
landfills), the Secretary shall conduct a study to determine
the manner in which the United States can make progress
toward a cost-effective system (including with respect to
environmental issues) through which pyrolysis, gasification,
and other innovative technologies such as engineered fuels
are used to convert such plastics, alone or in combination
with other municipal solid waste or secondary materials, into
materials that can be used to generate electric energy or
fuels or as chemical feedstocks.
(c) Completion of Study.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall complete
the study described in subsection (b) and submit to the
appropriate committees of Congress reports providing findings
and recommendations developed through the study.
(d) Funding.--The Secretary may use unobligated funds of
the Department to carry out this section.
SEC. 3703. ELIGIBLE PROJECTS.
Section 1703(b)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)(1)) is amended by inserting ``(excluding the
burning of commonly recycled paper that has been segregated
from solid waste to generate electricity)'' after
``systems''.
SEC. 3704. PROMOTING USE OF RECLAIMED REFRIGERANTS IN FEDERAL
FACILITIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of General Services
shall issue guidance relating to the procurement of reclaimed
refrigerants to service existing equipment of Federal
facilities.
(b) Preference.--The guidance issued under subsection (a)
shall give preference to the use of reclaimed refrigerants,
on the conditions that--
(1) the refrigerant has been reclaimed by a person or
entity that is certified under the laboratory certification
program of the Air Conditioning, Heating, and Refrigeration
Institute; and
(2) the price of the reclaimed refrigerant does not exceed
the price of a newly manufactured (virgin) refrigerant.
Subtitle I--Thermal Energy
SEC. 3801. MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO
INCLUDE THERMAL ENERGY.
(a) In General.--Section 203 of the Energy Policy Act of
2005 (42 U.S.C. 15852) (as amended by section 3001(b)) is
amended--
(1) in subsection (a), by inserting ``a number equivalent
to'' before ``the total amount of electric energy'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Qualified waste heat resource.--The term `qualified
waste heat resource' means--
``(A) exhaust heat or flared gas from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
``(C) a pressure drop in any gas for an industrial or
commercial process; or
``(D) such other forms of waste heat as the Secretary
determines appropriate.''; and
(C) in paragraph (3) (as redesignated by subparagraph
(A))--
(i) by striking ``produced from'' and inserting ``produced
or, if resulting from a thermal energy project placed in
service after December 31, 2014, thermal energy generated
from, or avoided by,''; and
(ii) by inserting ``qualified waste heat resource,'' after
``municipal solid waste,''; and
(3) in subsection (c)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(C) by adding at the end the following:
``(2) Separate calculation.--
``(A) In general.--For purposes of determining compliance
with the requirements of this section, any energy consumption
that is avoided through the use of renewable energy shall be
considered to be renewable energy produced.
``(B) Denial of double benefit.--Avoided energy consumption
that is considered to be renewable energy produced under
subparagraph (A) shall not also be counted for purposes of
achieving compliance with another Federal energy efficiency
goal.''.
(b) Conforming Amendment.--Section 2410q(a) of title 10,
United States Code, is amended by striking ``section
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b)(2))'' and inserting ``section 203(b) of the Energy
Policy Act of 2005 (42 U.S.C. 15852(b))''.
TITLE IV--ACCOUNTABILITY
Subtitle A--Loan Programs
SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR INNOVATIVE
TECHNOLOGIES.
(a) Borrower Payment of Subsidy Cost.--
(1) In general.--Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended by adding at the end the
following:
``(l) Borrower Payment of Subsidy Cost.--
``(1) In general.--In addition to the requirement in
subsection (b)(1), no guarantee shall be made unless the
Secretary has received from the borrower not less than 25
percent of the cost of the guarantee.
``(2) Estimate.--The Secretary shall provide to the
borrower, as soon as practicable, an estimate or range of the
cost of the guarantee under paragraph (1).''.
(2) Conforming amendment.--Section 1702(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(b)) is amended--
(A) by striking ``(1) In general.--No guarantee'' and
inserting the following: ``Subject to subsection (l), no
guarantee'';
(B) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and indenting
appropriately; and
(C) in paragraph (3) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``subparagraph (B)'' and inserting
``paragraph (2)''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on October 1, 2019.
(b) Prohibition on Subordination of Debt.--Section
1702(d)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16512(d)(3)) is amended by striking ``is not subordinate''
and inserting ``(including any reorganization, restructuring,
or termination of the obligation) shall not at any time be
subordinate''.
(c) Loan Program Transparency.--Section 1703 of the Energy
Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at
the end the following:
``(f) Loan Status.--
``(1) Request.--If the Secretary does not make a final
decision on an application for a loan guarantee under this
section by the date that is 270 days after receipt of the
application by the Secretary, on that date and every 90 days
thereafter until the final decision is made, the applicant
may request that the Secretary provide to the applicant a
description of the status of the application.
``(2) Response.--Not later than 10 days after receiving a
request from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes--
``(A) a summary of any factors that are delaying a final
decision on the application; and
``(B) an estimate of when review of the application will be
completed.''.
(d) Temporary Program for Rapid Deployment of Renewable
Energy and Electric Power Transmission Projects.--
(1) Repeal.--Section 1705 of the Energy Policy Act of 2005
(42 U.S.C. 16516) is repealed.
(2) Rescission.--There is rescinded the unobligated balance
of amounts made available to carry out the loan guarantee
program established under section 1705 of the Energy Policy
Act of 2005 (42 U.S.C. 16516) (before the amendment made by
paragraph (1)).
(3) Management.--The Secretary shall ensure rigorous
continued management and oversight of all outstanding loans
guaranteed under the program described in subsection (b)
until those loans have been repaid in full.
[[Page S2250]]
SEC. 4002. STATE LOAN ELIGIBILITY.
(a) Definitions.--Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
``(6) State.--The term `State' has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an entity
within a State agency or financing authority established by a
State--
``(i) to provide financing support or credit enhancements,
including loan guarantees and loan loss reserves, for
eligible projects; and
``(ii) to create liquid markets for eligible projects,
including warehousing and securitization, or take other steps
to reduce financial barriers to the deployment of existing
and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization established
to achieve the purposes described in clauses (i) and (ii) of
subparagraph (A) by an Indian tribal entity or an Alaska
Native Corporation.''.
(b) Terms and Conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) (as amended by section
4001(a)(1)) is amended--
(1) in subsection (a), by inserting ``or to a State energy
financing institution'' after ``for projects''; and
(2) by adding at the end the following:
``(m) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under
this title, a State energy financing institution--
``(A) shall meet the requirements of section 1703(a)(1);
and
``(B) shall not be required to meet the requirements of
section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with
private entities, tribal entities, and Alaska Native
corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department of Energy before the date of
enactment of this subsection shall not be available to be
used for the cost of loan guarantees made to State energy
financing institutions under this subsection.''.
SEC. 4003. GAO STUDY ON FOSSIL LOAN GUARANTEE INCENTIVE
PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall carry out, and submit to Congress a report
describing the results of, a study on the effectiveness of
the advanced fossil loan guarantee incentive program and
other incentive programs for advanced fossil energy of the
Department.
(b) Contents.--In carrying out the study under subsection
(a), the Comptroller General of the United States shall--
(1) solicit industry and stakeholder input;
(2) evaluate the effectiveness of the advanced fossil loan
guarantee incentive program, alone or in combination with
other incentives, in advancing carbon capture and storage
technology;
(3) review each Federal incentive provided by the
Department and other Federal agencies for carbon capture and
storage demonstration projects to determine the adequacy and
effectiveness of the combined Federal incentives in advancing
carbon capture and storage and advanced fossil energy
technologies;
(4) assess whether combinations of the incentive programs
in existence as of the date of enactment of this Act could be
effective to advance carbon capture and storage and advanced
fossil energy technologies; and
(5) evaluate the impact and costs of implementing the
recommendations described in the January 2015 National Coal
Council report entitled ``Fossil Forward: Revitalizing CCS,
Bringing Scale and Speed to CCS Deployment'' on the
effectiveness of the advanced fossil loan guarantee program.
SEC. 4004. PROGRAM ELIGIBILITY FOR VESSELS.
Subtitle B of title I of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by
adding at the end the following:
``SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM ELIGIBILITY FOR VESSELS.
``(a) Definition of Vessel.--In this section, the term
`vessel' means a vessel (as defined in section 3 of title 1,
United States Code), whether in existence or under
construction, that has been issued a certificate of
documentation as a United States flagged vessel under chapter
121 of title 46, United States Code and that meets the
standards established under section 4005(a) of the Energy
Policy Modernization Act of 2016.
``(b) Eligibility.--Subject to the terms and conditions of
subsections (d) and (f) of section 136, projects for the
reequipping, expanding, or establishing of a manufacturing
facility in the United States to produce vessels shall be
considered eligible for direct loans under section 136(d).
``(c) Funding.--
``(1) Prohibition on use of existing credit subsidy.--None
of the projects made eligible under this section shall be
eligible to receive any credit subsidy provided under section
136 before the date of enactment of this section.
``(2) Specific appropriation or contribution.--The
authority under this section to incur indebtedness, or enter
into contracts, obligating amounts to be expended by the
Federal Government shall be effective for any fiscal year
only--
``(A)(i) to such extent or in such amounts as are provided
in advance by appropriation Acts; and
``(ii) if the borrower has agreed to pay a reasonable
percentage of the cost of the obligation; or
``(B) if the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.''.
SEC. 4005. ADDITIONAL REFORMS.
(a) Issuance of Rule.--Not later than 180 days after the
date of enactment of this Act and after consultation with,
and taking into account comments from, the vessel industry,
the Secretary shall issue a rule that specifies which energy
efficiency improvement standards shall apply to applicants
for loans under section 137 of the Energy Independence and
Security Act of 2007 (as added by section 4004) for the
manufacturing, retrofitting, or repowering vessels that have
been issued certificates of documentation as United States
flagged vessels under chapter 121 of title 46, United States
Code.
(b) Fees.--Section 136 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17013) is amended by striking
subsection (f) and inserting the following:
``(f) Fees.--
``(1) In general.--The Secretary shall charge and collect
fees for loans provided under this section in amounts that
the Secretary determines are sufficient to cover applicable
administrative expenses associated with the loans, including
reasonable closing fees on the loans.
``(2) Availability.--Fees collected under paragraph (1)
shall--
``(A) be deposited by the Secretary into the Treasury; and
``(B) remain available until expended, subject to such
other conditions as are contained in annual appropriations
Acts.''.
SEC. 4006. DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION
PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.
Section 2602(b)(6) of the Energy Policy Act of 1992 (25
U.S.C. 3502(b)(6)) is amended by striking ``2016'' and
inserting ``2026''.
Subtitle B--Energy-Water Nexus
SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAINABILITY.
(a) Definitions.--In this section:
(1) Energy-water nexus.--The term ``energy-water nexus''
means the links between--
(A) the water needed to produce fuels, electricity, and
other forms of energy; and
(B) the energy needed to transport, reclaim, and treat
water and wastewater.
(2) Interagency coordination committee.--The term
``Interagency Coordination Committee'' means the Committee on
the Nexus of Energy and Water for Sustainability (or the
``NEWS Committee'') established under subsection (b)(1).
(3) Nexus of energy and water sustainability office; news
office.--The term ``Nexus of Energy and Water Sustainability
Office'' or the ``NEWS Office'' means an office located at
the Department and managed in cooperation with the Department
of the Interior pursuant to an agreement between the 2
agencies to carry out leadership and administrative functions
for the Interagency Coordination Committee.
(4) RD&D activities.--The term ``RD&D activities'' means
research, development, and demonstration activities.
(b) Interagency Coordination Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary and the Secretary of
the Interior shall establish the joint NEWS Office and
Interagency Coordination Committee on the Nexus of Energy and
Water for Sustainability (or the ``NEWS Committee'') to carry
out the duties described in paragraph (3).
(2) Administration.--
(A) Chairs.--The Secretary and the Secretary of the
Interior shall jointly manage the NEWS Office and serve as
co-chairs of the Interagency Coordination Committee.
(B) Membership; staffing.--Membership and staffing shall be
determined by the co-chairs.
(3) Duties.--The Interagency Coordination Committee shall--
(A) serve as a forum for developing common Federal goals
and plans on energy-water nexus RD&D activities in
coordination with the National Science and Technology
Council;
(B) not later than 1 year after the date of enactment of
this Act, and biannually thereafter, issue a strategic plan
on energy-water nexus RD&D activities priorities and
objectives;
(C) convene and promote coordination of the activities of
Federal departments and agencies on energy-water nexus RD&D
activities, including the activities of--
(i) the Department;
(ii) the Department of the Interior;
(iii) the Corps of Engineers;
(iv) the Department of Agriculture;
(v) the Department of Defense;
(vi) the Department of State;
(vii) the Environmental Protection Agency;
(viii) the Council on Environmental Quality;
(ix) the National Institute of Standards and Technology;
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(x) the National Oceanic and Atmospheric Administration;
(xi) the National Science Foundation;
(xii) the Office of Management and Budget;
(xiii) the Office of Science and Technology Policy;
(xiv) the National Aeronautics and Space Administration;
and
(xv) such other Federal departments and agencies as the
Interagency Coordination Committee considers appropriate;
(D)(i) coordinate and develop capabilities and
methodologies for data collection, management, and
dissemination of information related to energy-water nexus
RD&D activities from and to other Federal departments and
agencies; and
(ii) promote information exchange between Federal
departments and agencies--
(I) to identify and document Federal and non-Federal
programs and funding opportunities that support basic and
applied research, development, and demonstration proposals to
advance energy-water nexus related science and technologies;
(II) to leverage existing programs by encouraging joint
solicitations, block grants, and matching programs with non-
Federal entities; and
(III) to identify opportunities for domestic and
international public-private partnerships, innovative
financing mechanisms, information and data exchange;
(E) promote the integration of energy-water nexus
considerations into existing Federal water, energy, and other
natural resource, infrastructure, and science programs at the
national and regional levels and with programs administered
in partnership with non-Federal entities; and
(F) not later than 1 year after the date of enactment of
this Act, issue a report on the potential benefits and
feasibility of establishing an energy-water center of
excellence within the National Laboratories (as that term is
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)).
(4) No regulation.--Nothing in this subsection grants to
the Interagency Coordination Committee the authority to
promulgate regulations or set standards.
(5) Review; report.--At the end of the 5-year period
beginning on the date on which the Interagency Coordination
Committee and NEWS Office are established, the NEWS Office
shall--
(A) review the activities, relevance, and effectiveness of
the Interagency Coordination Committee; and
(B) submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Science, Space, and
Technology, Energy and Commerce, and Natural Resources of the
House of Representatives a report that--
(i) describes the results of the review conducted under
subparagraph (A); and
(ii) includes a recommendation on whether the Interagency
Coordination Committee should continue.
(c) Crosscut Budget.--Not later than 30 days after the
President submits the budget of the United States Government
under section 1105 of title 31, United States Code, the co-
chairs of the Interagency Coordination Committee (acting
through the NEWS Office) shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committees
on Science, Space, and Technology, Energy and Commerce, and
Natural Resources of the House of Representatives, an
interagency budget crosscut report that displays at the
program-, project-, and activity-level for each of the
Federal agencies that carry out or support (including through
grants, contracts, interagency and intraagency transfers, and
multiyear and no-year funds) basic and applied RD&D
activities to advance the energy-water nexus related science
and technologies--
(1) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(2) expenditures and obligations for the prior fiscal year;
and
(3) estimated expenditures and obligations for the current
fiscal year.
SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
Subtitle A of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16191 et seq.) is amended by adding at the end the
following:
``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a utility;
``(B) a municipality;
``(C) a water district;
``(D) an Indian tribe or Alaska Native village; and
``(E) any other authority that provides water, wastewater,
or water reuse services.
``(2) Smart energy and water efficiency pilot program.--The
term `smart energy and water efficiency pilot program' or
`pilot program' means the pilot program established under
subsection (b).
``(b) Smart Energy and Water Efficiency Pilot Program.--
``(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency pilot program in
accordance with this section.
``(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate unique, advanced, or innovative
technology-based solutions that will--
``(A) increase the energy efficiency of water, wastewater,
and water reuse systems;
``(B) improve energy efficiency of water, wastewater, and
water reuse systems to help communities across the United
States make measurable progress in conserving water, saving
energy, and reducing costs;
``(C) support the implementation of innovative and unique
processes and the installation of established advanced
automated systems that provide real-time data on energy and
water; and
``(D) improve energy-water conservation and quality and
predictive maintenance through technologies that utilize
internet connected technologies, including sensors,
intelligent gateways, and security embedded in hardware.
``(3) Project selection.--
``(A) In general.--The Secretary shall make competitive,
merit-reviewed grants under the pilot program to not less
than 3, but not more than 5, eligible entities.
``(B) Selection criteria.--In selecting an eligible entity
to receive a grant under the pilot program, the Secretary
shall consider--
``(i) energy and cost savings;
``(ii) the uniqueness, commercial viability, and
reliability of the technology to be used;
``(iii) the degree to which the project integrates next-
generation sensors software, analytics, and management tools;
``(iv) the anticipated cost-effectiveness of the pilot
project through measurable energy efficiency savings, water
savings or reuse, and infrastructure costs averted;
``(v) whether the technology can be deployed in a variety
of geographic regions and the degree to which the technology
can be implemented in a wide range of applications ranging in
scale from small towns to large cities, including tribal
communities;
``(vi) whether the technology has been successfully
deployed elsewhere;
``(vii) whether the technology was sourced from a
manufacturer based in the United States; and
``(viii) whether the project will be completed in 5 years
or less.
``(C) Applications.--
``(i) In general.--Subject to clause (ii), an eligible
entity seeking a grant under the pilot program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary determines
to be necessary.
``(ii) Contents.--An application under clause (i) shall, at
a minimum, include--
``(I) a description of the project;
``(II) a description of the technology to be used in the
project;
``(III) the anticipated results, including energy and water
savings, of the project;
``(IV) a comprehensive budget for the project;
``(V) the names of the project lead organization and any
partners;
``(VI) the number of users to be served by the project;
``(VII) a description of the ways in which the proposal
would meet performance measures established by the Secretary;
and
``(VIII) any other information that the Secretary
determines to be necessary to complete the review and
selection of a grant recipient.
``(4) Administration.--
``(A) In general.--Not later than 300 days after the date
of enactment of this section, the Secretary shall select
grant recipients under this section.
``(B) Evaluations.--
``(i) Annual evaluations.--The Secretary shall annually
carry out an evaluation of each project for which a grant is
provided under this section that meets performance measures
and benchmarks developed by the Secretary, consistent with
the purposes of this section.
``(ii) Requirements.--Consistent with the performance
measures and benchmarks developed under clause (i), in
carrying out an evaluation under that clause, the Secretary
shall--
``(I) evaluate the progress and impact of the project; and
``(II) assesses the degree to which the project is meeting
the goals of the pilot program.
``(C) Technical and policy assistance.--On the request of a
grant recipient, the Secretary shall provide technical and
policy assistance.
``(D) Best practices.--The Secretary shall make available
to the public through the Internet and other means the
Secretary considers to be appropriate--
``(i) a copy of each evaluation carried out under
subparagraph (B); and
``(ii) a description of any best practices identified by
the Secretary as a result of those evaluations.
``(E) Report to congress.--The Secretary shall submit to
Congress a report containing the results of each evaluation
carried out under subparagraph (B).
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000, to
remain available until expended.''.
Subtitle C--Innovation
SEC. 4201. AMERICA COMPETES PROGRAMS.
(a) Basic Research.--Section 971(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16311(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) $5,423,000,000 for fiscal year 2016;
[[Page S2252]]
``(9) $5,808,000,000 for fiscal year 2017;
``(10) $6,220,000,000 for fiscal year 2018;
``(11) $6,661,000,000 for fiscal year 2019; and
``(12) $7,134,000,000 for fiscal year 2020.''.
(b) Advanced Research Projects Agency-Energy.--Section 5012
of the America COMPETES Act (42 U.S.C. 16538) is amended--
(1) in subsection (a)(3), by striking ``subsection (n)(1)''
and inserting ``subsection (o)(1)'';
(2) in subsection (i), by striking paragraph (1) and
inserting the following:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated with, and do
not duplicate the efforts of, programs and laboratories
within the Department and other relevant research agencies;
and
``(B) ARPA-E does not provide funding for a project unless
the prospective grantee demonstrates sufficient attempts to
secure private financing or indicates that the project is not
independently commercially viable.'';
(3) by redesignating subsection (n) as subsection (o);
(4) by inserting after subsection (m) the following:
``(n) Protection of Information.--The following types of
information collected by the ARPA-E from recipients of
financial assistance awards shall be considered commercial
and financial information obtained from a person and
privileged or confidential and not subject to disclosure
under section 552(b)(4) of title 5, United States Code:
``(1) Plans for commercialization of technologies developed
under the award, including business plans, technology-to-
market plans, market studies, and cost and performance
models.
``(2) Investments provided to an awardee from third parties
(such as venture capital firms, hedge funds, and private
equity firms), including amounts and the percentage of
ownership of the awardee provided in return for the
investments.
``(3) Additional financial support that the awardee--
``(A) plans to or has invested into the technology
developed under the award; or
``(B) is seeking from third parties.
``(4) Revenue from the licensing or sale of new products or
services resulting from research conducted under the
award.''; and
(5) in subsection (o) (as redesignated by paragraph (3))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``paragraphs (4) and (5)'' and inserting ``paragraph (4)'';
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(F) $325,000,000 for each of fiscal years 2016 through
2018; and
``(G) $375,000,000 for each of fiscal years 2019 and
2020.''; and
(B) in paragraph (4)(B), by striking ``(c)(2)(D)'' and
inserting ``(c)(2)(C)''.
SEC. 4202. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION
IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C.
16391) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Early Stage Technology Demonstration.--The Secretary
shall permit the directors of the National Laboratories to
use funds authorized to support technology transfer within
the Department to carry out early stage and precommercial
technology demonstration activities to remove technology
barriers that limit private sector interest and demonstrate
potential commercial applications of any research and
technologies arising from National Laboratory activities.''.
SEC. 4203. SUPPORTING ACCESS OF SMALL BUSINESS CONCERNS TO
NATIONAL LABORATORIES.
(a) Definitions.--In this section:
(1) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(2) Small business concern.--The term ``small business
concern'' has the same meaning as in section 3 of the Small
Business Act (15 U.S.C. 632).
(b) Actions for Increased Access at National Laboratories
for Small Business Concerns.--To promote the technology
transfer of innovative energy technologies and enhance the
competitiveness of the United States, the Secretary shall
take such actions as are appropriate to facilitate access to
the National Laboratories for small business concerns.
(c) Information on the DOE Website Relating to National
Laboratory Programs Available to Small Business Concerns.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the Directors of the National Laboratories, shall--
(A) publish in a consolidated manner on the website of the
Department information relating to National Laboratory
programs that are available to small business concerns;
(B) provide for the information published under
subparagraph (A) to be kept up-to-date; and
(C) include in the information published under subparagraph
(A), information on each available program under which small
business concerns are eligible to enter into agreements to
work with the National Laboratories.
(2) Components.--The information published on the
Department website under paragraph (1) shall include--
(A) a brief description of each agreement available to
small business concerns to work with National Laboratories;
(B) a step-by-step guide for completing agreements to work
with National Laboratories;
(C) best practices for working with National Laboratories;
(D) individual National Laboratory websites that provide
information specific to technology transfer and working with
small business concerns;
(E) links to funding opportunity announcements,
nonfinancial resources, and other programs available to small
business concerns; and
(F) any other information that the Secretary determines to
be appropriate.
(3) Accessibility.--The information published on the
Department website under paragraph (1) shall be--
(A) readily accessible and easily found on the Internet by
the public and members and committees of Congress; and
(B) presented in a searchable, machine-readable format.
(4) Guidance.--The Secretary shall issue Departmental
guidance to ensure that the information published on the
Department website under paragraph (1) is provided in a
manner that presents a coherent picture of all National
Laboratory programs that are relevant to small business
concerns.
SEC. 4204. MICROLAB TECHNOLOGY COMMERCIALIZATION.
(a) Definitions.--In this section:
(1) Microlab.--The term ``microlab'' means a small
laboratory established by the Secretary under subsection (b).
(2) National laboratory.--The term ``national laboratory''
means--
(A) a National Laboratory, as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801); and
(B) a national security laboratory, as defined in section
3281 of the National Nuclear Security Administration Act (50
U.S.C. 2471).
(b) Establishment of Microlab Program.--
(1) In general.--The Secretary, in collaboration with the
directors of national laboratories, may establish a microlab
program under which the Secretary establishes microlabs that
are located in close proximity to national laboratories and
that are accessible to the public for the purposes of--
(A) enhancing collaboration with regional research groups,
such as institutions of higher education and industry groups;
(B) accelerating technology transfer from national
laboratories to the marketplace; and
(C) promoting regional workforce development through
science, technology, engineering, and mathematics (``STEM'')
instruction and training.
(2) Criteria.--In determining the placement of microlabs
under paragraph (1), the Secretary shall consider--
(A) the commitment of a national laboratory to establishing
a microlab;
(B) the existence of a joint research institute or a new
facility that--
(i) is not on the main site of a national laboratory;
(ii) is in close proximity to a national laboratory; and
(iii) has the capability to house a microlab;
(C) whether employees of a national laboratory and persons
from academia, industry, and government are available to be
assigned to the microlab; and
(D) cost-sharing or in-kind contributions from State and
local governments and private industry.
(3) Timing.--If the Secretary, in collaboration with the
directors of national laboratories, elects to establish a
microlab program under this subsection, the Secretary, in
collaboration with the directors of national laboratories,
shall--
(A) not later than 60 days after the date of enactment of
this Act, begin the process of determining the placement of
microlabs under paragraph (1); and
(B) not later than 180 days after the date of enactment of
this Act, implement the microlab program under this
subsection.
(c) Reports.--
(1) Initial report.--Not later than 60 days after the date
of implementation of the microlab program under subsection
(b), the Secretary shall submit to the Committee on Armed
Services of the Senate, the Committee on Armed Services of
the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committee on
Science, Space, and Technology of the House of
Representatives a report that provides an update on the
implementation of the microlab program under subsection (b).
(2) Progress report.--Not later than 1 year after the date
of implementation of the microlab program under subsection
(b), the Secretary shall submit to the Committee on Armed
Services of the Senate, the Committee on Armed Services of
the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the
[[Page S2253]]
Committee on Science, Space, and Technology of the House of
Representatives a report on the microlab program under
subsection (b), including findings and recommendations of the
Secretary.
(d) Authorization of Appropriations.--
There is authorized to be appropriated to carry out this
Act $50,000,000 for fiscal year 2016.
SEC. 4205. SENSE OF THE SENATE ON ACCELERATING ENERGY
INNOVATION.
It is the sense of the Senate that--
(1) although important progress has been made in cost
reduction and deployment of clean energy technologies,
accelerating clean energy innovation will help meet critical
competitiveness, energy security, and environmental goals;
(2) accelerating the pace of clean energy innovation in the
United States calls for--
(A) supporting existing research and development programs
at the Department and the world-class National Laboratories
(as defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801));
(B) exploring and developing new pathways for innovators,
investors, and decision-makers to leverage the resources of
the Department for addressing the challenges and comparative
strengths of geographic regions; and
(C) recognizing the financial constraints of the
Department, regularly reviewing clean energy programs to
ensure that taxpayer investments are maximized;
(3) the energy supply, demand, policies, markets, and
resource options of the United States vary by geographic
region;
(4) a regional approach to innovation can bridge the gaps
between local talent, institutions, and industries to
identify opportunities and convert United States investment
into domestic companies; and
(5) Congress, the Secretary, and energy industry
participants should advance efforts that promote
international, domestic, and regional cooperation on the
research and development of energy innovations that--
(A) provide clean, affordable, and reliable energy for
everyone;
(B) promote economic growth;
(C) are critical for energy security; and
(D) are sustainable without government support.
SEC. 4206. RESTORATION OF LABORATORY DIRECTED RESEARCH AND
DEVELOPMENT PROGRAM.
The Secretary shall ensure that laboratory operating
contractors do not allocate costs of general and
administrative overhead to laboratory directed research and
development.
SEC. 4207. NATIONAL SCIENCE AND TECHNOLOGY COUNCIL
COORDINATING SUBCOMMITTEE FOR HIGH-ENERGY
PHYSICS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the National Science and Technology
Council shall establish a subcommittee to coordinate Federal
efforts relating to high-energy physics research (referred to
in this section as the ``subcommittee'').
(b) Purposes.--The purposes of the subcommittee are--
(1) to maximize the efficiency and effectiveness of United
States investment in high-energy physics; and
(2) to support a robust, internationally competitive United
States high-energy physics program that includes--
(A) underground science and engineering research; and
(B) physical infrastructure.
(c) Co-chairs.--The Director of the National Science
Foundation and the Secretary shall serve as co-chairs of the
subcommittee.
(d) Responsibilities.--The responsibilities of the
subcommittee shall be--
(1) to provide recommendations on planning for construction
and stewardship of large facilities participating in high-
energy physics;
(2) to provide recommendations on research coordination and
collaboration among the programs and activities of Federal
agencies;
(3) to establish goals and priorities for high-energy
physics, underground science, and research and development
that will strengthen United States competitiveness in high-
energy physics;
(4) to propose methods for engagement with international,
Federal, and State agencies and Federal laboratories not
represented on the subcommittee to identify and reduce
regulatory, logistical, and fiscal barriers that inhibit
United States leadership in high-energy physics and related
underground science; and
(5) to develop, and update once every 5 years, a strategic
plan to guide Federal programs and activities in support of
high-energy physics research.
(e) Annual Report.--Annually, the subcommittee shall update
Congress regarding--
(1) efforts taken in support of the strategic plan
described in subsection (d)(5);
(2) an evaluation of the needs for maintaining United
States leadership in high-energy physics; and
(3) identification of priorities in the area of high-energy
physics.
(f) Sunset.--The subcommittee shall terminate on the date
that is 10 years after the date of enactment of this Act.
Subtitle D--Grid Reliability
SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT STATEMENT.
Section 215 of the Federal Power Act (16 U.S.C. 824o) is
amended by adding at the end the following:
``(l) Reliability Impact Statement.--
``(1) Solicitation by commission.--Not later than 15 days
after the date on which the head of a Federal agency proposes
a major rule (as defined in section 804 of title 5, United
States Code) that may significantly affect the reliable
operation of the bulk-power system, the Commission shall
solicit from the ERO, who shall coordinate with regional
entities affected by the proposed rule, a reliability impact
statement with respect to the proposed rule.
``(2) Requirements.--A reliability impact statement under
paragraph (1) shall include a detailed statement on--
``(A) the impact of the proposed rule on the reliable
operation of the bulk-power system;
``(B) any adverse effects on the reliable operation of the
bulk-power system if the proposed rule was implemented; and
``(C) alternatives to cure the identified adverse
reliability impacts, including a no-action alternative.
``(3) Submission to commission and congress.--On completion
of a reliability impact statement under paragraph (1), the
ERO shall submit to the Commission and Congress the
reliability impact statement.
``(4) Transmittal to head of federal agency.--On receipt of
a reliability impact statement submitted to the Commission
under paragraph (3), the Commission shall transmit to the
head of the applicable Federal agency the reliability impact
statement prepared under this subsection for inclusion in the
public record.
``(5) Inclusion of detailed response in final rule.--With
respect to a final major rule subject to a reliability impact
statement prepared under paragraph (1), the head of the
Federal agency shall--
``(A) consider the reliability impact statement;
``(B) give due weight to the technical expertise of the ERO
with respect to matters that are the subject of the
reliability impact statement; and
``(C) include in the final rule a detailed response to the
reliability impact statement that reasonably addresses the
detailed statements required under paragraph (2).''.
SEC. 4302. REPORT BY TRANSMISSION ORGANIZATIONS ON DIVERSITY
OF SUPPLY.
(a) Definitions.--In this section:
(1) Electric generating capacity resource.--
(A) In general.--The term ``electric generating capacity
resource'' means an electric generating resource, as measured
by the maximum load-carrying ability of the resource,
exclusive of station use and planned, unplanned, or other
outage or derating subject to dispatch by the transmission
organization to meet the resource adequacy needs of the
systems operated by the transmission organization.
(B) Effect.--The term ``electric generating capacity
resource'' does not address non-electric generating resources
that are qualified as capacity resources in the tariffs of
various transmission organizations as of the date of
enactment of this Act.
(2) Transmission organization.--The term ``transmission
organization'' has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
(b) Report.--
(1) Notice.--Not later than 14 days after the date of
enactment of this Act, the Commission (as the term is defined
in section 3 of the Federal Power Act (16 U.S.C. 796)) shall
submit to each transmission organization that has a tariff on
file with the Commission that includes provisions addressing
the procurement of electric generating capacity resources, a
notice that the transmission organization is required to file
with the Commission a report in accordance with paragraph
(2).
(2) Report.--Not later than 180 days after the date on
which a transmission organization receives a notice under
paragraph (1), the transmission organization shall submit to
the Commission a report that, to the maximum extent
practicable--
(A)(i) identifies electric generating capacity resources
that are available to the transmission organization as of the
date of the report; and
(ii) describes the primary energy sources and operational
characteristics of electric capacity resources available, in
the aggregate, to the transmission organization;
(B) evaluates, using generally accepted metrics, the
current operational performance, in the aggregate, of
electric capacity resources;
(C) identifies, for the aggregate of electric generating
capacity resources available to the transmission
organization--
(i) over the short- and long-term periods in the planning
cycle of the transmission organization, reasonable
projections concerning the operational and economic risk
profile of electric generating capacity resources;
(ii) the projected future needs of the transmission
organization for electric generating capacity resources; and
(iii) the availability of transmission facilities and
transmission support services necessary to provide for the
transmission organization reasonable assurances of essential
reliability services, including adequate voltage support; and
(D) assesses whether and to what extent the market rules of
the transmission organization--
(i) yield capacity auction clearing prices that promote
necessary and prudent investment;
(ii) yield energy market clearing prices that reflect the
marginal cost of supply, taking into account transmission
constraints
[[Page S2254]]
and other factors needed to ensure reliable grid operation;
(iii) produce meaningful price signals that clearly
indicate where new supply and investment are needed;
(iv) reduce uncertainty or instability resulting from
changes to market rules, processes, or protocols;
(v) promote transparency and communication by the market
operator to market participants;
(vi) support a diverse generation portfolio and the
availability of transmission facilities and transmission
support services on a short- and long-term basis necessary to
provide reasonable assurances of a continuous supply of
electricity for customers of the transmission organization at
the proper voltage and frequency; and
(vii) provide an enhanced opportunity for self-supply of
electric generating capacity resources by electric
cooperatives, Federal power marketing agencies, and State
utilities with a service obligation (as those terms are
defined in section 217(a)) of the Federal Power Act (16
U.S.C. 824q(a))) in a manner that is consistent with
traditional utility business models and does not unduly
affect wholesale market prices.
Subtitle E--Management
SEC. 4401. FEDERAL LAND MANAGEMENT.
(a) Definitions.--In this section:
(1) Cadastre.--The term ``cadastre'' means an inventory of
buildings and other real property (including associated
infrastructure such as roads and utility transmission lines
and pipelines) located on land administered by the Secretary,
which is developed through collecting, storing, retrieving,
or disseminating graphical or digital data and any
information related to the data, including surveys, maps,
charts, images, and services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Cadastre of Federal Real Property.--
(1) In general.--The Secretary is authorized--
(A) to develop and maintain a current and accurate
multipurpose cadastre to support Federal land management
activities for the Department of the Interior;
(B) to incorporate any related inventories of Federal real
property, including any inventories prepared under applicable
land or resource management plans; and
(C) to enter into discussions with other Federal agencies
to make the cadastre available for use by the agency to
support agency management activities.
(2) Cost-sharing agreements.--
(A) In general.--The Secretary may enter into cost-sharing
agreements with other Federal agencies, and with States,
Indian tribes, and local governments, to include any non-
Federal land in a State in the cadastre.
(B) Cost share.--The Federal share of any cost agreement
described in subparagraph (A) shall not exceed 50 percent of
the total cost to a State, Indian tribe, or local government
for the development of the cadastre of non-Federal land.
(3) Consolidation and report.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a report on the real property
inventories or any components of any cadastre or related
inventories that--
(A) exist as of the date of enactment of this Act;
(B) are authorized by law or conducted by the Secretary;
and
(C) are of sufficient accuracy to be included in the
cadastre authorized under paragraph (1).
(4) Coordination.--In carrying out this subsection, the
Secretary shall--
(A) participate (in accordance with section 216 of the E-
Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-
347)) in the establishment of such standards and common
protocols as are necessary to ensure the interoperability of
geospatial information pertaining to the cadastre for all
users of the information;
(B) coordinate with, seek assistance and cooperation of,
and provide liaison to the Federal Geographic Data Committee
pursuant to Office of Management and Budget Circular A-16 and
Executive Order 12906 (43 U.S.C. 1457 note; relating to
coordinating geographic data acquisition and access: the
National Spatial Data Infrastructure) for the implementation
of and compliance with such standards as may be applicable to
the cadastre;
(C) make the cadastre interoperable with the Federal Real
Property Profile established pursuant to Executive Order
13327 (40 U.S.C. 121 note; relating to Federal real property
asset management);
(D) integrate with and leverage, to the maximum extent
practicable, cadastre activities of units of State and local
government; and
(E) use contracts with the private sector, if practicable,
to provide such products and services as are necessary to
develop the cadastre.
(c) Transparency and Public Access.--The Secretary shall--
(1) make the cadastre required under this section
publically available on the Internet in a graphically
geoenabled and searchable format; and
(2) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of the
identity of any buildings or facilities, or information
related to the buildings or facilities, if the disclosure
would impair or jeopardize the national security or homeland
defense of the United States.
(d) Effect.--Nothing in this section--
(1) creates any substantive or procedural right or benefit;
(2) authorizes any new surveying or mapping of Federal real
property, except that a Federal agency may conduct a new
survey to update the accuracy of the inventory data of the
agency before storage on a cadaster; or
(3) authorizes--
(A) the evaluation of any real property owned by the United
States for disposal; or
(B) new appraisals or assessments of the value of--
(i) real property; or
(ii) cultural or archaeological resources on any parcel of
Federal land or other real property.
SEC. 4402. QUADRENNIAL ENERGY REVIEW.
(a) In General.--Section 801 of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended to read as
follows:
``SEC. 801. QUADRENNIAL ENERGY REVIEW.
``(a) Quadrennial Energy Review Task Force.--
``(1) Establishment.--The President shall establish a
Quadrennial Energy Review Task Force (referred to in this
section as the `Task Force') to coordinate the Quadrennial
Energy Review.
``(2) Cochairpersons.--The President shall designate
appropriate senior Federal Government officials to be
cochairpersons of the Task Force.
``(3) Membership.--The Task Force may be comprised of
representatives at level I or II of the Executive Schedule
of--
``(A) the Department of Energy;
``(B) the Department of Commerce;
``(C) the Department of Defense;
``(D) the Department of State;
``(E) the Department of the Interior;
``(F) the Department of Agriculture;
``(G) the Department of the Treasury;
``(H) the Department of Transportation;
``(I) the Department of Homeland Security;
``(J) the Office of Management and Budget;
``(K) the National Science Foundation;
``(L) the Environmental Protection Agency; and
``(M) such other Federal agencies, and entities within the
Executive Office of the President, as the President considers
to be appropriate.
``(b) Conduct of Review.--
``(1) In general.--Each Quadrennial Energy Review shall be
conducted to--
``(A) provide an integrated view of important national
energy objectives and Federal energy policy; and
``(B) identify the maximum practicable alignment of
research programs, incentives, regulations, and partnerships.
``(2) Elements.--A Quadrennial Energy Review shall--
``(A) establish integrated, governmentwide national energy
objectives in the context of economic, environmental, and
security priorities;
``(B) recommend coordinated actions across Federal
agencies;
``(C) assess and recommend priorities for research,
development, and demonstration;
``(D) provide a strong analytical base for Federal energy
policy decisions;
``(E) consider reasonable estimates of future Federal
budgetary resources when making recommendations; and
``(F) be conducted with substantial input from--
``(i) Congress;
``(ii) the energy industry;
``(iii) academia;
``(iv) State, local, and tribal governments;
``(v) nongovernmental organizations; and
``(vi) the public.
``(c) Submission of Quadrennial Energy Review to
Congress.--
``(1) In general.--The President--
``(A) shall publish and submit to Congress a report on the
Quadrennial Energy Review once every 4 years; and
``(B) more frequently than once every 4 years, as the
President determines to be appropriate, may prepare and
publish interim reports as part of the Quadrennial Energy
Review.
``(2) Inclusions.--The reports described in paragraph (1)
shall address or consider, as appropriate--
``(A) an integrated view of short-term, intermediate-term,
and long-term objectives for Federal energy policy in the
context of economic, environmental, and security priorities;
``(B) potential executive actions (including programmatic,
regulatory, and fiscal actions) and resource requirements--
``(i) to achieve the objectives described in subparagraph
(A); and
``(ii) to be coordinated across multiple agencies;
``(C) analysis of the existing and prospective roles of
parties (including academia, industry, consumers, the public,
and Federal agencies) in achieving the objectives described
in subparagraph (A), including--
``(i) an analysis by energy use sector, including--
``(I) commercial and residential buildings;
``(II) the industrial sector;
``(III) transportation; and
``(IV) electric power;
``(ii) requirements for invention, adoption, development,
and diffusion of energy technologies as they relate to each
of the energy use sectors; and
[[Page S2255]]
``(iii) other research that informs strategies to
incentivize desired actions;
``(D) assessment of policy options to increase domestic
energy supplies and energy efficiency;
``(E) evaluation of national and regional energy storage,
transmission, and distribution requirements, including
requirements for renewable energy;
``(F) portfolio assessments that describe the optimal
deployment of resources, including prioritizing financial
resources for energy-relevant programs;
``(G) mapping of the linkages among basic research and
applied programs, demonstration programs, and other
innovation mechanisms across the Federal agencies;
``(H) identification of demonstration projects;
``(I) identification of public and private funding needs
for various energy technologies, systems, and infrastructure,
including consideration of public-private partnerships,
loans, and loan guarantees;
``(J) assessment of global competitors and an
identification of programs that can be enhanced with
international cooperation;
``(K) identification of policy gaps that need to be filled
to accelerate the adoption and diffusion of energy
technologies, including consideration of--
``(i) Federal tax policies; and
``(ii) the role of Federal agencies as early adopters and
purchasers of new energy technologies;
``(L) priority listing for implementation of objectives and
actions taking into account estimated Federal budgetary
resources;
``(M) analysis of--
``(i) points of maximum leverage for policy intervention to
achieve outcomes; and
``(ii) areas of energy policy that can be most effective in
meeting national goals for the energy sector; and
``(N) recommendations for executive branch organization
changes to facilitate the development and implementation of
Federal energy policies.
``(d) Report Development.--The Secretary of Energy shall
provide such support for the Quadrennial Energy Review with
the necessary analytical, financial, and administrative
support for the conduct of each Quadrennial Energy Review
required under this section as may be requested by the
cochairpersons designated under subsection (a)(2).
``(e) Cooperation.--The heads of applicable Federal
agencies shall cooperate with the Secretary and provide such
assistance, information, and resources as the Secretary may
require to assist in carrying out this section.''.
(b) Table of Contents Amendment.--The item relating to
section 801 in the table of contents of such Act is amended
to read as follows:
``Sec. 801. Quadrennial Energy Review.''.
(c) Administration.--Nothing in this section or an
amendment made by this section supersedes, modifies, amends,
or repeals any provision of Federal law not expressly
superseded, modified, amended, or repealed by this section.
SEC. 4403. STATE OVERSIGHT OF OIL AND GAS PROGRAMS.
On request of the Governor of a State, the Secretary of the
Interior shall establish a program under which the Director
of the Bureau of Land Management shall enter into a
memorandum of understanding with the State to consider the
costs and benefits of consistent rules and processes for the
measurement of oil and gas production activities, inspection
of meters or other measurement methodologies, and other
operational activities, as determined by the Secretary of the
Interior.
SEC. 4404. UNDER SECRETARY FOR SCIENCE AND ENERGY.
(a) In General.--Section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)) is amended--
(1) in paragraph (1), by striking ``for Science'' and
inserting ``for Science and Energy (referred to in this
subsection as the `Under Secretary')'';
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``for Science''; and
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``for Science'';
(B) in subparagraph (F), by striking ``and'' at the end;
(C) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(D) by inserting after subparagraph (G) the following:
``(H) establish appropriate linkages between offices under
the jurisdiction of the Under Secretary; and
``(I) perform such functions and duties as the Secretary
shall prescribe, consistent with this section.''.
(b) Conforming Amendment.--Section 641(h)(2) of the United
States Energy Storage Competitiveness Act of 2007 (42 U.S.C.
17231(h)(2)) is amended by striking ``Under Secretary for
Science'' and inserting ``Under Secretary for Science and
Energy''.
SEC. 4405. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT.
(a) In General.--The Administrator of the Western Area
Power Administration (referred to in this section as the
``Administrator'') shall establish a pilot project, as part
of the continuous process improvement program and to provide
increased transparency for customers, to publish on a
publicly available website of the Western Area Power
Administration, a searchable database of the following
information, beginning with fiscal year 2008, relating to the
Western Area Power Administration:
(1) By power system, rates charged to customers for power
and transmission service.
(2) By power system, the amount of capacity or energy sold.
(3) By region, a detailed accounting of the allocation of
budget authority, including--
(A) overhead costs;
(B) the number of contractors; and
(C) the number of full-time equivalents.
(4) For the corporate services office, a detailed
accounting of the allocation of budget authority, including--
(A) overhead costs;
(B) the number of contractors;
(C) the number of full-time equivalents; and
(D) expenses charged to other Federal agencies or programs
for the administration of programs not related to the
marketing, transmission, or wheeling of Federal hydropower
resources, including--
(i) overhead costs;
(ii) the number of contractors; and
(iii) the number of full-time equivalents.
(5) Capital expenditures, including--
(A) capital investments delineated by the year in which
each investment is placed into service; and
(B) the sources of capital for each investment.
(b) Report.--Not less than once each year for the duration
of the pilot project under this section, the Administrator
shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report that--
(1) describes the annual estimated avoided costs and the
savings as a result of the pilot project under this section;
and
(2) includes a certification from the Administrator that--
(A) the rates for each power system do not recover costs
and expenses recovered by other power systems; and
(B) each expense allocated by the corporate services office
to an individual power system is only recovered once.
(c) Termination.--The pilot project under this section
shall terminate on the date that is 10 years after the date
of enactment of this Act.
SEC. 4406. RESEARCH GRANTS DATABASE.
(a) In General.--The Secretary shall establish and maintain
a public database, accessible on the website of the
Department, that contains a searchable listing of every
unclassified research and development project contract,
grant, cooperative agreement, task order for federally funded
research and development centers, or other transaction
administered by the Department.
(b) Classified Projects.--Each year, the Secretary shall
submit to the relevant committees of Congress a report that
lists every classified project of the Department, including
all relevant details of the projects.
(c) Requirements.--Each listing described in subsections
(a) and (b) shall include, at a minimum, for each listed
project, the component carrying out the project, the project
name, an abstract or summary of the project, funding levels,
project duration, contractor or grantee name, and expected
objectives and milestones.
(d) Relevant Literature and Patents.--To the maximum extent
practicable, the Secretary shall provide information through
the public database established under subsection (a) on
relevant literature and patents that are associated with each
research and development project contract, grant, or
cooperative agreement, or other transaction, of the
Department.
SEC. 4407. REVIEW OF ECONOMIC IMPACT OF BSEE RULE ON SMALL
ENTITIES.
(a) Definitions.--In this section--
(1) the term ``BSEE'' means the Bureau of Safety and
Environmental Enforcement;
(2) the term ``Chief Counsel'' means the Chief Counsel for
Advocacy of the Small Business Administration;
(3) the term ``covered proposed rule'' means the proposed
rule of the BSEE entitled ``Oil and Gas and Sulphur
Operations in the Outer Continental Shelf--Blowout Preventer
Systems and Well Control'' (80 Fed. Reg. 21504 (April 17,
2015)); and
(4) the term ``small entity'' has the meaning given the
term in section 601 of title 5, United States Code.
(b) Requirement To Conduct Review.--
(1) In general.--If the BSEE issues a final rule for the
covered proposed rule, then not later than 1 year after the
effective date of the final rule the BSEE, in consultation
with the Chief Counsel, shall complete a review of the final
rule under section 610 of title 5, United States Code.
(2) Assessment of economic impact.--In conducting the
review required under paragraph (1), the BSEE, in
consultation with the Chief Counsel, shall assess the
economic impact of the final rule on small entities in the
oil and gas supply chain.
(3) Report.--Not later than 180 days after the date on
which the review is completed under this subsection, the
BSEE, in consultation with the Chief Counsel, shall submit to
Congress a report on the findings of the review.
SEC. 4408. ENERGY EMERGENCY RESPONSE EFFORTS OF THE
DEPARTMENT.
(a) Congressional Declaration of Purpose.--Section 102 of
the Department of Energy Organization Act (42 U.S.C. 7112) is
amended by adding at the end the following:
[[Page S2256]]
``(20) To facilitate the development and implementation of
a strategy for responding to energy infrastructure and supply
emergencies through--
``(A) continuously monitoring and publishing information on
the energy delivery and supply infrastructure of the United
States, including electricity, liquid fuels, natural gas, and
coal;
``(B) managing Federal strategic energy reserves;
``(C) advising national leadership during emergencies on
ways to respond to and minimize energy disruptions; and
``(D) working with Federal agencies and State and local
governments--
``(i) to enhance energy emergency preparedness; and
``(ii) to respond to and mitigate energy emergencies.''.
(b) Under Secretary for Science and Energy.--Section
202(b)(4) of the Department of Energy Organization Act (42
U.S.C. 7132(b)(4)) (as amended by section 4404(a)(3)) is
amended, in subparagraph (B), by inserting ``and applied
energy'' before ``programs of the''.
(c) Responsibilities of Assistant Secretaries.--Section
203(a) of the Department of Energy Organization Act (42
U.S.C. 7133(a)) is amended by adding at the end the
following:
``(12) Emergency response functions, including assistance
in the prevention of, or in the response to, an emergency
disruption of energy supply, transmission, and
distribution.''.
SEC. 4409. GAO REPORT ON BUREAU OF SAFETY AND ENVIRONMENTAL
ENFORCEMENT STATUTORY AND REGULATORY AUTHORITY
FOR THE PROCUREMENT OF HELICOPTER FUEL.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a report that defines the statutory
and regulatory authority of the Bureau of Safety and
Environmental Enforcement with respect to legally procuring
privately owned helicopter fuel, without agreement, from
lessees, permit holders, operators of federally leased
offshore facilities, or independent third parties not under
contract with the Bureau of Safety and Environmental
Enforcement or an agent of the Bureau of Safety and
Environmental Enforcement.
SEC. 4410. CONVEYANCE OF FEDERAL LAND WITHIN THE SWAN LAKE
HYDROELECTRIC PROJECT BOUNDARY.
Not later than 18 months after the date of enactment of
this Act, the Secretary of the Interior, after consultation
with the Secretary of Agriculture, shall--
(1) survey the exterior boundaries of the tract of Federal
land within the project boundary of the Swan Lake
Hydroelectric Project (FERC No. 2911) as generally depicted
and labeled ``Lost Creek'' on the map entitled ``Swan Lake
Project Boundary--Lot 2'' and dated February 1, 2016; and
(2) issue a patent to the State of Alaska for the tract
described in paragraph (1) in accordance with--
(A) the survey authorized under paragraph (1);
(B) section 6(a) of the Act of July 7, 1958 (commonly known
as the ``Alaska Statehood Act'') (48 U.S.C. note prec. 21;
Public Law 85-508); and
(C) section 24 of the Federal Power Act (16 U.S.C. 818).
SEC. 4411. STUDY OF WAIVERS OF CERTAIN COST-SHARING
REQUIREMENTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) complete a study on the ability of, and any actions
before the date of enactment of this Act by, the Secretary to
waive the cost-sharing requirement under section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352); and
(2) based on the results of the study under paragraph (1),
make recommendations to Congress for the issuance of, and
factors that should be considered with respect to, waivers of
the cost-sharing requirement by the Secretary.
SEC. 4412. NATIONAL PARK CENTENNIAL.
(a) National Park Centennial Challenge Fund.--
(1) In general.--Chapter 1049 of title 54, United States
Code (as amended by section 5001(a)), is amended by adding at
the end the following:
``Sec. 104909. National Park Centennial Challenge Fund
``(a) Purpose.--The purpose of this section is to establish
a fund in the Treasury--
``(1) to finance signature projects and programs to enhance
the National Park System as the centennial of the National
Park System approaches in 2016; and
``(2) to prepare the System for another century of
conservation, preservation, and enjoyment.
``(b) Definitions.--In this section:
``(1) Challenge fund.--The term `Challenge Fund' means the
National Park Centennial Challenge Fund established by
subsection (c)(1).
``(2) Qualified donation.--The term `qualified donation'
means a cash donation or the pledge of a cash donation
guaranteed by an irrevocable letter of credit to the Service
that the Secretary certifies is to be used for a signature
project or program.
``(3) Signature project or program.--The term `signature
project or program' means any project or program identified
by the Secretary as a project or program that would further
the purposes of the System or any System unit.
``(c) National Park Centennial Challenge Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the `National
Park Centennial Challenge Fund'.
``(2) Deposits.--The Challenge Fund shall consist of--
``(A) qualified donations that are transferred from the
Service donation account, in accordance with subsection
(e)(1); and
``(B) not more than $17,500,000, to be appropriated from
the general fund of the Treasury, in accordance with
subsection (e)(2).
``(3) Availability.--Amounts in the Challenge Fund shall--
``(A) be available to the Secretary for signature projects
and programs under this title, without further appropriation;
and
``(B) remain available until expended.
``(d) Signature Projects and Programs.--
``(1) Development of list.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
develop a list of signature projects and programs eligible
for funding from the Challenge Fund.
``(2) Submission to congress.--The Secretary shall submit
to the Committees on Appropriations and Energy and Natural
Resources of the Senate and the Committees on Appropriations
and Natural Resources of the House of Representatives the
list developed under paragraph (1).
``(3) Updates.--Subject to the notice requirements under
paragraph (2), the Secretary may add any signature project or
program to the list developed under paragraph (1).
``(e) Donations and Matching Federal Funds.--
``(1) Qualified donations.--The Secretary may transfer any
qualified donations to the Challenge Fund.
``(2) Matching amount.--There is authorized to be
appropriated to the Challenge Fund for each fiscal year
through fiscal year 2020 an amount equal to the amount of
qualified donations received for the fiscal year.
``(3) Solicitation.--Nothing in this section expands any
authority of the Secretary, the Service, or any employee of
the Service to receive or solicit donations.
``(f) Report to Congress.--The Secretary shall provide with
the submission of the budget of the President to Congress for
each fiscal year a report on the status and funding of the
signature projects and programs.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code (as amended by section 5001(b)),
is amended by inserting after the item relating to section
104908 the following:
``Sec. 104909. National Park Centennial Challenge Fund.''.
(b) Second Century Endowment for the National Park
System.--
(1) In general.--Subchapter II of chapter 1011 of title 54,
United States Code, is amended by adding at the end the
following:
``Sec. 101121. Second Century Endowment for the National Park
System
``(a) In General.--The National Park Foundation shall
establish an endowment, to be known as the `Second Century
Endowment for the National Park System' (referred to in this
section as the `Endowment').
``(b) Campaign.--To further the mission of the Service, the
National Park Foundation may undertake a campaign to fund the
Endowment through gifts, devises, or bequests, in accordance
with section 101113.
``(c) Use of Proceeds.--
``(1) In general.--On request of the Secretary, the
National Park Foundation shall expend proceeds from the
Endowment in accordance with projects and programs in
furtherance of the mission of the Service, as identified by
the Secretary.
``(2) Management.--The National Park Foundation shall
manage the Endowment in a manner that ensures that annual
expenditures as a percentage of the principal are consistent
with Internal Revenue Service guidelines for endowments
maintained for charitable purposes.
``(d) Investments.--The National Park Foundation shall--
``(1) maintain the Endowment in an interest-bearing
account; and
``(2) invest Endowment proceeds with the purpose of
supporting and enriching the System in perpetuity.
``(e) Report.--Each year, the National Park Foundation
shall make publicly available information on the amounts
deposited into, and expended from, the Endowment.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 101120 the following:
``Sec. 101121. Second Century Endowment for the National Park
System.''.
(c) National Park Service Intellectual Property
Protection.--
(1) In general.--Chapter 1049 of title 54, United States
Code (as amended by subsection (a)(1)), is amended by adding
at the end the following:
``Sec. 104910. Intellectual property
``(a) Definitions.--In this section:
``(1) Service emblem.--
``(A) In general.--The term `Service emblem' means any
word, phrase, insignia, logo, logotype, trademark, service
mark, symbol, design, graphic, image, color, badge, uniform,
or any combination of emblems used to identify the Service or
a component of the System.
``(B) Inclusions.--The term `Service emblem' includes--
[[Page S2257]]
``(i) the Service name;
``(ii) an official System unit name;
``(iii) any other name used to identify a Service component
or program; and
``(iv) the Arrowhead symbol.
``(2) Service uniform.--The term `Service uniform' means
any combination of apparel, accessories, or emblems, any
distinctive clothing or other items of dress, or a
representation of dress--
``(A) that is worn during the performance of official
duties; and
``(B) that identifies the wearer as a Service employee.
``(b) Prohibited Acts.--No person shall, without the
written permission of the Secretary--
``(1) use any Service emblem or uniform, or any word, term,
name, symbol or device or any combination of emblems to
suggest any colorable likeness of the Service emblem or
Service uniform in connection with goods or services in
commerce if the use is likely to cause confusion, or to
deceive the public into believing that the emblem or uniform
is from or connected with the Service;
``(2) use any Service emblem or Service uniform or any
word, term, name, symbol, device, or any combination of
emblems or uniforms to suggest any likeness of the Service
emblem or Service uniform in connection with goods or
services in commerce in a manner reasonably calculated to
convey the impression to the public that the goods or
services are approved, endorsed, or authorized by the
Service;
``(3) use in commerce any word, term, name, symbol, device
or any combination of words, terms, names, symbols, or
devices to suggest any likeness of the Service emblem or
Service uniform in a manner that is reasonably calculated to
convey the impression that the wearer of the item of apparel
is acting pursuant to the legal authority of the Service; or
``(4) knowingly make any false statement for the purpose of
obtaining permission to use any Service emblem or Service
uniform.''.
(2) Clerical amendment.--The table of sections affected for
title 54, United States Code, is amended by inserting after
the item relating to section 104908 (as added by subsection
(a)(2)) the following:
``Sec. 104910. Intellectual property.''.
(d) National Park Service Education and Interpretation.--
(1) In general.--Division A of subtitle I of title 54,
United States Code, is amended by inserting after chapter
1007 the following:
``CHAPTER 1008--EDUCATION AND INTERPRETATION
``CHAPTER 1008--Education and Interpretation
``Sec.
``100801. Definitions.
``100802. Interpretation and education authority.
``100803. Interpretation and education evaluation and quality
improvement.
``100804. Improved utilization of partners and volunteers in
interpretation and education.
``Sec. 100801. Definitions
``In this chapter:
``(1) Education.--The term `education' means enhancing
public awareness, understanding, and appreciation of the
resources of the System through learner-centered, place-based
materials, programs, and activities that achieve specific
learning objectives as identified in a curriculum.
``(2) Interpretation.--The term `interpretation' means--
``(A) providing opportunities for people to form
intellectual and emotional connections to gain awareness,
appreciation, and understanding of the resources of the
System; and
``(B) the professional career field of Service employees,
volunteers, and partners who interpret the resources of the
System.
``(3) Related area.--The term `related area' means--
``(A) a component of the National Trails System;
``(B) a National Heritage Area; and
``(C) an affiliated area administered in connection with
the System.
``Sec. 100802. Interpretation and education authority
``The Secretary shall ensure that management of System
units and related areas is enhanced by the availability and
utilization of a broad program of the highest quality
interpretation and education.
``Sec. 100803. Interpretation and education evaluation and
quality improvement
``The Secretary may undertake a program of regular
evaluation of interpretation and education programs to ensure
that the programs--
``(1) adjust to the ways in which people learn and engage
with the natural world and shared heritage as embodied in the
System;
``(2) reflect different cultural backgrounds, ages,
education, gender, abilities, ethnicity, and needs;
``(3) demonstrate innovative approaches to management and
appropriately incorporate emerging learning and
communications technology; and
``(4) reflect current scientific and academic research,
content, methods, and audience analysis.
``Sec. 100804. Improved utilization of partners and
volunteers in interpretation and education
``The Secretary may--
``(1) coordinate with System unit partners and volunteers
in the delivery of quality programs and services to
supplement the programs and services provided by the Service
as part of a Long-Range Interpretive Plan for a System unit;
``(2) support interpretive partners by providing
opportunities to participate in interpretive training; and
``(3) collaborate with other Federal and non-Federal public
or private agencies, organizations, or institutions for the
purposes of developing, promoting, and making available
educational opportunities related to resources of the System
and programs.''.
(2) Clerical amendment.--The table of chapters for division
A of subtitle I of title 54, United States Code, is amended
by inserting after the item relating to chapter 1007 the
following:
``1008. Education and Interpretation.....................100801''.....
(e) Public Land Corps Amendments.--
(1) Definitions.--Section 203(10)(A) of the Public Lands
Corps Act of 1993 (16 U.S.C. 1722(10)(A)) is amended by
striking ``25'' and inserting ``30''.
(2) Participants.--Section 204(b) of the Public Lands Corps
Act of 1993 (16 U.S.C. 1723(b)) is amended in the first
sentence by striking ``25'' and inserting ``30''.
(3) Hiring.--Section 207(c)(2) of the Public Lands Corps
Act of 1993 (16 U.S.C., 1726(c)(2)) is amended by striking
``120 days'' and inserting ``2 years''.
(f) National Park Foundation.--Subchapter II of chapter
1011 of title 54, United States Code, is amended--
(1) in section 101112--
(A) by striking subsection (a) and inserting the following:
``(a) Membership.--The National Park Foundation shall
consist of a Board having as members at least 6 private
citizens of the United States appointed by the Secretary,
with the Secretary and the Director serving as ex officio
members of the Board.''; and
(B) by striking subsection (c) and inserting the following:
``(c) Chairman.--
``(1) Selection.--The Board shall select a Chairman of the
Board from among the members of the Board.
``(2) Term.--The Chairman of the Board shall serve for a 2-
year term.''; and
(2) in section 101113(a)--
SEC. 4413. PROGRAM TO REDUCE THE POTENTIAL IMPACTS OF SOLAR
ENERGY FACILITIES ON CERTAIN SPECIES.
In carrying out a program of the Department relating to
solar energy or the conduct of solar energy projects using
funds provided by the Department, the Secretary shall
establish a program to undertake research that--
(1) identifies baseline avian populations and mortality;
and
(2) quantifies the impacts of solar energy projects on
birds, as compared to other threats to birds.
SEC. 4414. WILD HORSES IN AND AROUND THE CURRITUCK NATIONAL
WILDLIFE REFUGE.
(a) Genetic Diversity.--The Secretary of the Interior
(referred to in this section as the ``Secretary''), in
consultation with the North Carolina Department of
Environment and Natural Resources, Currituck County, North
Carolina, and the Corolla Wild Horse Fund, shall allow for
the introduction of a small number of free-roaming wild
horses from the Cape Lookout National Seashore as necessary
to ensure the genetic diversity and viability of the wild
horse population currently found in and around the Currituck
National Wildlife Refuge, consistent with--
(1) the laws (including regulations) applicable to the
Currituck National Wildlife Refuge and the Cape Lookout
National Seashore; and
(2) the December 2014 Wild Horse Management Agreement
approved by the United States Fish and Wildlife Service, the
North Carolina Department of Environment and Natural
Resources, Currituck County, North Carolina, and the Corolla
Wild Horse Fund.
(b) Agreement.--
(1) In general.--The Secretary may enter into an agreement
with the Corolla Wild Horse Fund to provide for the cost-
effective management of the horses in and around the
Currituck National Wildlife Refuge while ensuring that
natural resources within the Currituck National Wildlife
Refuge are not adversely impacted.
(2) Requirements.--The agreement entered into under
paragraph (1) shall specify that the Corolla Wild Horse Fund
shall pay the costs associated with--
(A) coordinating and conducting a periodic census, and
inspecting the health, of the horses;
(B) maintaining records of the horses living in the wild
and in confinement;
(C) coordinating and conducting the removal and placement
of horses and monitoring of any horses removed from the
Currituck County Outer Banks; and
(D) administering a viable population control plan for the
horses, including auctions, adoptions, contraceptive
fertility methods, and other viable options.
Subtitle F--Markets
SEC. 4501. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.
(a) In General.--Section 205 of the Department of Energy
Organization Act (42 U.S.C. 7135) is amended by adding at the
end the following:
``(n) Collection of Information on Critical Energy
Supplies.--
``(1) In general.--To ensure transparency of information
relating to energy infrastructure and product ownership in
the United
[[Page S2258]]
States and improve the ability to evaluate the energy
security of the United States, the Administrator, in
consultation with other Federal agencies (as necessary),
shall--
``(A) not later than 120 days after the date of enactment
of this subsection, develop and provide notice of a plan to
collect, in cooperation with the Commodity Futures Trade
Commission, information identifying all oil inventories, and
other physical oil assets (including all petroleum-based
products and the storage of such products in off-shore
tankers), that are owned by the 50 largest traders of oil
contracts (including derivative contracts), as determined by
the Commodity Futures Trade Commission; and
``(B) not later than 90 days after the date on which notice
is provided under subparagraph (A), implement the plan
described in that subparagraph.
``(2) Information.--The plan required under paragraph (1)
shall include a description of the plan of the Administrator
for collecting company-specific data, including--
``(A) volumes of product under ownership; and
``(B) storage and transportation capacity (including owned
and leased capacity).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(o) Collection of Information on Storage Capacity for Oil
and Natural Gas.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Administrator of the Energy
Information Administration shall collect information
quantifying the commercial storage capacity for oil and
natural gas in the United States.
``(2) Updates.--The Administrator shall update annually the
information required under paragraph (1).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(p) Financial Market Analysis Office.--
``(1) Establishment.--There shall be within the Energy
Information Administration a Financial Market Analysis
Office.
``(2) Duties.--The Office shall--
``(A) be responsible for analysis of the financial aspects
of energy markets;
``(B) review the reports required by section 4503(c) of the
Energy Policy Modernization Act of 2016 in advance of the
submission of the reports to Congress; and
``(C) not later than 1 year after the date of enactment of
this subsection--
``(i) make recommendations to the Administrator of the
Energy Information Administration that identify and quantify
any additional resources that are required to improve the
ability of the Energy Information Administration to more
fully integrate financial market information into the
analyses and forecasts of the Energy Information
Administration, including the role of energy futures
contracts, energy commodity swaps, and derivatives in price
formation for oil;
``(ii) conduct a review of implications of policy changes
(including changes in export or import policies) and changes
in how crude oil and refined petroleum products are
transported with respect to price formation of crude oil and
refined petroleum products; and
``(iii) notify the Committee on Energy and Natural
Resources, and the Committee on Appropriations, of the Senate
and the Committee on Energy and Commerce, and the Committee
on Appropriations, of the House of Representatives of the
recommendations described in clause (i).
``(3) Analyses.--The Administrator of the Energy
Information Administration shall take analyses by the Office
into account in conducting analyses and forecasting of energy
prices.''.
(b) Conforming Amendment.--Section 645 of the Department of
Energy Organization Act (42 U.S.C. 7255) is amended by
inserting ``(15 U.S.C. 3301 et seq.) and the Natural Gas Act
(15 U.S.C. 717 et seq.)'' after ``Natural Gas Policy Act of
1978''.
SEC. 4502. WORKING GROUP ON ENERGY MARKETS.
(a) Establishment.--There is established a Working Group on
Energy Markets (referred to in this section as the ``Working
Group'').
(b) Composition.--The Working Group shall be composed of--
(1) the Secretary;
(2) the Secretary of the Treasury;
(3) the Chairman of the Federal Energy Regulatory
Commission;
(4) the Chairman of Federal Trade Commission;
(5) the Chairman of the Securities and Exchange Commission;
(6) the Chairman of the Commodity Futures Trading
Commission; and
(7) the Administrator of the Energy Information
Administration.
(c) Chairperson.--The Secretary shall serve as the
Chairperson of the Working Group.
(d) Compensation.--A member of the Working Group shall
serve without additional compensation for the work of the
member of the Working Group.
(e) Purpose and Function.--The Working Group shall--
(1) investigate the effect of increased financial
investment in energy commodities on energy prices and the
energy security of the United States;
(2) recommend to the President and Congress laws (including
regulations) that may be needed to prevent excessive
speculation in energy commodity markets in order to prevent
or minimize the adverse impact of excessive speculation on
energy prices on consumers and the economy of the United
States; and
(3) review energy security implications of developments in
international energy markets.
(f) Administration.--The Secretary shall provide the
Working Group with such administrative and support services
as may be necessary for the performance of the functions of
the Working Group.
(g) Cooperation of Other Agencies.--The heads of Executive
departments, agencies, and independent instrumentalities
shall, to the extent permitted by law, provide the Working
Group with such information as the Working Group requires to
carry out this section.
(h) Consultation.--The Working Group shall consult, as
appropriate, with representatives of the various exchanges,
clearinghouses, self-regulatory bodies, other major market
participants, consumers, and the general public.
SEC. 4503. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.
(a) Study.--The Working Group shall conduct a study--
(1) to identify the factors that affect the pricing of
crude oil and refined petroleum products, including an
examination of the effects of market speculation on prices;
and
(2) to review and assess--
(A) existing statutory authorities relating to the
oversight and regulation of markets critical to the energy
security of the United States; and
(B) the need for additional statutory authority for the
Federal Government to effectively oversee and regulate
markets critical to the energy security of the United States.
(b) Elements of Study.--The study shall include--
(1) an examination of price formation of crude oil and
refined petroleum products;
(2) an examination of relevant international regulatory
regimes; and
(3) an examination of the degree to which changes in energy
market transparency, liquidity, and structure have influenced
or driven abuse, manipulation, excessive speculation, or
inefficient price formation.
(c) Report and Recommendations.--The Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House
of Representatives quarterly progress reports during the
conduct of the study under this section, and a final report
not later than 1 year after the date of enactment of this
Act, that--
(1) describes the results of the study; and
(2) provides options and the recommendations of the Working
Group for appropriate Federal coordination of oversight and
regulatory actions to ensure transparency of crude oil and
refined petroleum product pricing and the elimination of
excessive speculation, including recommendations on data
collection and analysis to be carried out by the Financial
Market Analysis Office established by section 205(p) of the
Department of Energy Organization Act (42 U.S.C. 7135(p)).
Subtitle G--Affordability
SEC. 4601. E-PRIZE COMPETITION PILOT PROGRAM.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by adding at the end the following:
``(g) E-prize Competition Pilot Program.--
``(1) Definitions.--In this section:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) a private sector for-profit or nonprofit entity;
``(ii) a public-private partnership; or
``(iii) a local, municipal, or tribal governmental entity.
``(B) High-cost region.--The term `high-cost region' means
a region in which the average annual unsubsidized costs of
electrical power retail rates or household space heating
costs per square foot exceed 150 percent of the national
average, as determined by the Secretary.
``(2) E-prize competition pilot program.--
``(A) In general.--The Secretary shall establish an e-prize
competition or challenge pilot program to broadly implement
sustainable community and regional energy solutions that seek
to reduce energy costs through increased efficiency,
conservation, and technology innovation in high-cost regions.
``(B) Selection.--In carrying out the pilot program under
subparagraph (A), the Secretary shall award a prize purse, in
amounts to be determined by the Secretary, to each eligible
entity selected through 1 or more of the following
competitions or challenges:
``(i) A point solution competition that rewards and spurs
the development of solutions for a particular, well-defined
problem.
``(ii) An exposition competition that helps identify and
promote a broad range of ideas and practices that may not
otherwise attract attention, facilitating further development
of the idea or practice by third parties.
``(iii) A participation competition that creates value
during and after the competition by encouraging contestants
to change their behavior or develop new skills that may have
beneficial effects during and after the competition.
``(iv) Such other types of prizes or challenges as the
Secretary, in consultation with
[[Page S2259]]
relevant heads of Federal agencies, considers appropriate to
stimulate innovation that has the potential to advance the
mission of the applicable Federal agency.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000,
to remain available until expended.''.
SEC. 4602. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) (as amended by section 4601) is amended by adding at
the end the following:
``(h) Carbon Dioxide Capture Technology Prize.--
``(1) Definitions.--In this subsection:
``(A) Board.--The term `Board' means the Carbon Dioxide
Capture Technology Advisory Board established by paragraph
(6).
``(B) Dilute.--The term `dilute' means a concentration of
less than 1 percent by volume.
``(C) Intellectual property.--The term `intellectual
property' means--
``(i) an invention that is patentable under title 35,
United States Code; and
``(ii) any patent on an invention described in clause (i).
``(D) Secretary.--The term `Secretary' means the Secretary
of Energy or designee, in consultation with the Board.
``(2) Authority.--Not later than 1 year after the date of
enactment of this subsection, as part of the program carried
out under this section, the Secretary shall establish and
award competitive technology financial awards for carbon
dioxide capture from media in which the concentration of
carbon dioxide is dilute.
``(3) Duties.--In carrying out this subsection, the
Secretary shall--
``(A) subject to paragraph (4), develop specific
requirements for--
``(i) the competition process;
``(ii) minimum performance standards for qualifying
projects; and
``(iii) monitoring and verification procedures for approved
projects;
``(B) establish minimum levels for the capture of carbon
dioxide from a dilute medium that are required to be achieved
to qualify for a financial award described in subparagraph
(C);
``(C) offer financial awards for--
``(i) a design for a promising capture technology;
``(ii) a successful bench-scale demonstration of a capture
technology;
``(iii) a design for a technology described in clause (i)
that will--
``(I) be operated on a demonstration scale; and
``(II) achieve significant reduction in the level of carbon
dioxide; and
``(iv) an operational capture technology on a commercial
scale that meets the minimum levels described in subparagraph
(B); and
``(D) submit to Congress--
``(i) an annual report that describes the progress made by
the Board and recipients of financial awards under this
subsection in achieving the demonstration goals established
under subparagraph (C); and
``(ii) not later than 1 year after the date of enactment of
this subsection, a report on the adequacy of authorized
funding levels in this subsection.
``(4) Public participation.--In carrying out paragraph
(3)(A), the Board shall--
``(A) provide notice of and, for a period of at least 60
days, an opportunity for public comment on, any draft or
proposed version of the requirements described in paragraph
(3)(A); and
``(B) take into account public comments received in
developing the final version of those requirements.
``(5) Peer review.--No financial awards may be provided
under this subsection until the proposal for which the award
is sought has been peer reviewed in accordance with such
standards for peer review as are established by the
Secretary.
``(6) Carbon dioxide capture technology advisory board.--
``(A) Establishment.--There is established an advisory
board to be known as the `Carbon Dioxide Capture Technology
Advisory Board'.
``(B) Composition.--The Board shall be composed of 9
members appointed by the President, who shall provide
expertise in--
``(i) climate science;
``(ii) physics;
``(iii) chemistry;
``(iv) biology;
``(v) engineering;
``(vi) economics;
``(vii) business management; and
``(viii) such other disciplines as the Secretary determines
to be necessary to achieve the purposes of this subsection.
``(C) Term; vacancies.--
``(i) Term.--A member of the Board shall serve for a term
of 6 years.
``(ii) Vacancies.--A vacancy on the Board--
``(I) shall not affect the powers of the Board; and
``(II) shall be filled in the same manner as the original
appointment was made.
``(D) Initial meeting.--Not later than 30 days after the
date on which all members of the Board have been appointed,
the Board shall hold the initial meeting of the Board.
``(E) Meetings.--The Board shall meet at the call of the
Chairperson.
``(F) Quorum.--A majority of the members of the Board shall
constitute a quorum, but a lesser number of members may hold
hearings.
``(G) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(H) Compensation.--Each member of the Board may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level V
of the Executive Schedule for each day during which the
member is engaged in the actual performance of the duties of
the Board.
``(I) Duties.--The Board shall advise the Secretary on
carrying out the duties of the Secretary under this
subsection.
``(7) Intellectual property.--
``(A) In general.--As a condition of receiving a financial
award under this subsection, an applicant shall agree to vest
the intellectual property of the applicant derived from the
technology in 1 or more entities that are incorporated in the
United States.
``(B) Reservation of license.--The United States--
``(i) may reserve a nonexclusive, nontransferable,
irrevocable, paid-up license, to have practiced for or on
behalf of the United States, in connection with any
intellectual property described in subparagraph (A); but
``(ii) shall not, in the exercise of a license reserved
under clause (i), publicly disclose proprietary information
relating to the license.
``(C) Transfer of title.--Title to any intellectual
property described in subparagraph (A) shall not be
transferred or passed, except to an entity that is
incorporated in the United States, until the expiration of
the first patent obtained in connection with the intellectual
property.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$50,000,000, to remain available until expended.
``(9) Termination of authority.--The Board and all
authority provided under this subsection shall terminate on
December 31, 2026.''.
Subtitle H--Code Maintenance
SEC. 4701. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.
(a) Repeal.--Part I of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6373) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 89
Stat. 871) is amended--
(1) by striking the item relating to part I of title III;
and
(2) by striking the item relating to section 385.
SEC. 4702. REPEAL OF METHANOL STUDY.
Section 400EE of the Energy Policy and Conservation Act (42
U.S.C. 6374d) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 4703. REPEAL OF AUTHORIZATION OF APPROPRIATIONS
PROVISION.
(a) Repeal.--Section 208 of the Energy Conservation and
Production Act (42 U.S.C. 6808) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1126) is amended by striking the item relating to
section 208.
SEC. 4704. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS
STUDY.
(a) Repeal.--Section 253 of the National Energy
Conservation Policy Act (42 U.S.C. 8232) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 253.
SEC. 4705. REPEAL OF WEATHERIZATION STUDY.
(a) Repeal.--Section 254 of the National Energy
Conservation Policy Act (42 U.S.C. 8233) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 254.
SEC. 4706. REPEAL OF REPORT TO CONGRESS.
(a) Repeal.--Section 273 of the National Energy
Conservation Policy Act (42 U.S.C. 8236b) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 273.
SEC. 4707. REPEAL OF REPORT BY GENERAL SERVICES
ADMINISTRATION.
(a) Repeal.--Section 154 of the Energy Policy Act of 1992
(42 U.S.C. 8262a) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 154.
(2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C.
8262e) is amended by striking subsection (c).
SEC. 4708. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT
PLANNING AND COORDINATION WORKSHOPS.
(a) Repeal.--Section 156 of the Energy Policy Act of 1992
(42 U.S.C. 8262b) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
156.
[[Page S2260]]
SEC. 4709. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND
PRESIDENT'S COUNCIL ON INTEGRITY AND EFFICIENCY
REPORT TO CONGRESS.
(a) Repeal.--Section 160 of the Energy Policy Act of 1992
(42 U.S.C. 8262f) is amended by striking the section
designation and heading and all that follows through ``(c)
Inspector General Review.--Each Inspector General'' and
inserting the following:
``SEC. 160. INSPECTOR GENERAL REVIEW.
``Each Inspector General''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section 160
and inserting the following:
``Sec. 160. Inspector General review...........................''.....
SEC. 4710. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY
EFFICIENT PRODUCTS PROGRAM.
(a) Repeal.--Section 161 of the Energy Policy Act of 1992
(42 U.S.C. 8262g) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
161.
SEC. 4711. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND
RESPONSE.
(a) Repeal.--Part 5 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8279 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206; 121 Stat. 1665) is amended--
(1) by striking the item relating to part 5 of title V; and
(2) by striking the item relating to section 571.
SEC. 4712. REPEAL OF NATIONAL COAL POLICY STUDY.
(a) Repeal.--Section 741 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8451) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 741.
SEC. 4713. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL
ELECTRIC UTILITY SYSTEMS.
(a) Repeal.--Section 744 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8454) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 744.
SEC. 4714. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF
INCREASED COAL PRODUCTION AND OTHER ENERGY
DEVELOPMENT.
(a) Repeal.--Section 746 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8456) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 746.
SEC. 4715. REPEAL OF STUDY OF THE USE OF PETROLEUM AND
NATURAL GAS IN COMBUSTORS.
(a) Repeal.--Section 747 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8457) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 747.
SEC. 4716. REPEAL OF SUBMISSION OF REPORTS.
(a) Repeal.--Section 807 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 807.
SEC. 4717. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.
(a) Repeal.--Section 808 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 808.
(2) Report on implementation.--Section 712 of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
8422) is amended--
(A) by striking ``(a) Generally.--''; and
(B) by striking subsection (b).
SEC. 4718. EMERGENCY ENERGY CONSERVATION REPEALS.
(a) Repeals.--
(1) Section 201 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8501) is amended--
(A) in the section heading, by striking ``findings and'';
and
(B) by striking subsection (a).
(2) Section 221 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8521) is repealed.
(3) Section 222 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8522) is repealed.
(4) 241 of the Emergency Energy Conservation Act of 1979
(42 U.S.C. 8531) is repealed.
(b) Conforming Amendment.--The table of contents for the
Emergency Energy Conservation Act of 1979 (Public Law 96-102;
93 Stat. 749) is amended--
(1) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Purposes.''; and
(2) by striking the items relating to sections 221, 222,
and 241.
SEC. 4719. ENERGY SECURITY ACT REPEALS.
(a) Biomass Energy Development Plans.--Subtitle A of title
II of the Energy Security Act (42 U.S.C. 8811 et seq.) is
repealed.
(b) Municipal Waste Biomass Energy.--Subtitle B of title II
of the Energy Security Act (42 U.S.C. 8831 et seq.) is
repealed.
(c) Use of Gasohol in Federal Motor Vehicles.--Section 271
of the Energy Security Act (42 U.S.C. 8871) is repealed.
(d) Conforming Amendments.--
(1) The table of contents for the Energy Security Act
(Public Law 96-294; 94 Stat. 611) is amended--
(A) by striking the items relating to subtitle A and B of
title II;
(B) by striking the item relating to section 204 and
inserting the following:
``Sec. 204. Funding........................................''; and....
(C) by striking the item relating to section 271.
(2) Section 203 of the Biomass Energy and Alcohol Fuels Act
of 1980 (42 U.S.C. 8802) is amended--
(A) by striking paragraph (16); and
(B) by redesignating paragraphs (17) through (19) as
paragraphs (16) through (18), respectively.
(3) Section 204 of the Energy Security Act (42 U.S.C. 8803)
is amended--
(A) in the section heading, by striking ``for subtitles a
and b''; and
(B) in subsection (a)--
(i) in paragraph (1), by adding ``and'' after the semicolon
at the end;
(ii) in paragraph (2), by striking ``; and'' at the end and
inserting a period; and
(iii) by striking paragraph (3).
SEC. 4720. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACT OF 1980 REPEALS.
Sections 5 and 6 of the Nuclear Safety Research,
Development, and Demonstration Act of 1980 (42 U.S.C. 9704,
9705) are repealed.
SEC. 4721. ELIMINATION AND CONSOLIDATION OF CERTAIN AMERICA
COMPETES PROGRAMS.
(a) Elimination of Program Authorities.--
(1) Nuclear science talent expansion program for
institutions of higher education.--Section 5004 of the
America COMPETES Act (42 U.S.C. 16532) is repealed.
(2) Hydrocarbon systems science talent expansion program
for institutions of higher education.--
(A) In general.--Section 5005(e) of the America COMPETES
Act (42 U.S.C. 16533(e)) is repealed.
(B) Conforming amendments.--Section 5005(f) of the America
COMPETES Act (42 U.S.C. 16533(f)) is amended--
(i) by striking paragraph (2);
(ii) by striking the subsection designation and heading and
all that follows through ``There are'' in paragraph (1) and
inserting the following:
``(e) Authorization of Appropriations.--There are''; and
(iii) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively, and indenting
appropriately.
(3) Discovery science and engineering innovation
institutes.--Section 5008 of the America COMPETES Act (42
U.S.C. 16535) is repealed.
(4) Elimination of duplicative authority for education
programs.--Sections 3181 and 3185 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381l, 42 U.S.C.
7381n) are repealed.
(5) Mentoring program.--Section 3195 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381r) is
repealed.
(b) Repeal of Authorizations.--
(1) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended by
striking subsection (h).
(2) Distinguished scientist program.--Section 5011 of the
America COMPETES Act (42 U.S.C. 16537) is amended by striking
subsection (j).
(3) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended by striking subsection (f).
(c) Consolidation of Duplicative Program Authorities.--
(1) University nuclear science and engineering support.--
Section 954 of the Energy Policy Act of 2005 (42 U.S.C.
16274) is amended--
(A) in subsection (a), by inserting ``nuclear chemistry,''
after ``nuclear engineering,''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(ii) by inserting after paragraph (2) the following:
``(3) award grants, not to exceed 5 years in duration, to
institutions of higher education with existing academic
degree programs in nuclear sciences and related fields--
``(A) to increase the number of graduates in nuclear
science and related fields;
``(B) to enhance the teaching and research of advanced
nuclear technologies;
``(C) to undertake collaboration with industry and National
Laboratories; and
[[Page S2261]]
``(D) to bolster or sustain nuclear infrastructure and
research facilities of institutions of higher education, such
as research and training reactors and laboratories;''.
(2) Consolidation of department of energy early career
awards for science, engineering, and mathematics researchers
program and distinguished scientist program.--
(A) Funding.--Section 971(c) of the Energy Policy Act of
2005 (42 U.S.C. 16311(c)) is amended by adding at the end the
following:
``(8) For the Department of Energy early career awards for
science, engineering, and mathematics researchers program
under section 5006 of the America COMPETES Act (42 U.S.C.
16534) and the distinguished scientist program under section
5011 of that Act (42 U.S.C. 16537), $150,000,000 for each of
fiscal years 2016 through 2020, of which not more than 65
percent of the amount made available for a fiscal year under
this paragraph may be used to carry out section 5006 or 5011
of that Act.''.
(B) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended--
(i) in subsection (b)(1)--
(I) in the matter preceding subparagraph (A)--
(aa) by inserting ``average'' before ``amount''; and
(bb) by inserting ``for each year'' before ``shall'';
(II) in subparagraph (A), by striking ``$80,000'' and
inserting ``$190,000''; and
(III) in subparagraph (B), by striking ``$125,000'' and
inserting ``$490,000'';
(ii) in subsection (c)(1)(C)--
(I) in clause (i)--
(aa) by striking ``assistant professor or equivalent
title'' and inserting ``untenured assistant or associate
professor''; and
(bb) by inserting ``or'' after the semicolon at the end;
(II) by striking clause (ii); and
(III) by redesignating clause (iii) as clause (ii);
(iii) in subsection (d), by striking ``on a competitive,
merit-reviewed basis'' and inserting ``through a competitive
process using merit-based peer review.'';
(iv) in subsection (e)--
(I) by striking ``(e)'' and all that follows through ``To
be eligible'' and inserting the following:
``(e) Selection Process and Criteria.--To be eligible'';
and
(II) by striking paragraph (2); and
(v) in subsection (f)(1), by striking ``nonprofit,
nondegree-granting research organizations'' and inserting
``National Laboratories''.
(3) Science education programs.--Section 3164 of the
Department of Energy Science Education Enhancement Act (42
U.S.C. 7381a) is amended--
(A) in subsection (b)--
(i) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--The Director of the Office of Science
(referred to in this subsection as the `Director') shall
provide for appropriate coordination of science, technology,
engineering, and mathematics education programs across all
functions of the Department.
``(2) Administration.--In carrying out paragraph (1), the
Director shall--
``(A) consult with--
``(i) the Assistant Secretary of Energy with responsibility
for energy efficiency and renewable energy programs; and
``(ii) the Deputy Administrator for Defense Programs of the
National Nuclear Security Administration; and
``(B) seek to increase the participation and advancement of
women and underrepresented minorities at every level of
science, technology, engineering, and mathematics
education.''; and
(ii) in paragraph (3)--
(I) in subparagraph (D), by striking ``and'' at the end;
(II) by redesignating subparagraph (E) as subparagraph (F);
and
(III) by inserting after subparagraph (D) the following:
``(E) represent the Department as the principal interagency
liaison for all coordination activities under the President
for science, technology, engineering, and mathematics
education programs; and''; and
(B) in subsection (d)--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Report.--Not later than 180 days after the date of
enactment of this subparagraph, the Director shall submit a
report describing the impact of the activities assisted with
the Fund established under paragraph (1) to--
``(A) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.''.
(4) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended--
(A) in subsection (c)--
(i) in paragraph (1) by striking ``, involving'' and all
that follows through ``Secretary''; and
(ii) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to demonstrate excellent academic performance and
understanding of scientific or technical subjects; and'';
(B) in subsection (d)(1)(B)(i), by inserting ``full or
partial'' before ``graduate tuition''; and
(C) in subsection (e), in the matter preceding paragraph
(1), by striking ``Director of Science, Engineering, and
Mathematics Education'' and inserting ``Director of the
Office of Science.''.
(d) Conforming Amendments.--The table of contents for the
America COMPETES ACT (Public Law 110-69; 121 Stat. 573) is
amended by striking the items relating to sections 5004 and
5008.
SEC. 4722. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.
(a) Repeal.--Section 207 of the Energy Conservation and
Production Act (42 U.S.C. 6807) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1126) is amended by striking the item relating to
section 207.
SEC. 4723. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.
(a) Repeal.--Section 550 of the National Energy
Conservation Policy Act (42 U.S.C. 8258b) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the National Energy
Conservation Policy Act (Public Law 95-619; 92 Stat. 3206;
106 Stat. 2851) is amended by striking the item relating to
section 550.
(2) Section 543(d)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``,
incorporating any relevant information obtained from the
survey conducted pursuant to section 550''.
SEC. 4724. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.
(a) Repeal.--Part 4 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8271 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended--
(1) by striking the item relating to part 4 of title V; and
(2) by striking the items relating to sections 561 through
569.
SEC. 4725. REPEAL OF ENERGY AUDITOR TRAINING AND
CERTIFICATION.
(a) Repeal.--Subtitle F of title V of the Energy Security
Act (42 U.S.C. 8285 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Security Act (Public Law 96-294; 94 Stat. 611) is
amended by striking the items relating to subtitle F of title
V.
SEC. 4726. REPEAL OF AUTHORIZATION OF APPROPRIATIONS.
(a) Repeal.--Subtitle F of title VII of the Powerplant and
Industrial Fuel Use Act of 1978 (42 U.S.C. 8461) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to subtitle F of title VII.
SEC. 4727. REPEAL OF RENEWABLE ENERGY AND ENERGY EFFICIENCY
TECHNOLOGY COMPETITIVENESS ACT OF 1989.
(a) Repeal.--The Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et
seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 6(b)(3) of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5905(b)(3))
is amended--
(A) in subparagraph (Q), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (R); and
(C) by redesignating subparagraph (S) as subparagraph (R).
(2) Section 1204 of the Energy Policy Act of 1992 (42
U.S.C. 13313) is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with'' and all that follows through ``under section 6 of the
Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989,''; and
(B) in subsection (c), by striking ``, in consultation with
the Advisory Committee,''.
SEC. 4728. REPEAL OF HYDROGEN RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
The Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is
repealed.
SEC. 4729. REPEAL OF STUDY ON ALTERNATIVE FUEL USE IN NONROAD
VEHICLES AND ENGINES.
(a) In General.--Section 412 of the Energy Policy Act of
1992 (42 U.S.C. 13238) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
412.
SEC. 4730. REPEAL OF LOW INTEREST LOAN PROGRAM FOR SMALL
BUSINESS FLEET PURCHASES.
(a) In General.--Section 414 of the Energy Policy Act of
1992 (42 U.S.C. 13239) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
414.
[[Page S2262]]
SEC. 4731. REPEAL OF TECHNICAL AND POLICY ANALYSIS FOR
REPLACEMENT FUEL DEMAND AND SUPPLY INFORMATION.
(a) In General.--Section 506 of the Energy Policy Act of
1992 (42 U.S.C. 13256) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 506.
(2) Section 507(m) of the Energy Policy Act of 1992 (42
U.S.C. 13257(m)) is amended by striking ``and section 506''.
SEC. 4732. REPEAL OF 1992 REPORT ON CLIMATE CHANGE.
(a) In General.--Section 1601 of the Energy Policy Act of
1992 (42 U.S.C. 13381) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 1601.
(2) Section 1602(a) of the Energy Policy Act of 1992 (42
U.S.C. 13382(a)) is amended, in the matter preceding
paragraph (1), in the third sentence, by striking ``the
report required under section 1601 and''.
SEC. 4733. REPEAL OF DIRECTOR OF CLIMATE PROTECTOR
ESTABLISHMENT.
(a) In General.--Section 1603 of the Energy Policy Act of
1992 (42 U.S.C. 13383) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
1603.
SEC. 4734. REPEAL OF 1994 REPORT ON GLOBAL CLIMATE CHANGE
EMISSIONS.
(a) In General.--Section 1604 of the Energy Policy Act of
1992 (42 U.S.C. 13384) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
1604.
SEC. 4735. REPEAL OF TELECOMMUTING STUDY.
(a) In General.--Section 2028 of the Energy Policy Act of
1992 (42 U.S.C. 13438) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
2028.
SEC. 4736. REPEAL OF ADVANCED BUILDINGS FOR 2005 PROGRAM.
(a) In General.--Section 2104 of the Energy Policy Act of
1992 (42 U.S.C. 13454) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 2104.
(2) Section 2101(a) of the Energy Policy Act of 1992 (42
U.S.C. 13451(a)) is amended, in the third sentence, by
striking ``2104,''.
SEC. 4737. REPEAL OF ENERGY RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION
ADVISORY BOARD.
(a) In General.--Section 2302 of the Energy Policy Act of
1992 (42 U.S.C. 13522) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 2302.
(2) Section 6 of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5905) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with the Advisory Board established under section 2302 of the
Energy Policy Act of 1992,'';
(B) in subsection (b)--
(i) in paragraph (1), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(ii) in paragraph (2), in the second sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(C) in subsection (c), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''.
(3) Section 2011(c) of the Energy Policy Act of 1992 (42
U.S.C. 13411(c)) is amended, in the second sentence, by
striking ``, and with the Advisory Board established under
section 2302''.
(4) Section 2304 of the Energy Policy Act of 1992 (42
U.S.C. 13523), is amended--
(A) in subsection (a), by striking ``, in consultation with
the Advisory Board established under section 2302,''; and
(B) in subsection (c), in the matter preceding paragraph
(1), in the first sentence, by striking ``, with the advice
of the Advisory Board established under section 2302 of this
Act,''.
SEC. 4738. REPEAL OF STUDY ON USE OF ENERGY FUTURES FOR FUEL
PURCHASE.
(a) In General.--Section 3014 of the Energy Policy Act of
1992 (42 U.S.C. 13552) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
3014.
SEC. 4739. REPEAL OF ENERGY SUBSIDY STUDY.
(a) In General.--Section 3015 of the Energy Policy Act of
1992 (42 U.S.C. 13553) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
3015.
SEC. 4740. MODERNIZATION OF TERMS RELATING TO MINORITIES.
(a) Office of Minority Economic Impact.--Section 211(f)(1)
of the Department of Energy Organization Act (42 U.S.C.
7141(f)(1)) is amended by striking ``a Negro, Puerto Rican,
American Indian, Eskimo, Oriental, or Aleut or is a Spanish
speaking individual of Spanish descent'' and inserting
``Asian American, Native Hawaiian, a Pacific Islander,
African-American, Hispanic, Puerto Rican, Native American, or
an Alaska Native''.
(b) Minority Business Enterprises.--Section 106(f)(2) of
the Local Public Works Capital Development and Investment Act
of 1976 (42 U.S.C. 6705(f)(2)) is amended in the third
sentence by striking ``Negroes, Spanish-speaking, Orientals,
Indians, Eskimos, and Aleuts'' and inserting ``Asian
American, Native Hawaiian, Pacific Islanders, African-
American, Hispanic, Native American, or Alaska Natives''.
TITLE V--CONSERVATION REAUTHORIZATION
SEC. 5001. NATIONAL PARK SERVICE MAINTENANCE AND
REVITALIZATION CONSERVATION FUND.
(a) In General.--Chapter 1049 of title 54, United States
Code, is amended by adding at the end the following:
``Sec. 104908. National Park Service Maintenance and
Revitalization Conservation Fund
``(a) In General.--There is established in the Treasury a
fund, to be known as the `National Park Service Critical
Maintenance and Revitalization Conservation Fund' (referred
to in this section as the `Fund').
``(b) Deposits to Fund.--Notwithstanding any provision of
law providing that the proceeds shall be credited to
miscellaneous receipts of the Treasury, for each fiscal year,
there shall be deposited in the Fund, from revenues due and
payable to the United States under section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) $150,000,000.
``(c) Use and Availability.--
``(1) In general.--Amounts deposited in the Fund shall--
``(A) be used only for the purposes described in subsection
(d); and
``(B) be available for expenditure only after the amounts
are appropriated for those purposes.
``(2) Availability.--Any amounts in the Fund not
appropriated shall remain available in the Fund until
appropriated.
``(3) No limitation.--Appropriations from the Fund pursuant
to this section may be made without fiscal year limitation.
``(d) National Park System Critical Deferred Maintenance.--
The Secretary shall use amounts appropriated from the Fund
for high-priority deferred maintenance needs of the Service
that support critical infrastructure and visitor services.
``(e) Land Acquisition Prohibition.--Amounts in the Fund
shall not be used for land acquisition.''.
(b) Clerical Amendment.--The table of sections for chapter
1049 of title 54, United States Code, is amended by inserting
after the item relating to section 104907 the following:
``Sec. 104908. National Park Service Maintenance and Revitalization
Conservation Fund.''.
SEC. 5002. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United
States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30,
2018, there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2018''.
(b) Allocation of Funds.--Section 200304 of title 54,
United States Code, is amended--
(1) by striking ``There'' and inserting ``(a) In General.--
There''; and
(2) by striking the second sentence and inserting the
following:
``(b) Allocation.--Of the appropriations from the Fund--
``(1) not less than 40 percent shall be used collectively
for Federal purposes under section 200306;
``(2) not less than 40 percent shall be used collectively--
``(A) to provide financial assistance to States under
section 200305;
``(B) for the Forest Legacy Program established under
section 7 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103c);
``(C) for cooperative endangered species grants authorized
under section 6 of the Endangered Species Act of 1973 (16
U.S.C. 1535); and
``(D) for the American Battlefield Protection Program
established under chapter 3081; and
``(3) not less than 1.5 percent or $10,000,000, whichever
is greater, shall be used for projects that secure
recreational public access to Federal public land for
hunting, fishing, or other recreational purposes.''.
(c) Conservation Easements.--Section 200306 of title 54,
United States Code, is amended by adding at the end the
following:
[[Page S2263]]
``(c) Conservation Easements.--The Secretary and the
Secretary of Agriculture shall consider the acquisition of
conservation easements and other similar interests in land
where appropriate and feasible.''.
(d) Acquisition Considerations.--Section 200306 of title
54, United States Code (as amended by subsection (c)), is
amended by adding at the end the following:
``(d) Acquisition Considerations.--The Secretary and the
Secretary of Agriculture shall take into account the
following in determining the land or interests in land to
acquire:
``(1) Management efficiencies.
``(2) Management cost savings.
``(3) Geographic distribution.
``(4) Significance of the acquisition.
``(5) Urgency of the acquisition.
``(6) Threats to the integrity of the land to be acquired.
``(7) The recreational value of the land.''.
SEC. 5003. HISTORIC PRESERVATION FUND.
Section 303102 of title 54, United States Code, is amended
by striking ``of fiscal years 2012 to 2015'' and inserting
``fiscal year''.
SEC. 5004. CONSERVATION INCENTIVES LANDOWNER EDUCATION
PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Interior shall
establish a conservation incentives landowner education
program (referred to in this section as the ``program'').
(b) Purpose of Program.--The program shall provide
information on Federal conservation programs available to
landowners interested in undertaking conservation actions on
the land of the landowners, including options under each
conservation program available to achieve the conservation
goals of the program, such as--
(1) fee title land acquisition;
(2) donation; and
(3) perpetual and term conservation easements or
agreements.
(c) Availability.--The Secretary of the Interior shall
ensure that the information provided under the program is
made available to--
(1) interested landowners; and
(2) the public.
(d) Notification.--In any case in which the Secretary of
the Interior contacts a landowner directly about
participation in a Federal conservation program, the
Secretary shall, in writing--
(1) notify the landowner of the program; and
(2) make available information on the conservation program
options that may be available to the landowner.
TITLE VI--INDIAN TRIBAL ENERGY DEVELOPMENT AND SELF-DETERMINATION
SECTION 6001. SHORT TITLE.
This title may be cited as the ``Indian Tribal Energy
Development and Self-Determination Act Amendments of 2016''.
Subtitle A--Indian Tribal Energy Development and Self-determination Act
Amendments
SEC. 6011. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.
(a) In General.--Section 2602(a) of the Energy Policy Act
of 1992 (25 U.S.C. 3502(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' after the
semicolon;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) consult with each applicable Indian tribe before
adopting or approving a well spacing program or plan
applicable to the energy resources of that Indian tribe or
the members of that Indian tribe.''; and
(2) by adding at the end the following:
``(4) Planning.--
``(A) In general.--In carrying out the program established
by paragraph (1), the Secretary shall provide technical
assistance to interested Indian tribes to develop energy
plans, including--
``(i) plans for electrification;
``(ii) plans for oil and gas permitting, renewable energy
permitting, energy efficiency, electricity generation,
transmission planning, water planning, and other planning
relating to energy issues;
``(iii) plans for the development of energy resources and
to ensure the protection of natural, historic, and cultural
resources; and
``(iv) any other plans that would assist an Indian tribe in
the development or use of energy resources.
``(B) Cooperation.--In establishing the program under
paragraph (1), the Secretary shall work in cooperation with
the Office of Indian Energy Policy and Programs of the
Department of Energy.''.
(b) Department of Energy Indian Energy Education Planning
and Management Assistance Program.--Section 2602(b)(2) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, intertribal organization,'' after ``Indian tribe'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following:
``(C) activities to increase the capacity of Indian tribes
to manage energy development and energy efficiency
programs;''.
(c) Department of Energy Loan Guarantee Program.--Section
2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c))
is amended--
(1) in paragraph (1), by inserting ``or a tribal energy
development organization'' after ``Indian tribe'';
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``guarantee'' and inserting ``guaranteed'';
(B) in subparagraph (A), by striking ``or'';
(C) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(C) a tribal energy development organization, from funds
of the tribal energy development organization.''; and
(3) in paragraph (5), by striking ``The Secretary of Energy
may'' and inserting ``Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2016, the Secretary of Energy
shall''.
SEC. 6012. INDIAN TRIBAL ENERGY RESOURCE REGULATION.
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C.
3503(c)) is amended--
(1) in paragraph (1), by striking ``on the request of an
Indian tribe, the Indian tribe'' and inserting ``on the
request of an Indian tribe or a tribal energy development
organization, the Indian tribe or tribal energy development
organization''; and
(2) in paragraph (2)(B), by inserting ``or tribal energy
development organization'' after ``Indian tribe''.
SEC. 6013. TRIBAL ENERGY RESOURCE AGREEMENTS.
(a) Amendment.--Section 2604 of the Energy Policy Act of
1992 (25 U.S.C. 3504) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or'' after the
semicolon at the end;
(ii) in subparagraph (B)--
(I) by striking clause (i) and inserting the following:
``(i) an electric production, generation, transmission, or
distribution facility (including a facility that produces
electricity from renewable energy resources) located on
tribal land; or''; and
(II) in clause (ii)--
(aa) by inserting ``, at least a portion of which have
been'' after ``energy resources'';
(bb) by inserting ``or produced from'' after ``developed
on''; and
(cc) by striking ``and'' after the semicolon at the end and
inserting ``or''; and
(iii) by adding at the end the following:
``(C) pooling, unitization, or communitization of the
energy mineral resources of the Indian tribe located on
tribal land with any other energy mineral resource (including
energy mineral resources owned by the Indian tribe or an
individual Indian in fee, trust, or restricted status or by
any other persons or entities) if the owner, or, if
appropriate, lessee, of the resources has consented or
consents to the pooling, unitization, or communitization of
the other resources under any lease or agreement; and''; and
(B) by striking paragraph (2) and inserting the following:
``(2) a lease or business agreement described in paragraph
(1) shall not require review by, or the approval of, the
Secretary under section 2103 of the Revised Statutes (25
U.S.C. 81), or any other provision of law (including
regulations), if the lease or business agreement--
``(A) was executed--
``(i) in accordance with the requirements of a tribal
energy resource agreement in effect under subsection (e)
(including the periodic review and evaluation of the
activities of the Indian tribe under the agreement, to be
conducted pursuant to subparagraphs (D) and (E) of subsection
(e)(2)); or
``(ii) by the Indian tribe and a tribal energy development
organization for which the Indian tribe has obtained a
certification pursuant to subsection (h); and
``(B) has a term that does not exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the production of oil
resources, gas resources, or both, 10 years and as long
thereafter as oil or gas is produced in paying quantities.'';
(2) by striking subsection (b) and inserting the following:
``(b) Rights-of-Way.--An Indian tribe may grant a right-of-
way over tribal land without review or approval by the
Secretary if the right-of-way--
``(1) serves--
``(A) an electric production, generation, transmission, or
distribution facility (including a facility that produces
electricity from renewable energy resources) located on
tribal land;
``(B) a facility located on tribal land that extracts,
produces, processes, or refines energy resources; or
``(C) the purposes, or facilitates in carrying out the
purposes, of any lease or agreement entered into for energy
resource development on tribal land;
``(2) was executed--
``(A) in accordance with the requirements of a tribal
energy resource agreement in effect under subsection (e)
(including the periodic review and evaluation of the
activities of the Indian tribe under the agreement, to be
conducted pursuant to subparagraphs (D) and (E) of subsection
(e)(2)); or
``(B) by the Indian tribe and a tribal energy development
organization for which the Indian tribe has obtained a
certification pursuant to subsection (h); and
[[Page S2264]]
``(3) has a term that does not exceed 30 years.'';
(3) by striking subsection (d) and inserting the following:
``(d) Validity.--No lease or business agreement entered
into, or right-of-way granted, pursuant to this section shall
be valid unless the lease, business agreement, or right-of-
way is authorized by subsection (a) or (b).'';
(4) in subsection (e)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Authorization.--On or after the date of enactment of
the Indian Tribal Energy Development and Self-Determination
Act Amendments of 2016, a qualified Indian tribe may submit
to the Secretary a tribal energy resource agreement governing
leases, business agreements, and rights-of-way under this
section.
``(B) Notice of complete proposed agreement.--Not later
than 60 days after the date on which the tribal energy
resource agreement is submitted under subparagraph (A), the
Secretary shall--
``(i) notify the Indian tribe as to whether the agreement
is complete or incomplete;
``(ii) if the agreement is incomplete, notify the Indian
tribe of what information or documentation is needed to
complete the submission; and
``(iii) identify and notify the Indian tribe of the
financial assistance, if any, to be provided by the Secretary
to the Indian tribe to assist in the implementation of the
tribal energy resource agreement, including the environmental
review of individual projects.
``(C) Effect.--Nothing in this paragraph precludes the
Secretary from providing any financial assistance at any time
to the Indian tribe to assist in the implementation of the
tribal energy resource agreement.'';
(B) in paragraph (2)--
(i) by striking ``(2)(A)'' and all that follows through the
end of subparagraph (A) and inserting the following:
``(2) Procedure.--
``(A) Effective date.--
``(i) In general.--On the date that is 271 days after the
date on which the Secretary receives a tribal energy resource
agreement from a qualified Indian tribe under paragraph (1),
the tribal energy resource agreement shall take effect,
unless the Secretary disapproves the tribal energy resource
agreement under subparagraph (B).
``(ii) Revised tribal energy resource agreement.--On the
date that is 91 days after the date on which the Secretary
receives a revised tribal energy resource agreement from a
qualified Indian tribe under paragraph (4)(B), the revised
tribal energy resource agreement shall take effect, unless
the Secretary disapproves the revised tribal energy resource
agreement under subparagraph (B).'';
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and all that follows through clause
(ii) and inserting the following:
``(B) Disapproval.--The Secretary shall disapprove a tribal
energy resource agreement submitted pursuant to paragraph (1)
or (4)(B) only if--
``(i) a provision of the tribal energy resource agreement
violates applicable Federal law (including regulations) or a
treaty applicable to the Indian tribe;
``(ii) the tribal energy resource agreement does not
include 1 or more provisions required under subparagraph (D);
or''; and
(II) in clause (iii)--
(aa) in the matter preceding subclause (I), by striking
``includes'' and all that follows through ``section--'' and
inserting ``does not include provisions that, with respect to
any lease, business agreement, or right-of-way to which the
tribal energy resource agreement applies--'';
(bb) by striking subclauses (I), (II), (V), (VIII), and
(XV);
(cc) by redesignating clauses (III), (IV), (VI), (VII),
(IX) through (XIV), and (XVI) as clauses (I), (II), (III),
(IV), (V) through (X), and (XI), respectively;
(dd) in item (bb) of subclause (XI) (as redesignated by
item (cc))--
(AA) by striking ``or tribal''; and
(BB) by striking the period at the end and inserting a
semicolon; and
(ee) by adding at the end the following:
``(XII) include a certification by the Indian tribe that
the Indian tribe has--
``(aa) carried out a contract or compact under title I or
IV of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.) for a period of not less than 3
consecutive years ending on the date on which the Indian
tribe submits the application without material audit
exception (or without any material audit exceptions that were
not corrected within the 3-year period) relating to the
management of tribal land or natural resources; or
``(bb) substantial experience in the administration,
review, or evaluation of energy resource leases or agreements
or has otherwise substantially participated in the
administration, management, or development of energy
resources located on the tribal land of the Indian tribe; and
``(XIII) at the option of the Indian tribe, identify which
functions, if any, authorizing any operational or development
activities pursuant to a lease, right-of-way, or business
agreement approved by the Indian tribe, that the Indian tribe
intends to conduct.'';
(iii) in subparagraph (C)--
(I) by striking clauses (i) and (ii);
(II) by redesignating clauses (iii) through (v) as clauses
(ii) through (iv), respectively; and
(III) by inserting before clause (ii) (as redesignated by
subclause (II)) the following:
``(i) a process for ensuring that--
``(I) the public is informed of, and has reasonable
opportunity to comment on, any significant environmental
impacts of the proposed action; and
``(II) the Indian tribe provides responses to relevant and
substantive public comments on any impacts described in
subclause (I) before the Indian tribe approves the lease,
business agreement, or right-of-way.'';
(iv) in subparagraph (D)(ii), by striking ``subparagraph
(B)(iii)(XVI)'' and inserting ``subparagraph (B)(iv)(XI)'';
and
(v) by adding at the end the following:
``(F) Effective period.--A tribal energy resource agreement
that takes effect pursuant to this subsection shall remain in
effect to the extent any provision of the tribal energy
resource agreement is consistent with applicable Federal law
(including regulations), unless the tribal energy resource
agreement is--
``(i) rescinded by the Secretary pursuant to paragraph
(7)(D)(iii)(II); or
``(ii) voluntarily rescinded by the Indian tribe pursuant
to the regulations promulgated under paragraph (8)(B) (or
successor regulations).'';
(C) in paragraph (4), by striking ``date of disapproval''
and all that follows through the end of subparagraph (C) and
inserting the following: ``date of disapproval, provide the
Indian tribe with--
``(A) a detailed, written explanation of--
``(i) each reason for the disapproval; and
``(ii) the revisions or changes to the tribal energy
resource agreement necessary to address each reason; and
``(B) an opportunity to revise and resubmit the tribal
energy resource agreement.'';
(D) in paragraph (6)--
(i) in subparagraph (B)--
(I) by striking ``(B) Subject to'' and inserting the
following:
``(B) Subject only to''; and
(II) by striking ``subparagraph (D)'' and inserting
``subparagraphs (C) and (D)'';
(ii) in subparagraph (C), in the matter preceding clause
(i), by inserting ``to perform the obligations of the
Secretary under this section and'' before ``to ensure''; and
(iii) in subparagraph (D), by adding at the end the
following:
``(iii) Nothing in this section absolves, limits, or
otherwise affects the liability, if any, of the United States
for any--
``(I) term of any lease, business agreement, or right-of-
way under this section that is not a negotiated term; or
``(II) losses that are not the result of a negotiated term,
including losses resulting from the failure of the Secretary
to perform an obligation of the Secretary under this
section.'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking ``has demonstrated''
and inserting ``the Secretary determines has demonstrated
with substantial evidence'';
(ii) in subparagraph (B), by striking ``any tribal remedy''
and inserting ``all remedies (if any) provided under the laws
of the Indian tribe'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking ``determine'' and all that
follows through the end of the clause and inserting the
following: ``determine--
``(I) whether the petitioner is an interested party; and
``(II) if the petitioner is an interested party, whether
the Indian tribe is not in compliance with the tribal energy
resource agreement as alleged in the petition.'';
(II) in clause (ii), by striking ``determination'' and
inserting ``determinations''; and
(III) in clause (iii), in the matter preceding subclause
(I) by striking ``agreement'' the first place it appears and
all that follows through ``, including'' and inserting
``agreement pursuant to clause (i), the Secretary shall only
take such action as the Secretary determines necessary to
address the claims of noncompliance made in the petition,
including'';
(iv) in subparagraph (E)(i), by striking ``the manner in
which'' and inserting ``, with respect to each claim made in
the petition, how''; and
(v) by adding at the end the following:
``(G) Notwithstanding any other provision of this
paragraph, the Secretary shall dismiss any petition from an
interested party that has agreed with the Indian tribe to a
resolution of the claims presented in the petition of that
party.'';
(F) in paragraph (8)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraphs (B) through (D) as
subparagraphs (A) through (C), respectively; and
(iii) in subparagraph (A) (as redesignated by clause
(ii))--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' after the semicolon;
and
(III) by adding at the end the following:
``(iii) amend an approved tribal energy resource agreement
to assume authority for approving leases, business
agreements, or rights-of-way for development of another
energy resource that is not included in an approved tribal
energy resource agreement without being required to apply for
a new tribal energy resource agreement;'' and
(G) by adding at the end the following:
[[Page S2265]]
``(9) Effect.--Nothing in this section authorizes the
Secretary to deny a tribal energy resource agreement or any
amendment to a tribal energy resource agreement, or to limit
the effect or implementation of this section, due to lack of
promulgated regulations.'';
(5) by redesignating subsection (g) as subsection (j); and
(6) by inserting after subsection (f) the following:
``(g) Financial Assistance in Lieu of Activities by the
Secretary.--
``(1) In general.--Any amounts that the Secretary would
otherwise expend to operate or carry out any program,
function, service, or activity (or any portion of a program,
function, service, or activity) of the Department that, as a
result of an Indian tribe carrying out activities under a
tribal energy resource agreement, the Secretary does not
expend, the Secretary shall, at the request of the Indian
tribe, make available to the Indian tribe in accordance with
this subsection.
``(2) Annual funding agreements.--The Secretary shall make
the amounts described in paragraph (1) available to an Indian
tribe through an annual written funding agreement that is
negotiated and entered into with the Indian tribe that is
separate from the tribal energy resource agreement.
``(3) Effect of appropriations.--Notwithstanding paragraph
(1)--
``(A) the provision of amounts to an Indian tribe under
this subsection is subject to the availability of
appropriations; and
``(B) the Secretary shall not be required to reduce amounts
for programs, functions, services, or activities that serve
any other Indian tribe to make amounts available to an Indian
tribe under this subsection.
``(4) Determination.--
``(A) In general.--The Secretary shall calculate the
amounts under paragraph (1) in accordance with the
regulations adopted under section 6013(b) of the Indian
Tribal Energy Development and Self-Determination Act
Amendments of 2016.
``(B) Applicability.--The effective date or implementation
of a tribal energy resource agreement under this section
shall not be delayed or otherwise affected by--
``(i) a delay in the promulgation of regulations under
section 6013(b) of the Indian Tribal Energy Development and
Self-Determination Act Amendments of 2016;
``(ii) the period of time needed by the Secretary to make
the calculation required under paragraph (1); or
``(iii) the adoption of a funding agreement under paragraph
(2).
``(h) Certification of Tribal Energy Development
Organization.--
``(1) In general.--Not later than 90 days after the date on
which an Indian tribe submits an application for
certification of a tribal energy development organization in
accordance with regulations promulgated under section 6013(b)
of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2016, the Secretary shall
approve or disapprove the application.
``(2) Requirements.--The Secretary shall approve an
application for certification if--
``(A)(i) the Indian tribe has carried out a contract or
compact under title I or IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.); and
``(ii) for a period of not less than 3 consecutive years
ending on the date on which the Indian tribe submits the
application, the contract or compact--
``(I) has been carried out by the Indian tribe without
material audit exceptions (or without any material audit
exceptions that were not corrected within the 3-year period);
and
``(II) has included programs or activities relating to the
management of tribal land; and
``(B)(i) the tribal energy development organization is
organized under the laws of the Indian tribe;
``(ii)(I) the majority of the interest in the tribal energy
development organization is owned and controlled by the
Indian tribe (or the Indian tribe and 1 or more other Indian
tribes) the tribal land of which is being developed; and
``(II) the organizing document of the tribal energy
development organization requires that the Indian tribe with
jurisdiction over the land maintain at all times the
controlling interest in the tribal energy development
organization;
``(iii) the organizing document of the tribal energy
development organization requires that the Indian tribe (or
the Indian tribe and 1 or more other Indian tribes) the
tribal land of which is being developed own and control at
all times a majority of the interest in the tribal energy
development organization; and
``(iv) the organizing document of the tribal energy
development organization includes a statement that the
organization shall be subject to the jurisdiction, laws, and
authority of the Indian tribe.
``(3) Action by secretary.--If the Secretary approves an
application for certification pursuant to paragraph (2), the
Secretary shall, not more than 10 days after making the
determination--
``(A) issue a certification stating that--
``(i) the tribal energy development organization is
organized under the laws of the Indian tribe and subject to
the jurisdiction, laws, and authority of the Indian tribe;
``(ii) the majority of the interest in the tribal energy
development organization is owned and controlled by the
Indian tribe (or the Indian tribe and 1 or more other Indian
tribes) the tribal land of which is being developed;
``(iii) the organizing document of the tribal energy
development organization requires that the Indian tribe with
jurisdiction over the land maintain at all times the
controlling interest in the tribal energy development
organization;
``(iv) the organizing document of the tribal energy
development organization requires that the Indian tribe (or
the Indian tribe and 1 or more other Indian tribes the tribal
land of which is being developed) own and control at all
times a majority of the interest in the tribal energy
development organization; and
``(v) the certification is issued pursuant this subsection;
``(B) deliver a copy of the certification to the Indian
tribe; and
``(C) publish the certification in the Federal Register.
``(i) Sovereign Immunity.--Nothing in this section waives
the sovereign immunity of an Indian tribe.''.
(b) Regulations.--Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2016, the Secretary shall
promulgate or update any regulations that are necessary to
implement this section, including provisions to implement--
(1) section 2604(e)(8) of the Energy Policy Act of 1992 (25
U.S.C. 3504(e)(8)), including the process to be followed by
an Indian tribe amending an existing tribal energy resource
agreement to assume authority for approving leases, business
agreements, or rights-of-way for development of an energy
resource that is not included in the tribal energy resource
agreement;
(2) section 2604(g) of the Energy Policy Act of 1992 (25
U.S.C. 3504(g)) including the manner in which the Secretary,
at the request of an Indian tribe, shall--
(A) identify the programs, functions, services, and
activities (or any portions of programs, functions, services,
or activities) that the Secretary will not have to operate or
carry out as a result of the Indian tribe carrying out
activities under a tribal energy resource agreement;
(B) identify the amounts that the Secretary would have
otherwise expended to operate or carry out each program,
function, service, and activity (or any portion of a program,
function, service, or activity) identified pursuant to
subparagraph (A); and
(C) provide to the Indian tribe a list of the programs,
functions, services, and activities (or any portions of
programs, functions, services, or activities) identified
pursuant subparagraph (A) and the amounts associated with
each program, function, service, and activity (or any portion
of a program, function, service, or activity) identified
pursuant to subparagraph (B); and
(3) section 2604(h) of the Energy Policy Act of 1992 (25
U.S.C. 3504(h)), including the process to be followed by, and
any applicable criteria and documentation required for, an
Indian tribe to request and obtain the certification
described in that section.
SEC. 6014. TECHNICAL ASSISTANCE FOR INDIAN TRIBAL
GOVERNMENTS.
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C.
3502(b)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Technical and scientific resources.--In addition to
providing grants to Indian tribes under this subsection, the
Secretary shall collaborate with the Directors of the
National Laboratories in making the full array of technical
and scientific resources of the Department of Energy
available for tribal energy activities and projects.''.
SEC. 6015. CONFORMING AMENDMENTS.
(a) Definition of Tribal Energy Development Organization.--
Section 2601 of the Energy Policy Act of 1992 (25 U.S.C.
3501) is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively;
(2) by inserting after paragraph (8) the following:
``(9) The term `qualified Indian tribe' means an Indian
tribe that has--
``(A) carried out a contract or compact under title I or IV
of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450 et seq.) for a period of not less than 3
consecutive years ending on the date on which the Indian
tribe submits the application without material audit
exception (or without any material audit exceptions that were
not corrected within the 3-year period) relating to the
management of tribal land or natural resources; or
``(B) substantial experience in the administration, review,
or evaluation of energy resource leases or agreements or has
otherwise substantially participated in the administration,
management, or development of energy resources located on the
tribal land of the Indian tribe.''; and
(3) by striking paragraph (12) (as redesignated by
paragraph (1)) and inserting the following:
``(12) The term `tribal energy development organization'
means--
``(A) any enterprise, partnership, consortium, corporation,
or other type of business organization that is engaged in the
development of energy resources and is wholly owned by an
Indian tribe (including an organization incorporated pursuant
to section 17
[[Page S2266]]
of the Indian Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Act of June 26, 1936 (25 U.S.C. 503)
(commonly known as the `Oklahoma Indian Welfare Act')); and
``(B) any organization of 2 or more entities, at least 1 of
which is an Indian tribe, that has the written consent of the
governing bodies of all Indian tribes participating in the
organization to apply for a grant, loan, or other assistance
under section 2602 or to enter into a lease or business
agreement with, or acquire a right-of-way from, an Indian
tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of
section 2604.''.
(b) Indian Tribal Energy Resource Development.--Section
2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``tribal energy resource
development organizations'' and inserting ``tribal energy
development organizations''; and
(B) in paragraph (2), by striking ``tribal energy resource
development organizations'' each place it appears and
inserting ``tribal energy development organizations''; and
(2) in subsection (b)(2), by striking ``tribal energy
resource development organization'' and inserting ``tribal
energy development organization''.
(c) Wind and Hydropower Feasibility Study.--Section
2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C.
3506(c)(3)) is amended by striking ``energy resource
development'' and inserting ``energy development''.
(d) Conforming Amendments.--Section 2604(e) of the Energy
Policy Act of 1992 (25 U.S.C. 3504(e)) is amended--
(1) in paragraph (3)--
(A) by striking ``(3) The Secretary'' and inserting the
following:
``(3) Notice and comment; secretarial review.--The
Secretary''; and
(B) by striking ``for approval'';
(2) in paragraph (4), by striking ``(4) If the Secretary''
and inserting the following:
``(4) Action in case of disapproval.--If the Secretary'';
(3) in paragraph (5)--
(A) by striking ``(5) If an Indian tribe'' and inserting
the following:
``(5) Provision of documents to secretary.--If an Indian
tribe''; and
(B) in the matter preceding subparagraph (A), by striking
``approved'' and inserting ``in effect'';
(4) in paragraph (6)--
(A) by striking ``(6)(A) In carrying out'' and inserting
the following:
``(6) Secretarial obligations and effect of section.--
``(A) In carrying out'';
(B) in subparagraph (A), by indenting clauses (i) and (ii)
appropriately;
(C) in subparagraph (B), by striking ``approved'' and
inserting ``in effect''; and
(D) in subparagraph (D)--
(i) in clause (i), by striking ``an approved tribal energy
resource agreement'' and inserting ``a tribal energy resource
agreement in effect under this section''; and
(ii) in clause (ii), by striking ``approved by the
Secretary'' and inserting ``in effect''; and
(5) in paragraph (7)--
(A) by striking ``(7)(A) In this paragraph'' and inserting
the following:
``(7) Petitions by interested parties.--
``(A) In this paragraph'';
(B) in subparagraph (A), by striking ``approved by the
Secretary'' and inserting ``in effect'';
(C) in subparagraph (B), by striking ``approved by the
Secretary'' and inserting ``in effect''; and
(D) in subparagraph (D)(iii)--
(i) in subclause (I), by striking ``approved''; and
(ii) in subclause (II)--
(I) by striking ``approval of'' in the first place it
appears; and
(II) by striking ``subsection (a) or (b)'' and inserting
``subsection (a)(2)(A)(i) or (b)(2)(A)''.
SEC. 6016. REPORT.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall
submit to the Committee on Indian Affairs of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that details with respect to
activities for energy development on Indian land, how the
Department of the Interior--
(1) processes and completes the reviews of energy-related
documents in a timely and transparent manner;
(2) monitors the timeliness of agency review for all
energy-related documents;
(3) maintains databases to track and monitor the review and
approval process for energy-related documents associated with
conventional and renewable Indian energy resources that
require Secretarial approval prior to development,
including--
(A) any seismic exploration permits;
(B) permission to survey;
(C) archeological and cultural surveys;
(D) access permits;
(E) environmental assessments;
(F) oil and gas leases;
(G) surface leases;
(H) rights-of-way agreements; and
(I) communitization agreements;
(4) identifies in the databases--
(A) the date lease applications and permits are received by
the agency;
(B) the status of the review;
(C) the date the application or permit is considered
complete and ready for review;
(D) the date of approval; and
(E) the start and end dates for any significant delays in
the review process;
(5) tracks in the databases, for all energy-related leases,
agreements, applications, and permits that involve multiple
agency review--
(A) the dates documents are transferred between agencies;
(B) the status of the review;
(C) the date the required reviews are completed; and
(D) the date interim or final decisions are issued.
(b) Inclusions.--The report under subsection (a) shall
include--
(1) a description of any intermediate and final deadlines
for agency action on any Secretarial review and approval
required for Indian conventional and renewable energy
exploration and development activities;
(2) a description of the existing geographic database
established by the Bureau of Indian Affairs, explaining--
(A) how the database identifies--
(i) the location and ownership of all Indian oil and gas
resources held in trust;
(ii) resources available for lease; and
(iii) the location of--
(I) any lease of land held in trust or restricted fee on
behalf of any Indian tribe or individual Indian; and
(II) any rights-of-way on that land in effect;
(B) how the information from the database is made available
to--
(i) the officials of the Bureau of Indian Affairs with
responsibility over the management and development of Indian
resources; and
(ii) resource owners; and
(C) any barriers to identifying the information described
in subparagraphs (A) and (B) or any deficiencies in that
information; and
(3) an evaluation of--
(A) the ability of each applicable agency to track and
monitor the review and approval process of the agency for
Indian energy development; and
(B) the extent to which each applicable agency complies
with any intermediate and final deadlines.
Subtitle B--Miscellaneous Amendments
SEC. 6201. ISSUANCE OF PRELIMINARY PERMITS OR LICENSES.
(a) In General.--Section 7(a) of the Federal Power Act (16
U.S.C. 800(a)) is amended by striking ``States and
municipalities'' and inserting ``States, Indian tribes, and
municipalities''.
(b) Applicability.--The amendment made by subsection (a)
shall not affect--
(1) any preliminary permit or original license issued
before the date of enactment of the Indian Tribal Energy
Development and Self-Determination Act Amendments of 2016; or
(2) an application for an original license, if the
Commission has issued a notice accepting that application for
filing pursuant to section 4.32(d) of title 18, Code of
Federal Regulations (or successor regulations), before the
date of enactment of the Indian Tribal Energy Development and
Self-Determination Act Amendments of 2016.
(c) Definition of Indian Tribe.--For purposes of section
7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended
by subsection (a)), 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. 450b).
SEC. 6202. TRIBAL BIOMASS DEMONSTRATION PROJECT.
(a) Purpose.--The purpose of this section is to establish a
biomass demonstration project for federally recognized Indian
tribes and Alaska Native corporations to promote biomass
energy production.
(b) Tribal Biomass Demonstration Project.--The Tribal
Forest Protection Act of 2004 (Public Law 108-278; 118 Stat.
868) is amended--
(1) in section 2(a), by striking ``In this section'' and
inserting ``In this Act''; and
(2) by adding at the end the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For
each of fiscal years 2017 through 2021, the Secretary shall
enter into stewardship contracts or similar agreements
(excluding direct service contracts) with Indian tribes to
carry out demonstration projects to promote biomass energy
production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities
by providing reliable supplies of woody biomass from Federal
land.
``(b) Demonstration Projects.--In each fiscal year for
which projects are authorized, at least 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--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be carried out
by the Indian tribe.
``(d) Selection.--In evaluating the applications submitted
under subsection (c), the Secretary shall--
``(1) take into consideration--
``(A) the factors set forth in paragraphs (1) and (2) of
section 2(e); and
[[Page S2267]]
``(B) whether a proposed project would--
``(i) increase the availability or reliability of local or
regional energy;
``(ii) enhance the economic development of the Indian
tribe;
``(iii) result in or improve the connection of electric
power transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(iv) improve the forest health or watersheds of Federal
land or Indian forest land or rangeland;
``(v) demonstrate new investments in infrastructure; or
``(vi) otherwise promote the use of woody biomass; 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 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 September 20, 2019, 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.--In carrying out a
contract or agreement under this section, on receipt of a
request from an Indian tribe, the Secretary shall incorporate
into the contract or agreement, to the maximum extent
practicable, management plans (including forest management
and integrated resource management plans) in effect on the
Indian forest land or rangeland of the respective Indian
tribe.
``(h) Term.--A contract or agreement entered into under
this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
(c) Alaska Native Biomass Demonstration Project.--
(1) Definitions.--In this subsection:
(A) Federal land.--The term ``Federal land'' means--
(i) 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
(ii) public lands (as defined in section 103 of the Federal
Land Policy 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.
(B) 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. 450b).
(C) Secretary.--The term ``Secretary'' means--
(i) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Forest Service; and
(ii) the Secretary of the Interior, with respect to land
under the jurisdiction of the Bureau of Land Management.
(D) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(2) Agreements.--For each of fiscal years 2017 through
2021, the Secretary shall enter into an agreement or contract
with an Indian tribe or a tribal organization to carry out a
demonstration project to promote biomass energy production
(including biofuel, heat, and electricity generation) by
providing reliable supplies of woody biomass from Federal
land.
(3) Demonstration projects.--In each fiscal year for which
projects are authorized, at least 1 new demonstration project
that meets the eligibility criteria described in paragraph
(4) shall be carried out under contracts or agreements
described in paragraph (2).
(4) Eligibility criteria.--To be eligible to enter into a
contract or agreement under this subsection, an Indian tribe
or tribal organization shall submit to the Secretary an
application--
(A) containing such information as the Secretary may
require; and
(B) that includes a description of the demonstration
project proposed to be carried out by the Indian tribe or
tribal organization.
(5) Selection.--In evaluating the applications submitted
under paragraph (4), the Secretary shall--
(A) take into consideration whether a proposed project
would--
(i) increase the availability or reliability of local or
regional energy;
(ii) enhance the economic development of the Indian tribe;
(iii) result in or improve the connection of electric power
transmission facilities serving the Indian tribe with other
electric transmission facilities;
(iv) improve the forest health or watersheds of Federal
land or non-Federal land;
(v) demonstrate new investments in infrastructure; or
(vi) otherwise promote the use of woody biomass; and
(B) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
(6) Implementation.--The Secretary shall--
(A) ensure that the criteria described in paragraph (4) are
publicly available by not later than 120 days after the date
of enactment of this subsection; and
(B) to the maximum extent practicable, consult with Indian
tribes and appropriate tribal organizations likely to be
affected in developing the application and otherwise carrying
out this subsection.
(7) Report.--Not later than September 20, 2019, the
Secretary shall submit to Congress a report that describes,
with respect to the reporting period--
(A) each individual application received under this
subsection; and
(B) each contract and agreement entered into pursuant to
this subsection.
(8) Term.--A contract or agreement entered into under this
subsection--
(A) shall be for a term of not more than 20 years; and
(B) may be renewed in accordance with this subsection for
not more than an additional 10 years.
SEC. 6203. WEATHERIZATION PROGRAM.
Section 413(d) of the Energy Conservation and Production
Act (42 U.S.C. 6863(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Reservation of amounts.--
``(A) In general.--Subject to subparagraph (B) and
notwithstanding any other provision of this part, the
Secretary shall reserve from amounts that would otherwise be
allocated to a State under this part not less than 100
percent, but not more than 150 percent, of an amount which
bears the same proportion to the allocation of that State for
the applicable fiscal year as the population of all low-
income members of an Indian tribe in that State bears to the
population of all low-income individuals in that State.
``(B) Restrictions.--Subparagraph (A) shall apply only if--
``(i) the tribal organization serving the low-income
members of the applicable Indian tribe requests that the
Secretary make a grant directly; and
``(ii) the Secretary determines that the low-income members
of the applicable Indian tribe would be equally or better
served by making a grant directly than a grant made to the
State in which the low-income members reside.
``(C) Presumption.--If the tribal organization requesting
the grant is a tribally designated housing entity (as defined
in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103)) that has
operated without material audit exceptions (or without any
material audit exceptions that were not corrected within a 3-
year period), the Secretary shall presume that the low-income
members of the applicable Indian tribe would be equally or
better served by making a grant directly to the tribal
organization than by a grant made to the State in which the
low-income members reside.'';
(2) in paragraph (2)--
(A) by striking ``The sums'' and inserting
``Administration.--The amounts'';
(B) by striking ``on the basis of his determination'';
(C) by striking ``individuals for whom such a determination
has been made'' and inserting ``low-income members of the
Indian tribe''; and
(D) by striking ``he'' and inserting ``the Secretary''; and
(3) in paragraph (3), by striking ``In order'' and
inserting ``Application.--In order''.
SEC. 6204. APPRAISALS.
(a) In General.--Title XXVI of the Energy Policy Act of
1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end
the following:
``SEC. 2607. APPRAISALS.
``(a) In General.--For any transaction that requires
approval of the Secretary and involves mineral or energy
resources held in trust by the United States for the benefit
of an Indian tribe or by an Indian tribe subject to Federal
restrictions against alienation, any appraisal relating to
fair market value of those resources required to be prepared
under applicable law may be prepared by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Secretarial Review and Approval.--Not later than 45
days after the date on which the Secretary receives an
appraisal prepared by or for an Indian tribe under paragraph
(2) or (3) of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) approve the appraisal unless the Secretary determines
that the appraisal fails to meet the standards set forth in
regulations promulgated under subsection (d).
``(c) Notice of Disapproval.--If the Secretary determines
that an appraisal submitted for approval under subsection (b)
should be disapproved, the Secretary shall give written
notice of the disapproval to the Indian tribe and a
description of--
``(1) each reason for the disapproval; and
``(2) how the appraisal should be corrected or otherwise
cured to meet the applicable standards set forth in the
regulations promulgated under subsection (d).
[[Page S2268]]
``(d) Regulations.--The Secretary shall promulgate
regulations to carry out this section, including standards
the Secretary shall use for approving or disapproving the
appraisal described in subsection (a).''.
SEC. 6205. LEASES OF RESTRICTED LANDS FOR NAVAJO NATION.
(a) In General.--Subsection (e)(1) of the first section of
the Act of August 9, 1955 (commonly known as the ``Long-Term
Leasing Act'') (25 U.S.C. 415(e)(1)), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including a lease for'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) in the case of a business or agricultural lease, 99
years;'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of any mineral resource (including
geothermal resources), 25 years, except that--
``(i) any such lease may include an option to renew for 1
additional term of not to exceed 25 years; and
``(ii) any such lease for the exploration, development, or
extraction of an oil or gas resource shall be for a term of
not to exceed 10 years, plus such additional period as the
Navajo Nation determines to be appropriate in any case in
which an oil or gas resource is produced in a paying
quantity.''.
(b) GAO Report.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall prepare and submit to Congress a report
describing the progress made in carrying out the amendment
made by subsection (a).
SEC. 6206. EXTENSION OF TRIBAL LEASE PERIOD FOR THE CROW
TRIBE OF MONTANA.
Subsection (a) of the first section of the Act of August 9,
1955 (25 U.S.C. 415(a)), is amended in the second sentence by
inserting ``, land held in trust for the Crow Tribe of
Montana'' after ``Devils Lake Sioux Reservation''.
SEC. 6207. TRUST STATUS OF LEASE PAYMENTS.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior.
(b) Treatment of Lease Payments.--
(1) In general.--Except as provided in paragraph (2) and at
the request of the Indian tribe or individual Indian, any
advance payments, bid deposits, or other earnest money
received by the Secretary in connection with the review and
Secretarial approval under any other Federal law (including
regulations) of a sale, lease, permit, or any other
conveyance of any interest in any trust or restricted land of
any Indian tribe or individual Indian shall, upon receipt and
prior to Secretarial approval of the contract or conveyance
instrument, be held in the trust fund system for the benefit
of the Indian tribe and individual Indian from whose land the
funds were generated.
(2) Restriction.--If the advance payment, bid deposit, or
other earnest money received by the Secretary results from
competitive bidding, upon selection of the successful bidder,
only the funds paid by the successful bidder shall be held in
the trust fund system.
(c) Use of Funds.--
(1) In general.--On the approval of the Secretary of a
contract or other instrument for a sale, lease, permit, or
any other conveyance described in subsection (b)(1), the
funds held in the trust fund system and described in
subsection (b), along with all income generated from the
investment of those funds, shall be disbursed to the Indian
tribe or individual Indian landowners.
(2) Administration.--If a contract or other instrument for
a sale, lease, permit, or any other conveyance described in
subsection (b)(1) is not approved by the Secretary, the funds
held in the trust fund system and described in subsection
(b), along with all income generated from the investment of
those funds, shall be paid to the party identified in, and in
such amount and on such terms as set out in, the applicable
regulations, advertisement, or other notice governing the
proposed conveyance of the interest in the land at issue.
(d) Applicability.--This section shall apply to any advance
payment, bid deposit, or other earnest money received by the
Secretary in connection with the review and Secretarial
approval under any other Federal law (including regulations)
of a sale, lease, permit, or any other conveyance of any
interest in any trust or restricted land of any Indian tribe
or individual Indian on or after the date of enactment of
this Act.
TITLE VII--BROWNFIELDS REAUTHORIZATION
SEC. 7001. SHORT TITLE.
This title may be cited as the ``Brownfields Utilization,
Investment, and Local Development Act of 2016'' or the
``BUILD Act''.
SEC. 7002. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(1)) is amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code;
``(J) a limited liability corporation in which all managing
members are organizations described in subparagraph (I) or
limited liability corporations whose sole members are
organizations described in subparagraph (I);
``(K) a limited partnership in which all general partners
are organizations described in subparagraph (I) or limited
liability corporations whose sole members are organizations
described in subparagraph (I); or
``(L) a qualified community development entity (as defined
in section 45D(c)(1) of the Internal Revenue Code of
1986).''.
SEC. 7003. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
is amended--
(1) by redesignating paragraphs (4) through (9) and (10)
through (12) as paragraphs (5) through (10) and (13) through
(15), respectively;
(2) in paragraph (3)(A), by striking ``subject to
paragraphs (4) and (5)'' and inserting ``subject to
paragraphs (5) and (6)''; and
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall establish a
program to provide multipurpose grants to an eligible entity
based on the considerations under paragraph (3)(C), to carry
out inventory, characterization, assessment, planning, or
remediation activities at 1 or more brownfield sites in a
proposed area.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant awarded under
this paragraph shall not exceed $950,000.
``(ii) Cumulative grant amounts.--The total amount of
grants awarded for each fiscal year under this paragraph
shall not exceed 15 percent of the funds made available for
the fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this paragraph,
the Administrator shall consider the extent to which an
eligible entity is able--
``(i) to provide an overall plan for revitalization of the
1 or more brownfield sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct the range of
eligible activities that will be funded by the multipurpose
grant; and
``(iii) to demonstrate that a multipurpose grant will meet
the needs of the 1 or more brownfield sites in the proposed
area.
``(D) Condition.--As a condition of receiving a grant under
this paragraph, each eligible entity shall expend the full
amount of the grant not later than the date that is 3 years
after the date on which the grant is awarded to the eligible
entity unless the Administrator, in the discretion of the
Administrator, provides an extension.''.
SEC. 7004. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD
SITES.
Section 104(k)(2) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(2)) is amended by adding at the end the following:
``(C) Exemption for certain publicly owned brownfield
sites.--Notwithstanding any other provision of law, an
eligible entity that is a governmental entity may receive a
grant under this paragraph for property acquired by that
governmental entity prior to January 11, 2002, even if the
governmental entity does not qualify as a bona fide
prospective purchaser (as that term is defined in section
101(40)), so long as the eligible entity has not caused or
contributed to a release or threatened release of a hazardous
substance at the property.''.
SEC. 7005. INCREASED FUNDING FOR REMEDIATION GRANTS.
Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each
site to be remediated'' and inserting ``$500,000 for each
site to be remediated, which limit may be waived by the
Administrator, but not to exceed a total of $650,000 for each
site, based on the anticipated level of contamination, size,
or ownership status of the site''.
SEC. 7006. ALLOWING ADMINISTRATIVE COSTS FOR GRANT
RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is
amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and (V) as subclauses
(III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii); and
(D) in clause (ii) (as redesignated by subparagraph (C)),
by striking ``Notwithstanding clause (i)(IV)'' and inserting
``Notwithstanding clause (i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may use up to 8
percent of the amounts made available under a grant or loan
under this subsection for administrative costs.
``(ii) Restriction.--For purposes of clause (i), the term
`administrative costs' does not include--
``(I) investigation and identification of the extent of
contamination;
[[Page S2269]]
``(II) design and performance of a response action; or
``(III) monitoring of a natural resource.''.
SEC. 7007. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
Paragraph (7)(A) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 7003(1))
is amended--
(1) by striking ``The Administrator may provide,'' and
inserting the following:
``(i) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term `disadvantaged area'
means an area with an annual median household income that is
less than 80 percent of the State-wide annual median
household income, as determined by the latest available
decennial census.
``(II) Small community.--The term `small community' means a
community with a population of not more than 15,000
individuals, as determined by the latest available decennial
census.
``(ii) Establishment of program.--The Administrator shall
establish a program to provide grants that provide,''; and
(2) by adding at the end the following:
``(iii) Small or disadvantaged community recipients.--
``(I) In general.--Subject to subclause (II), in carrying
out the program under clause (ii), the Administrator shall
use not more than $600,000 of the amounts made available to
carry out this paragraph to provide grants to States that
receive amounts under section 128(a) to assist small
communities, Indian tribes, rural areas, or disadvantaged
areas in achieving the purposes described in clause (ii).
``(II) Limitation.--Each grant awarded under subclause (I)
shall be not more than $7,500.''.
SEC. 7008. WATERFRONT BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
is amended by inserting after paragraph (10) (as redesignated
by section 7003(1)) the following:
``(11) Waterfront brownfield sites.--
``(A) Definition of waterfront brownfield site.--In this
paragraph, the term `waterfront brownfield site' means a
brownfield site that is adjacent to a body of water or a
federally designated floodplain.
``(B) Requirements.--In providing grants under this
subsection, the Administrator shall--
``(i) take into consideration whether the brownfield site
to be served by the grant is a waterfront brownfield site;
and
``(ii) give consideration to waterfront brownfield
sites.''.
SEC. 7009. CLEAN ENERGY BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as amended by section 7008) is amended by inserting after
paragraph (11) the following:
``(12) Clean energy projects at brownfield sites.--
``(A) Definition of clean energy project.--In this
paragraph, the term `clean energy project' means--
``(i) a facility that generates renewable electricity from
wind, solar, or geothermal energy; and
``(ii) any energy efficiency improvement project at a
facility, including combined heat and power and district
energy.
``(B) Establishment.--The Administrator shall establish a
program to provide grants--
``(i) to eligible entities to carry out inventory,
characterization, assessment, planning, feasibility analysis,
design, or remediation activities to locate a clean energy
project at 1 or more brownfield sites; and
``(ii) to capitalize a revolving loan fund for the purposes
described in clause (i).
``(C) Maximum amount.--A grant under this paragraph shall
not exceed $500,000.''.
SEC. 7010. TARGETED FUNDING FOR STATES.
Paragraph (15) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)) (as redesignated by section 7003(1))
is amended by adding at the end the following:
``(C) Targeted funding.--Of the amounts made available
under subparagraph (A) for a fiscal year, the Administrator
may use not more than $2,000,000 to provide grants to States
for purposes authorized under section 128(a), subject to the
condition that each State that receives a grant under this
subparagraph shall have used at least 50 percent of the
amounts made available to that State in the previous fiscal
year to carry out assessment and remediation activities under
section 128(a).''.
SEC. 7011. AUTHORIZATION OF APPROPRIATIONS.
(a) Brownfields Revitalization Funding.--Paragraph (15)(A)
of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)) (as redesignated by section 7003(1)) is amended by
striking ``2006'' and inserting ``2018''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by
striking ``2006'' and inserting ``2018''.
TITLE VIII--MISCELLANEOUS
SEC. 8001. REMOVAL OF USE RESTRICTION.
Public Law 101-479 (104 Stat. 1158) is amended--
(1) by striking section 2(d); and
(2) by adding the following new section at the end:
``SEC. 4. REMOVAL OF USE RESTRICTION.
``(a) The approximately 1-acre portion of the land referred
to in section 3 that is used for purposes of a child care
center, as authorized by this Act, shall not be subject to
the use restriction imposed in the deed referred to in
section 3.
``(b) Upon enactment of this section, the Secretary of the
Interior shall execute an instrument to carry out subsection
(a).''.
TITLE IX--MISCELLANEOUS
SEC. 9001. INTERAGENCY TRANSFER OF LAND ALONG GEORGE
WASHINGTON MEMORIAL PARKWAY.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``George
Washington Memorial Parkway--Claude Moore Farm Proposed
Boundary Adjustment'', numbered 850_130815, and dated
February 2016.
(2) Research center.--The term ``Research Center'' means
the Turner-Fairbank Highway Research Center of the Federal
Highway Administration.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Administrative Jurisdiction Transfer.--
(1) Transfer of jurisdiction.--
(A) George washington memorial parkway land.--
Administrative jurisdiction over the approximately 0.342
acres of Federal land under the jurisdiction of the Secretary
within the boundary of the George Washington Memorial
Parkway, as generally depicted as ``B'' on the Map, is
transferred from the Secretary to the Secretary of
Transportation.
(B) Research center land.--Administration jurisdiction over
the approximately 0.479 acres of Federal land within the
boundary of the Research Center land under the jurisdiction
of the Secretary of Transportation adjacent to the boundary
of the George Washington Memorial Parkway, as generally
depicted as ``A'' on the Map, is transferred from the
Secretary of Transportation to the Secretary.
(2) Use restriction.--The Secretary shall restrict the use
of 0.139 acres of Federal land within the boundary of the
George Washington Memorial Parkway immediately adjacent to
part of the perimeter fence of the Research Center, generally
depicted as ``C'' on the Map, by prohibiting the storage,
construction, or installation of any item that may interfere
with the access of the Research Center to the restricted land
for security and maintenance purposes.
(3) Reimbursement or consideration.--The transfers of
administrative jurisdiction under this subsection shall not
be subject to reimbursement or consideration.
(4) Compliance with agreement.--
(A) Agreement.--The National Park Service and the Federal
Highway Administration shall comply with all terms and
conditions of the agreement entered into by the parties on
September 11, 2002, regarding the transfer of administrative
jurisdiction, management, and maintenance of the land
described in the agreement.
(B) Access to restricted land.--
(i) In general.--Subject to the terms of the agreement
described in subparagraph (A), the Secretary shall allow the
Research Center--
(I) to access the Federal land described in paragraph
(1)(B) for purposes of transportation to and from the
Research Center; and
(II) to access the Federal land described in paragraphs
(1)(B) and (2) for purposes of maintenance in accordance with
National Park Service standards, including grass mowing, weed
control, tree maintenance, fence maintenance, and maintenance
of the visual appearance of the Federal land.
(c) Management of Transferred Land.--
(1) Interior land.--The Federal land transferred to the
Secretary under subsection (b)(1)(B) shall be--
(A) included in the boundary of the George Washington
Memorial Parkway; and
(B) administered by the Secretary as part of the George
Washington Memorial Parkway, subject to applicable laws
(including regulations).
(2) Transportation land.--The Federal land transferred to
the Secretary of Transportation under subsection (b)(1)(A)
shall be--
(A) included in the boundary of the Research Center land;
and
(B) removed from the boundary of the George Washington
Memorial Parkway.
(3) Restricted-use land.--The Federal land that the
Secretary has designated for restricted use under subsection
(b)(2) shall be maintained by the Research Center.
(d) Map on File.--The Map shall be available for public
inspection in the appropriate offices of the National Park
Service.
TITLE X--NATURAL RESOURCES
Subtitle A--Land Conveyances and Related Matters
SEC. 10001. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Arapaho National
Forest in the State of Colorado is adjusted to incorporate
the approximately 92.95 acres of land generally depicted as
``The Wedge'' on the map entitled ``Arapaho National Forest
Boundary Adjustment'' and dated November 6, 2013, and
described as lots three, four, eight, and nine of section 13,
Township 4 North, Range 76 West, Sixth Principal Meridian,
Colorado. A lot described in this subsection may be included
in the
[[Page S2270]]
boundary adjustment only after the Secretary of Agriculture
obtains written permission for such action from the lot owner
or owners.
(b) Bowen Gulch Protection Area.--The Secretary of
Agriculture shall include all Federal land within the
boundary described in subsection (a) in the Bowen Gulch
Protection Area established under section 6 of the Colorado
Wilderness Act of 1993 (16 U.S.C. 539j).
(c) Land and Water Conservation Fund.--For purposes of
section 200306(a)(2)(B)(i) of title 54, United States Code,
the boundaries of the Arapaho National Forest, as modified
under subsection (a), shall be considered to be the
boundaries of the Arapaho National Forest as in existence on
January 1, 1965.
(d) Public Motorized Use.--Nothing in this section opens
privately owned lands within the boundary described in
subsection (a) to public motorized use.
(e) Access to Non-Federal Lands.--Notwithstanding the
provisions of section 6(f) of the Colorado Wilderness Act of
1993 (16 U.S.C. 539j(f)) regarding motorized travel, the
owners of any non-Federal lands within the boundary described
in subsection (a) who historically have accessed their lands
through lands now or hereafter owned by the United States
within the boundary described in subsection (a) shall have
the continued right of motorized access to their lands across
the existing roadway.
SEC. 10002. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER
NATIONAL FOREST, COLORADO.
(a) Land Conveyance Required.--Consistent with the purpose
of the Act of March 3, 1909 (43 U.S.C. 772), all right,
title, and interest of the United States (subject to
subsection (b)) in and to a parcel of land consisting of
approximately 148 acres as generally depicted on the map
entitled ``Elkhorn Ranch Land Parcel-White River National
Forest'' and dated March 2015 shall be conveyed by patent to
the Gordman-Leverich Partnership, a Colorado Limited
Liability Partnership (in this section referred to as
``GLP'').
(b) Existing Rights.--The conveyance under subsection (a)--
(1) is subject to the valid existing rights of the lessee
of Federal oil and gas lease COC-75070 and any other valid
existing rights; and
(2) shall reserve to the United States the right to collect
rent and royalty payments on the lease referred to in
paragraph (1) for the duration of the lease.
(c) Existing Boundaries.--The conveyance under subsection
(a) does not modify the exterior boundary of the White River
National Forest or the boundaries of Sections 18 and 19 of
Township 7 South, Range 93 West, Sixth Principal Meridian,
Colorado, as such boundaries are in effect on the date of the
enactment of this Act.
(d) Time for Conveyance; Payment of Costs.--The conveyance
directed under subsection (a) shall be completed not later
than 180 days after the date of the enactment of this Act.
The conveyance shall be without consideration, except that
all costs incurred by the Secretary of the Interior relating
to any survey, platting, legal description, or other
activities carried out to prepare and issue the patent shall
be paid by GLP to the Secretary prior to the land conveyance.
SEC. 10003. LAND EXCHANGE IN CRAGS, COLORADO.
(a) Purposes.--The purposes of this section are--
(1) to authorize, direct, expedite, and facilitate the land
exchange set forth herein; and
(2) to promote enhanced public outdoor recreational and
natural resource conservation opportunities in the Pike
National Forest near Pikes Peak, Colorado, via acquisition of
the non-Federal land and trail easement.
(b) Definitions.--In this section:
(1) BHI.--The term ``BHI'' means Broadmoor Hotel, Inc., a
Colorado corporation.
(2) Federal land.--The term ``Federal land'' means all
right, title, and interest of the United States in and to
approximately 83 acres of land within the Pike National
Forest, El Paso County, Colorado, together with a non-
exclusive perpetual access easement to BHI to and from such
land on Forest Service Road 371, as generally depicted on the
map entitled ``Proposed Crags Land Exchange-Federal Parcel-
Emerald Valley Ranch'', dated March 2015.
(3) Non-federal land.--The term ``non-Federal land'' means
the land and trail easement to be conveyed to the Secretary
by BHI in the exchange and is--
(A) approximately 320 acres of land within the Pike
National Forest, Teller County, Colorado, as generally
depicted on the map entitled ``Proposed Crags Land Exchange-
Non-Federal Parcel-Crags Property'', dated March 2015; and
(B) a permanent trail easement for the Barr Trail in El
Paso County, Colorado, as generally depicted on the map
entitled ``Proposed Crags Land Exchange-Barr Trail Easement
to United States'', dated March 2015, and which shall be
considered as a voluntary donation to the United States by
BHI for all purposes of law.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, unless otherwise specified.
(c) Land Exchange.--
(1) In general.--If BHI offers to convey to the Secretary
all right, title, and interest of BHI in and to the non-
Federal land, the Secretary shall accept the offer and
simultaneously convey to BHI the Federal land.
(2) Land title.--Title to the non-Federal land conveyed and
donated to the Secretary under this section shall be
acceptable to the Secretary and shall conform to the title
approval standards of the Attorney General of the United
States applicable to land acquisitions by the Federal
Government.
(3) Perpetual access easement to bhi.--The nonexclusive
perpetual access easement to be granted to BHI as shown on
the map referred to in subsection (b)(2) shall allow--
(A) BHI to fully maintain, at BHI's expense, and use Forest
Service Road 371 from its junction with Forest Service Road
368 in accordance with historic use and maintenance patterns
by BHI; and
(B) full and continued public and administrative access and
use of FSR 371 in accordance with the existing Forest Service
travel management plan, or as such plan may be revised by the
Secretary.
(4) Route and condition of road.--BHI and the Secretary may
mutually agree to improve, relocate, reconstruct, or
otherwise alter the route and condition of all or portions of
such road as the Secretary, in close consultation with BHI,
may determine advisable.
(5) Exchange costs.--BHI shall pay for all land survey,
appraisal, and other costs to the Secretary as may be
necessary to process and consummate the exchange directed by
this section, including reimbursement to the Secretary, if
the Secretary so requests, for staff time spent in such
processing and consummation.
(d) Equal Value Exchange and Appraisals.--
(1) Appraisals.--The values of the lands to be exchanged
under this section shall be determined by the Secretary
through appraisals performed in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice;
(C) appraisal instructions issued by the Secretary; and
(D) shall be performed by an appraiser mutually agreed to
by the Secretary and BHI.
(2) Equal value exchange.--The values of the Federal and
non-Federal land parcels exchanged shall be equal, or if they
are not equal, shall be equalized as follows:
(A) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value
of the non-Federal land parcel identified in subsection
(b)(3)(A), BHI shall make a cash equalization payment to the
United States as necessary to achieve equal value, including,
if necessary, an amount in excess of that authorized pursuant
to section 206(b) of the Federal Land Policy and Management
Act of l976 (43 U.S.C. 1716(b)).
(B) Use of funds.--Any cash equalization moneys received by
the Secretary under subparagraph (A) shall be--
(i) deposited in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and
(ii) made available to the Secretary for the acquisition of
land or interests in land in Region 2 of the Forest Service.
(C) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land parcel identified in
subsection (b)(3)(A) exceeds the final appraised value of the
Federal land, the United States shall not make a cash
equalization payment to BHI, and surplus value of the non-
Federal land shall be considered a donation by BHI to the
United States for all purposes of law.
(3) Appraisal exclusions.--
(A) Special use permit.--The appraised value of the Federal
land parcel shall not reflect any increase or diminution in
value due to the special use permit existing on the date of
the enactment of this Act to BHI on the parcel and
improvements thereunder.
(B) Barr trail easement.--The Barr Trail easement donation
identified in subsection (b)(3)(B) shall not be appraised for
purposes of this section.
(e) Miscellaneous Provisions.--
(1) Withdrawal provisions.--
(A) Withdrawal.--Lands acquired by the Secretary under this
section shall, without further action by the Secretary, be
permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
(B) Withdrawal revocation.--Any public land order that
withdraws the Federal land from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcel to
BHI.
(C) Withdrawal of federal land.--All Federal land
authorized to be exchanged under this section, if not already
withdrawn or segregated from appropriation or disposal under
the public lands laws upon enactment of this Act, is hereby
so withdrawn, subject to valid existing rights, until the
date of conveyance of the Federal land to BHI.
(2) Postexchange land management.--Land acquired by the
Secretary under this section shall become part of the Pike-
San Isabel National Forest and be managed in accordance with
the laws, rules, and regulations applicable to the National
Forest System.
(3) Exchange timetable.--It is the intent of Congress that
the land exchange directed by this section be consummated no
later than 1 year after the date of the enactment of this
Act.
[[Page S2271]]
(4) Maps, estimates, and descriptions.--
(A) Minor errors.--The Secretary and BHI may by mutual
agreement make minor boundary adjustments to the Federal and
non-Federal lands involved in the exchange, and may correct
any minor errors in any map, acreage estimate, or description
of any land to be exchanged.
(B) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of land under this
section, the map shall control unless the Secretary and BHI
mutually agree otherwise.
(C) Availability.--Upon enactment of this Act, the
Secretary shall file and make available for public inspection
in the headquarters of the Pike-San Isabel National Forest a
copy of all maps referred to in this section.
SEC. 10004. CERRO DEL YUTA AND RIO SAN ANTONIO WILDERNESS
AREAS.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Monument Proposed Wilderness
Areas'' and dated July 28, 2015.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by subsection (b)(1).
(b) Designation of Cerro Del Yuta and Rio San Antonio
Wilderness Areas.--
(1) In general.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the Rio Grande
del Norte National Monument are designated as wilderness and
as components of the National Wilderness Preservation System:
(A) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted
on the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(B) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,120 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(2) Management of wilderness areas.--Subject to valid
existing rights, the wilderness areas shall be administered
in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this section, except that with respect to the
wilderness areas designated by this subsection--
(A) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(B) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(3) Incorporation of acquired land and interests in land.--
Any land or interest in land within the boundary of the
wilderness areas that is acquired by the United States
shall--
(A) become part of the wilderness area in which the land is
located; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.);
(ii) this section; and
(iii) any other applicable laws.
(4) Grazing.--Grazing of livestock in the wilderness areas,
where established before the date of enactment of this Act,
shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany
H.R. 2570 of the 101st Congress (H. Rept. 101-405).
(5) Buffer zones.--
(A) In general.--Nothing in this section creates a
protective perimeter or buffer zone around the wilderness
areas.
(B) Activities outside wilderness areas.--The fact that an
activity or use on land outside a wilderness area can be seen
or heard within the wilderness area shall not preclude the
activity or use outside the boundary of the wilderness area.
(6) Release of wilderness study areas.--Congress finds
that, for purposes of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the
public land within the San Antonio Wilderness Study Area not
designated as wilderness by this subsection--
(A) has been adequately studied for wilderness designation;
(B) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(C) shall be managed in accordance with this section.
(7) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the wilderness areas with--
(i) the Committee on Energy and Natural Resources of the
Senate; and
(ii) the Committee on Natural Resources of the House of
Representatives.
(B) Force of law.--The map and legal descriptions filed
under subparagraph (A) shall have the same force and effect
as if included in this section, except that the Secretary may
correct errors in the legal description and map.
(C) Public availability.--The map and legal descriptions
filed under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the
Bureau of Land Management.
(8) National landscape conservation system.--The wilderness
areas shall be administered as components of the National
Landscape Conservation System.
(9) Fish and wildlife.--Nothing in this section affects the
jurisdiction of the State of New Mexico with respect to fish
and wildlife located on public land in the State.
(10) Withdrawals.--Subject to valid existing rights, any
Federal land within the wilderness areas designated by
paragraph (1), including any land or interest in land that is
acquired by the United States after the date of enactment of
this Act, is withdrawn from--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(11) Treaty rights.--Nothing in this section enlarges,
diminishes, or otherwise modifies any treaty rights.
SEC. 10005. CLARIFICATION RELATING TO A CERTAIN LAND
DESCRIPTION UNDER THE NORTHERN ARIZONA LAND
EXCHANGE AND VERDE RIVER BASIN PARTNERSHIP ACT
OF 2005.
Section 104(a)(5) of the Northern Arizona Land Exchange and
Verde River Basin Partnership Act of 2005 (Public Law 109-
110; 119 Stat. 2356) is amended by inserting before the
period at the end ``, which, notwithstanding section
102(a)(4)(B), includes the N\1/2\, NE\1/4\, SW\1/4\, SW\1/4\,
the N\1/2\, N\1/2\, SE\1/4\, SW\1/4\, and the N\1/2\, N\1/2\,
SW\1/4\, SE\1/4\, sec. 34, T. 22 N., R. 2 E., Gila and Salt
River Meridian, Coconino County, comprising approximately 25
acres''.
SEC. 10006. COOPER SPUR LAND EXCHANGE CLARIFICATION
AMENDMENTS.
Section 1206(a) of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1018) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``120 acres'' and
inserting ``107 acres''; and
(B) in subparagraph (E)(ii), by inserting ``improvements,''
after ``buildings,''; and
(2) in paragraph (2)--
(A) in subparagraph (D)--
(i) in clause (i), by striking ``As soon as practicable
after the date of enactment of this Act, the Secretary and
Mt. Hood Meadows shall select'' and inserting ``Not later
than 120 days after the date of the enactment of the Energy
Policy Modernization Act of 2016, the Secretary and Mt. Hood
Meadows shall jointly select'';
(ii) in clause (ii), in the matter preceding subclause (I),
by striking ``An appraisal under clause (i) shall'' and
inserting ``Except as provided under clause (iii), an
appraisal under clause (i) shall assign a separate value to
each tax lot to allow for the equalization of values and'';
and
(iii) by adding at the end the following:
``(iii) Final appraised value.--
``(I) In general.--Subject to subclause (II), after the
final appraised value of the Federal land and the non-Federal
land are determined and approved by the Secretary, the
Secretary shall not be required to reappraise or update the
final appraised value for a period of up to 3 years,
beginning on the date of the approval by the Secretary of the
final appraised value.
``(II) Exception.--Subclause (I) shall not apply if the
condition of either the Federal land or the non-Federal land
referred to in subclause (I) is significantly and
substantially altered by fire, windstorm, or other events.
``(iv) Public review.--Before completing the land exchange
under this Act, the Secretary shall make available for public
review the complete appraisals of the land to be
exchanged.''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) Required conveyance conditions.--Prior to the
exchange of the Federal and non-Federal land--
``(i) the Secretary and Mt. Hood Meadows may mutually agree
for the Secretary to reserve a conservation easement to
protect the identified wetland in accordance with applicable
law, subject to the requirements that--
``(I) the conservation easement shall be consistent with
the terms of the September 30, 2015, mediation between the
Secretary and Mt. Hood Meadows; and
``(II) in order to take effect, the conservation easement
shall be finalized not later than 120 days after the date of
enactment of the Energy Policy Modernization Act of 2016; and
``(ii) the Secretary shall reserve a 24-foot-wide
nonexclusive trail easement at the existing trail locations
on the Federal land that retains for the United States
existing rights to construct, reconstruct, maintain, and
permit nonmotorized use by the public of existing trails
subject to the right of the owner of the Federal land--
``(I) to cross the trails with roads, utilities, and
infrastructure facilities; and
``(II) to improve or relocate the trails to accommodate
development of the Federal land.
``(H) Equalization of values.--
``(i) In general.--Notwithstanding subparagraph (A), in
addition to or in lieu of monetary compensation, a lesser
area of Federal land or non-Federal land may be conveyed if
necessary to equalize appraised values of the exchange
properties, without
[[Page S2272]]
limitation, consistent with the requirements of this Act and
subject to the approval of the Secretary and Mt. Hood
Meadows.
``(ii) Treatment of certain compensation or conveyances as
donation.--If, after payment of compensation or adjustment of
land area subject to exchange under this Act, the amount by
which the appraised value of the land and other property
conveyed by Mt. Hood Meadows under subparagraph (A) exceeds
the appraised value of the land conveyed by the Secretary
under subparagraph (A) shall be considered a donation by Mt.
Hood Meadows to the United States.''.
SEC. 10007. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Eligible.--The term ``eligible'', with respect to an
organization or individual, means that the organization or
individual, respectively, is--
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time of the
good Samaritan search-and-recovery mission, have attained the
age of majority under the law of the State where the mission
takes place.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
conducted by an eligible organization or individual for 1 or
more missing individuals believed to be deceased at the time
that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as
applicable.
(b) Process.--
(1) In general.--Each Secretary shall develop and implement
a process to expedite access to Federal land under the
administrative jurisdiction of the Secretary for eligible
organizations and individuals to request access to Federal
land to conduct good Samaritan search-and-recovery missions.
(2) Inclusions.--The process developed and implemented
under this subsection shall include provisions to clarify
that--
(A) an eligible organization or individual granted access
under this section--
(i) shall be acting for private purposes; and
(ii) shall not be considered to be a Federal volunteer;
(B) an eligible organization or individual conducting a
good Samaritan search-and-recovery mission under this section
shall not be considered to be a volunteer under section
102301(c) of title 54, United States Code;
(C) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act''), shall not apply to
an eligible organization or individual carrying out a
privately requested good Samaritan search-and-recovery
mission under this section; and
(D) chapter 81 of title 5, United States Code (commonly
known as the ``Federal Employees Compensation Act''), shall
not apply to an eligible organization or individual
conducting a good Samaritan search-and-recovery mission under
this section, and the conduct of the good Samaritan search-
and-recovery mission shall not constitute civilian
employment.
(c) Release of Federal Government From Liability.--The
Secretary shall not require an eligible organization or
individual to have liability insurance as a condition of
accessing Federal land under this section, if the eligible
organization or individual--
(1) acknowledges and consents, in writing, to the
provisions described in subparagraphs (A) through (D) of
subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from
all liability relating to the access granted under this
section and agrees to indemnify and hold harmless the United
States from any claims or lawsuits arising from any conduct
by the eligible organization or individual on Federal land.
(d) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization or individual of the approval or denial of a
request by the eligible organization or individual to carry
out a good Samaritan search-and-recovery mission under this
section by not later than 48 hours after the request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or individual to carry out a good
Samaritan search-and-recovery mission under this section, the
Secretary shall notify the eligible organization or
individual of--
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or
individual can take to meet the requirements for the request
to be approved.
(e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery
organizations--
(1) to coordinate good Samaritan search-and-recovery
missions on Federal land under the administrative
jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
land under the administrative jurisdiction of the Secretary.
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretaries shall submit to
Congress a joint report describing--
(1) plans to develop partnerships described in subsection
(e)(1); and
(2) efforts carried out to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal land under the administrative
jurisdiction of each Secretary pursuant to subsection (e)(2).
SEC. 10008. BLACK HILLS NATIONAL CEMETERY BOUNDARY
MODIFICATION.
(a) Definitions.--In this section:
(1) Cemetery.--The term ``Cemetery'' means the Black Hills
National Cemetery in Sturgis, South Dakota.
(2) Federal land.--The term ``Federal land'' means the
approximately 200 acres of Bureau of Land Management land
adjacent to the Cemetery, generally depicted as ``Proposed
National Cemetery Expansion'' on the map entitled ``Proposed
Expansion of Black Hills National Cemetery-South Dakota'' and
dated September 28, 2015.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Transfer and Withdrawal of Bureau of Land Management
Land for Cemetery Use.--
(1) Transfer of administrative jurisdiction.--
(A) In general.--Subject to valid existing rights,
administrative jurisdiction over the Federal land is
transferred from the Secretary to the Secretary of Veterans
Affairs for use as a national cemetery in accordance with
chapter 24 of title 38, United States Code.
(B) Legal descriptions.--
(i) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing a legal description of
the Federal land.
(ii) Effect.--A legal description published under clause
(i) shall have the same force and effect as if included in
this section, except that the Secretary may correct any
clerical and typographical errors in the legal description.
(iii) Availability.--Copies of the legal description
published under clause (i) shall be available for public
inspection in the appropriate offices of--
(I) the Bureau of Land Management; and
(II) the National Cemetery Administration.
(iv) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the
Secretary in carrying out this subparagraph, including the
costs of any surveys and other reasonable costs.
(2) Withdrawal.--Subject to valid existing rights, for any
period during which the Federal land is under the
administrative jurisdiction of the Secretary of Veterans
Affairs, the Federal land--
(A) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral
leasing laws, and the geothermal leasing laws; and
(B) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(3) Boundary modification.--The boundary of the Cemetery is
modified to include the Federal land.
(4) Modification of public land order.--Public Land Order
2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to
exclude the Federal land.
(c) Subsequent Transfer of Administrative Jurisdiction.--
(1) Notice.--On a determination by the Secretary of
Veterans Affairs that all or a portion of the Federal land is
not being used for purposes of the Cemetery, the Secretary of
Veterans Affairs shall notify the Secretary of the
determination.
(2) Transfer of administrative jurisdiction.--Subject to
paragraphs (3) and (4), the Secretary of Veterans Affairs
shall transfer to the Secretary administrative jurisdiction
over the Federal land subject to a notice under paragraph
(1).
(3) Decontamination.--The Secretary of Veterans Affairs
shall be responsible for the costs of any decontamination of
the Federal land subject to a notice under paragraph (1) that
the Secretary determines to be necessary for the Federal land
to be restored to public land status.
(4) Restoration to public land status.--The Federal land
subject to a notice under paragraph (1) shall only be
restored to public land status on--
(A) acceptance by the Secretary of the Federal land subject
to the notice; and
(B) a determination by the Secretary that the Federal land
subject to the notice is suitable for--
(i) restoration to public land status; and
(ii) the operation of 1 or more of the public land laws
with respect to the Federal land.
(5) Order.--If the Secretary accepts the Federal land under
paragraph (4)(A) and makes a determination of suitability
under paragraph (4)(B), the Secretary may--
(A) open the accepted Federal land to operation of 1 or
more of the public land laws; and
(B) issue an order to carry out the opening authorized
under subparagraph (A).
Subtitle B--National Park Management, Studies, and Related Matters
SEC. 10101. REFUND OF FUNDS USED BY STATES TO OPERATE
NATIONAL PARKS DURING SHUTDOWN.
(a) In General.--The Director of the National Park Service
shall refund to each State all funds of the State that were
used to reopen and temporarily operate a unit of the National
Park System during the period in October 2013 in which there
was a lapse in appropriations for the unit.
(b) Funding.--Funds of the National Park Service that are
appropriated after the date of enactment of this Act shall be
used to carry out this section.
[[Page S2273]]
SEC. 10102. LOWER FARMINGTON AND SALMON BROOK RECREATIONAL
RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following new paragraph:
``(213) Lower farmington river and salmon brook,
connecticut.--Segments of the main stem and its tributary,
Salmon Brook, totaling approximately 62 miles, to be
administered by the Secretary of the Interior as follows:
``(A) The approximately 27.2-mile segment of the Farmington
River beginning 0.2 miles below the tailrace of the Lower
Collinsville Dam and extending to the site of the Spoonville
Dam in Bloomfield and East Granby as a recreational river.
``(B) The approximately 8.1-mile segment of the Farmington
River extending from 0.5 miles below the Rainbow Dam to the
confluence with the Connecticut River in Windsor as a
recreational river.
``(C) The approximately 2.4-mile segment of the main stem
of Salmon Brook extending from the confluence of the East and
West Branches to the confluence with the Farmington River as
a recreational river.
``(D) The approximately 12.6-mile segment of the West
Branch of Salmon Brook extending from its headwaters in
Hartland, Connecticut to its confluence with the East Branch
of Salmon Brook as a recreational river.
``(E) The approximately 11.4-mile segment of the East
Branch of Salmon Brook extending from the Massachusetts-
Connecticut State line to the confluence with the West Branch
of Salmon Brook as a recreational river.''.
(b) Management.--
(1) In general.--The river segments designated by
subsection (a) shall be managed in accordance with the
management plan and such amendments to the management plan as
the Secretary determines are consistent with this section.
The management plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(2) Committee.--The Secretary shall coordinate the
management responsibilities of the Secretary under this
section with the Lower Farmington River and Salmon Brook Wild
and Scenic Committee, as specified in the management plan.
(3) Cooperative agreements.--
(A) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river
segment designated by subsection (a), the Secretary is
authorized to enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act
with--
(i) the State of Connecticut;
(ii) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and Windsor
in Connecticut; and
(iii) appropriate local planning and environmental
organizations.
(B) Consistency.--All cooperative agreements provided for
under this section shall be consistent with the management
plan and may include provisions for financial or other
assistance from the United States.
(4) Land management.--
(A) Zoning ordinances.--For the purposes of the segments
designated in subsection (a), the zoning ordinances adopted
by the towns in Avon, Bloomfield, Burlington, East Granby,
Farmington, Granby, Hartland, Simsbury, and Windsor in
Connecticut, including provisions for conservation of
floodplains, wetlands and watercourses associated with the
segments, shall be deemed to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers
Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of lands by condemnation shall
apply to the segments designated in subsection (a). The
authority of the Secretary to acquire lands for the purposes
of the segments designated in subsection (a) shall be limited
to acquisition by donation or acquisition with the consent of
the owner of the lands, and shall be subject to the
additional criteria set forth in the management plan.
(5) Rainbow dam.--The designation made by subsection (a)
shall not be construed to--
(A) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including any and
all aspects of its facilities, operations and transmission
lines) by the Federal Energy Regulatory Commission as a
federally licensed hydroelectric generation project under the
Federal Power Act, provided that the Commission may, in the
discretion of the Commission and consistent with this
section, establish such reasonable terms and conditions in a
hydropower license for Rainbow Dam as are necessary to reduce
impacts identified by the Secretary as invading or
unreasonably diminishing the scenic, recreational, and fish
and wildlife values of the segments designated by subsection
(a); or
(B) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(6) Relation to national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Lower Farmington River shall not be
administered as part of the National Park System or be
subject to regulations which govern the National Park System.
(c) Farmington River, Connecticut, Designation Revision.--
Section 3(a)(156) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to
the confluence with the Nepaug River''.
(d) Definitions.--For the purposes of this section:
(1) Management plan.--The term ``management plan'' means
the management plan prepared by the Salmon Brook Wild and
Scenic Study Committee entitled the ``Lower Farmington River
and Salmon Brook Management Plan'' and dated June 2011.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 10103. SPECIAL RESOURCE STUDY OF PRESIDENT STREET
STATION.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means the
President Street Station, a railroad terminal in Baltimore,
Maryland, the history of which is tied to the growth of the
railroad industry in the 19th century, the Civil War, the
Underground Railroad, and the immigrant influx of the early
20th century.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available for the study under paragraph
(1), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that
describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.
SEC. 10104. SPECIAL RESOURCE STUDY OF THURGOOD MARSHALL'S
ELEMENTARY SCHOOL.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means--
(A) P.S. 103, the public school located in West Baltimore,
Maryland, which Thurgood Marshall attended as a youth; and
(B) any other resources in the neighborhood surrounding
P.S. 103 that relate to the early life of Thurgood Marshall.
(b) Special Resource Study.--
(1) Study.--The Secretary shall conduct a special resource
study of the study area.
(2) Contents.--In conducting the study under paragraph (1),
the Secretary shall--
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of
designating the study area as a unit of the National Park
System;
(C) consider other alternatives for preservation,
protection, and interpretation of the study area by the
Federal Government, State or local government entities, or
private and nonprofit organizations;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit
organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) Applicable law.--The study required under paragraph (1)
shall be conducted in accordance with section 100507 of title
54, United States Code.
(4) Report.--Not later than 3 years after the date on which
funds are first made available to carry out the study under
paragraph (1), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.
SEC. 10105. SPECIAL RESOURCE STUDY OF JAMES K. POLK
PRESIDENTIAL HOME.
(a) In General.--The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall conduct a special
resource study of the site of the James K. Polk Home in
Columbia, Tennessee, and adjacent
[[Page S2274]]
property (referred to in this section as the ``site'').
(b) Criteria.--The Secretary shall conduct the study under
subsection (a) in accordance with section 100507 of title 54,
United States Code.
(c) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the site;
(2) determine the suitability and feasibility of
designating the site as a unit of the National Park System;
(3) include cost estimates for any necessary acquisition,
development, operation, and maintenance of the site;
(4) consult with interested Federal, State, or local
governmental entities, private and nonprofit organizations,
or other interested individuals; and
(5) identify alternatives for the management,
administration, and protection of the site.
(d) Report.--Not later than 3 years after the date on which
funds are made available to carry out the study under
subsection (a), the Secretary shall submit to the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings and conclusions of the study; and
(2) any recommendations of the Secretary.
SEC. 10106. NORTH COUNTRY NATIONAL SCENIC TRAIL ROUTE
ADJUSTMENT.
(a) Route Adjustment.--Section 5(a)(8) of the National
Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the
first sentence--
(1) by striking ``thirty two hundred miles, extending from
eastern New York State'' and inserting ``4,600 miles,
extending from the Appalachian Trail in Vermont''; and
(2) by striking ``Proposed North Country Trail'' and all
that follows through ``June 1975.'' and inserting `` `North
Country National Scenic Trail, Authorized Route' dated
February 2014, and numbered 649/116870.''.
(b) No Condemnation.--Section 5(a)(8) of the National
Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding
at the end the following: ``No land or interest in land
outside of the exterior boundary of any Federally
administered area may be acquired by the Federal Government
for the trail by condemnation.''.
SEC. 10107. DESIGNATION OF JAY S. HAMMOND WILDERNESS AREA.
(a) Designation.--The approximately 2,600,000 acres of
National Wilderness Preservation System land located within
the Lake Clark National Park and Preserve designated by
section 201(e)(7)(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 410hh(e)(7)(a)) shall be known
and designated as the ``Jay S. Hammond Wilderness Area''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
wilderness area referred to in subsection (a) shall be deemed
to be a reference to the ``Jay S. Hammond Wilderness Area''.
SEC. 10108. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
Section 304101(a) of title 54, United States Code, is
amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) The General Chairman of the National Association of
Tribal Historic Preservation Officers.''.
SEC. 10109. ESTABLISHMENT OF A VISITOR SERVICES FACILITY ON
THE ARLINGTON RIDGE TRACT.
(a) Definition of Arlington Ridge Tract.--In this section,
the term ``Arlington Ridge tract'' means the parcel of
Federal land located in Arlington County, Virginia, known as
the ``Nevius Tract'' and transferred to the Department of the
Interior in 1953, that is bounded generally by--
(1) Arlington Boulevard (United States Route 50) to the
north;
(2) Jefferson Davis Highway (Virginia Route 110) to the
east;
(3) Marshall Drive to the south; and
(4) North Meade Street to the west.
(b) Establishment of Visitor Services Facility.--
Notwithstanding section 2863(g) of the Military Construction
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1332), the Secretary of the Interior may construct
a structure for visitor services to include a public restroom
facility on the Arlington Ridge tract in the area of the
United States Marine Corps War Memorial.
Subtitle C--Sportsmen's Access and Land Management Issues
PART I--NATIONAL POLICY
SEC. 10201. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.
(a) In General.--Congress declares that it is the policy of
the United States that Federal departments and agencies, in
accordance with the missions of the departments and agencies,
Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7,
1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable
law, shall--
(1) facilitate the expansion and enhancement of hunting,
fishing, and recreational shooting opportunities on Federal
land, in consultation with the Wildlife and Hunting Heritage
Conservation Council, the Sport Fishing and Boating
Partnership Council, State and tribal fish and wildlife
agencies, and the public;
(2) conserve and enhance aquatic systems and the management
of game species and the habitat of those species on Federal
land, including through hunting and fishing, in a manner that
respects--
(A) State management authority over wildlife resources; and
(B) private property rights; and
(3) consider hunting, fishing, and recreational shooting
opportunities as part of all Federal plans for land,
resource, and travel management.
(b) Exclusion.--In this subtitle, the term ``fishing'' does
not include commercial fishing in which fish are harvested,
either in whole or in part, that are intended to enter
commerce through sale.
PART II--SPORTSMEN'S ACCESS TO FEDERAL LAND
SEC. 10211. DEFINITIONS.
In this part:
(1) Federal land.--The term ``Federal land'' means--
(A) any land in 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))) that is
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.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to land
described in paragraph (1)(A); and
(B) the Secretary of the Interior, with respect to land
described in paragraph (1)(B).
SEC. 10212. FEDERAL LAND OPEN TO HUNTING, FISHING, AND
RECREATIONAL SHOOTING.
(a) In General.--Subject to subsection (b), Federal land
shall be open to hunting, fishing, and recreational shooting,
in accordance with applicable law, unless the Secretary
concerned closes an area in accordance with section 6213.
(b) Effect of Part.--Nothing in this part opens to hunting,
fishing, or recreational shooting any land that is not open
to those activities as of the date of enactment of this Act.
SEC. 10213. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND
RECREATIONAL SHOOTING.
(a) Authorization.--
(1) In general.--Subject to paragraph (2) and in accordance
with section 302(b) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may
designate any area on Federal land in which, and establish
any period during which, for reasons of public safety,
administration, or compliance with applicable laws, no
hunting, fishing, or recreational shooting shall be
permitted.
(2) Requirement.--In making a designation under paragraph
(1), the Secretary concerned shall designate the smallest
area for the least amount of time that is required for public
safety, administration, or compliance with applicable laws.
(b) Closure Procedures.--
(1) In general.--Except in an emergency, before permanently
or temporarily closing any Federal land to hunting, fishing,
or recreational shooting, the Secretary concerned shall--
(A) consult with State fish and wildlife agencies; and
(B) provide public notice and opportunity for comment under
paragraph (2).
(2) Public notice and comment.--
(A) In general.--Public notice and comment shall include--
(i) a notice of intent--
(I) published in advance of the public comment period for
the closure--
(aa) in the Federal Register;
(bb) on the website of the applicable Federal agency;
(cc) on the website of the Federal land unit, if available;
and
(dd) in at least 1 local newspaper;
(II) made available in advance of the public comment period
to local offices, chapters, and affiliate organizations in
the vicinity of the closure that are signatories to the
memorandum of understanding entitled ``Federal Lands Hunting,
Fishing, and Shooting Sports Roundtable Memorandum of
Understanding''; and
(III) that describes--
(aa) the proposed closure; and
(bb) the justification for the proposed closure, including
an explanation of the reasons and necessity for the decision
to close the area to hunting, fishing, or recreational
shooting; and
(ii) an opportunity for public comment for a period of--
(I) not less than 60 days for a permanent closure; or
(II) not less than 30 days for a temporary closure.
(B) Final decision.--In a final decision to permanently or
temporarily close an area to hunting, fishing, or recreation
shooting, the Secretary concerned shall--
(i) respond in a reasoned manner to the comments received;
(ii) explain how the Secretary concerned resolved any
significant issues raised by the comments; and
(iii) show how the resolution led to the closure.
[[Page S2275]]
(c) Temporary Closures.--
(1) In general.--A temporary closure under this section may
not exceed a period of 180 days.
(2) Renewal.--Except in an emergency, a temporary closure
for the same area of land closed to the same activities--
(A) may not be renewed more than 3 times after the first
temporary closure; and
(B) must be subject to a separate notice and comment
procedure in accordance with subsection (b)(2).
(3) Effect of temporary closure.--Any Federal land that is
temporarily closed to hunting, fishing, or recreational
shooting under this section shall not become permanently
closed to that activity without a separate public notice and
opportunity to comment in accordance with subsection (b)(2).
(d) Reporting.--On an annual basis, the Secretaries
concerned shall--
(1) publish on a public website a list of all areas of
Federal land temporarily or permanently subject to a closure
under this section; and
(2) submit to the Committee on Energy and Natural Resources
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives a
report that identifies--
(A) a list of each area of Federal land temporarily or
permanently subject to a closure;
(B) the acreage of each closure; and
(C) a survey of--
(i) the aggregate areas and acreage closed under this
section in each State; and
(ii) the percentage of Federal land in each State closed
under this section with respect to hunting, fishing, and
recreational shooting.
(e) Application.--This section shall not apply if the
closure is--
(1) less than 14 days in duration; and
(2) covered by a special use permit.
SEC. 10214. SHOOTING RANGES.
(a) In General.--Except as provided in subsection (b), the
Secretary concerned may, in accordance with this section and
other applicable law, lease or permit the use of Federal land
for a shooting range.
(b) Exception.--The Secretary concerned shall not lease or
permit the use of Federal land for a shooting range, within--
(1) a component of the National Landscape Conservation
System;
(2) a component of the National Wilderness Preservation
System;
(3) any area that is--
(A) designated as a wilderness study area;
(B) administratively classified as--
(i) wilderness-eligible; or
(ii) wilderness-suitable; or
(C) a primitive or semiprimitive area;
(4) a national monument, national volcanic monument, or
national scenic area; or
(5) a component of the National Wild and Scenic Rivers
System (including areas designated for study for potential
addition to the National Wild and Scenic Rivers System).
SEC. 10215. FEDERAL ACTION TRANSPARENCY.
(a) Modification of Equal Access to Justice Provisions.--
(1) Agency proceedings.--Section 504 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``, United States
Code'';
(B) by redesignating subsection (f) as subsection (i); and
(C) by striking subsection (e) and inserting the following:
``(e)(1) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Energy Policy
Modernization Act of 2016, and every fiscal year thereafter,
the Chairman of the Administrative Conference of the United
States, after consultation with the Chief Counsel for
Advocacy of the Small Business Administration, shall submit
to Congress and make publicly available online a report on
the amount of fees and other expenses awarded during the
preceding fiscal year under this section.
``(2) Each report under paragraph (1) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that
may aid Congress in evaluating the scope and impact of such
awards.
``(3)(A) Each report under paragraph (1) shall account for
all payments of fees and other expenses awarded under this
section that are made pursuant to a settlement agreement,
regardless of whether the settlement agreement is sealed or
otherwise subject to a nondisclosure provision.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) shall not affect any other information
that is subject to a nondisclosure provision in a settlement
agreement.
``(f) As soon as practicable, and in any event not later
than the date on which the first report under subsection
(e)(1) is required to be submitted, the Chairman of the
Administrative Conference of the United States shall create
and maintain online a searchable database containing, with
respect to each award of fees and other expenses under this
section made on or after the date of enactment of the Energy
Policy Modernization Act of 2016, the following information:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, if
available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made as
such party is identified in the order or other court document
making the award.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in
subsection (f) may not reveal any information the disclosure
of which is prohibited by law or a court order.
``(h) The head of each agency shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of subsections (e), (f), and
(g).''.
(2) Court cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Energy Policy
Modernization Act of 2016, and every fiscal year thereafter,
the Chairman of the Administrative Conference of the United
States shall submit to Congress and make publicly available
online a report on the amount of fees and other expenses
awarded during the preceding fiscal year pursuant to this
subsection.
``(B) Each report under subparagraph (A) shall describe the
number, nature, and amount of the awards, the claims involved
in the controversy, and any other relevant information that
may aid Congress in evaluating the scope and impact of such
awards.
``(C)(i) Each report under subparagraph (A) shall account
for all payments of fees and other expenses awarded under
this subsection that are made pursuant to a settlement
agreement, regardless of whether the settlement agreement is
sealed or otherwise subject to a nondisclosure provision.
``(ii) The disclosure of fees and other expenses required
under clause (i) shall not affect any other information that
is subject to a nondisclosure provision in a settlement
agreement.
``(D) The Chairman of the Administrative Conference of the
United States shall include and clearly identify in each
annual report under subparagraph (A), for each case in which
an award of fees and other expenses is included in the
report--
``(i) any amounts paid under section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) As soon as practicable, and in any event not later
than the date on which the first report under paragraph
(5)(A) is required to be submitted, the Chairman of the
Administrative Conference of the United States shall create
and maintain online a searchable database containing, with
respect to each award of fees and other expenses under this
subsection made on or after the date of enactment of the
Energy Policy Modernization Act of 2016, the following
information:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made as
such party is identified in the order or other court document
making the award.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph
(6) may not reveal any information the disclosure of which is
prohibited by law or a court order.
``(8) The head of each agency (including the Attorney
General of the United States) shall provide to the Chairman
of the Administrative Conference of the United States in a
timely manner all information requested by the Chairman to
comply with the requirements of paragraphs (5), (6), and
(7).''.
(3) Technical and conforming amendments.--Section 2412 of
title 28, United States Code, is amended--
(A) in subsection (d)(3), by striking ``United States
Code,''; and
(B) in subsection (e)--
(i) by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''; and
(ii) by striking ``of such title'' and inserting ``of this
title''.
(b) Judgment Fund Transparency.--Section 1304 of title 31,
United States Code, is amended by adding at the end the
following:
``(d) Beginning not later than the date that is 60 days
after the date of enactment of the Energy Policy
Modernization Act of 2016, and unless the disclosure of such
information is otherwise prohibited by law or a court order,
the Secretary of the Treasury shall make available to the
public on a website, as soon as practicable, but not later
than 30 days after the date on which a payment under this
section is tendered, the following information with regard to
that payment:
``(1) The name of the specific agency or entity whose
actions gave rise to the claim or judgment.
``(2) The name of the plaintiff or claimant.
``(3) The name of counsel for the plaintiff or claimant.
``(4) The amount paid representing principal liability, and
any amounts paid representing any ancillary liability,
including attorney fees, costs, and interest.
[[Page S2276]]
``(5) A brief description of the facts that gave rise to
the claim.
``(6) The name of the agency that submitted the claim.''.
PART III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND
SEC. 10221. COMMERCIAL FILMING.
(a) In General.--Section 1 of Public Law 106-206 (16 U.S.C.
460l-6d) is amended--
(1) by redesignating subsections (a) through (f) as
subsections (b) through (g), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Secretary.--The term `Secretary' means
the Secretary of the Interior or the Secretary of
Agriculture, as applicable, with respect to land under the
respective jurisdiction of the Secretary.'';
(3) in subsection (b) (as so redesignated)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``of the Interior or
the Secretary of Agriculture (hereafter individually referred
to as the `Secretary' with respect to land (except land in a
System unit as defined in section 100102 of title 54, United
States Code) under their respective jurisdictions)''; and
(ii) in subparagraph (B), by inserting ``, except in the
case of film crews of 3 or fewer individuals'' before the
period at the end; and
(B) by adding at the end the following:
``(3) Fee schedule.--Not later than 180 days after the date
of enactment of the Energy Policy Modernization Act of 2016,
to enhance consistency in the management of Federal land, the
Secretaries shall publish a single joint land use fee
schedule for commercial filming and still photography.'';
(4) in subsection (c) (as so redesignated), in the second
sentence, by striking ``subsection (a)'' and inserting
``subsection (b)'';
(5) in subsection (d) (as so redesignated), in the heading,
by inserting ``Commercial'' before ``Still'';
(6) in paragraph (1) of subsection (f) (as so
redesignated), by inserting ``in accordance with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''
after ``without further appropriation,'';
(7) in subsection (g) (as so redesignated)--
(A) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Considerations.--The Secretary shall not consider
subject matter or content as a criterion for issuing or
denying a permit under this Act.''; and
(8) by adding at the end the following:
``(h) Exemption From Commercial Filming or Still
Photography Permits and Fees.--The Secretary shall not
require persons holding commercial use authorizations or
special recreation permits to obtain an additional permit or
pay a fee for commercial filming or still photography under
this Act if the filming or photography conducted is--
``(1) incidental to the permitted activity that is the
subject of the commercial use authorization or special
recreation permit; and
``(2) the holder of the commercial use authorization or
special recreation permit is an individual or small business
concern (within the meaning of section 3 of the Small
Business Act (15 U.S.C. 632)).
``(i) Exception From Certain Fees.--Commercial filming or
commercial still photography shall be exempt from fees under
this Act, but not from recovery of costs under subsection
(c), if the activity--
``(1) is conducted by an entity that is a small business
concern (within the meaning of section 3 of the Small
Business Act (15 U.S.C. 632));
``(2) is conducted by a crew of not more than 3
individuals; and
``(3) uses only a camera and tripod.
``(j) Applicability to News Gathering Activities.--
``(1) In general.--News gathering shall not be considered a
commercial activity.
``(2) Included activities.--In this subsection, the term
`news gathering' includes, at a minimum, the gathering,
recording, and filming of news and information related to
news in any medium.''.
(b) Conforming Amendments.--Chapter 1009 of title 54,
United States Code, is amended--
(1) by striking section 100905; and
(2) in the table of sections for chapter 1009 of title 54,
United States Code, by striking the item relating to section
100905.
PART IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR
RECREATION, HUNTING, AND FISHING
SEC. 10231. BOWS IN PARKS.
(a) In General.--Chapter 1049 of title 54, United States
Code (as amended by section 5001(a)), is amended by adding at
the end the following:
``Sec. 104909. Bows in parks
``(a) Definition of Not Ready for Immediate Use.--The term
`not ready for immediate use' means--
``(1) a bow or crossbow, the arrows of which are secured or
stowed in a quiver or other arrow transport case; and
``(2) with respect to a crossbow, uncocked.
``(b) Vehicular Transportation Authorized.--The Director
shall not promulgate or enforce any regulation that prohibits
an individual from transporting bows and crossbows that are
not ready for immediate use across any System unit in the
vehicle of the individual if--
``(1) the individual is not otherwise prohibited by law
from possessing the bows and crossbows;
``(2) the bows or crossbows that are not ready for
immediate use remain inside the vehicle of the individual
throughout the period during which the bows or crossbows are
transported across System land; and
``(3) the possession of the bows and crossbows is in
compliance with the law of the State in which the System unit
is located.''.
(b) Clerical Amendment.--The table of sections for chapter
1049 of title 54, United States Code (as amended by section
5001(b)), is amended by inserting after the item relating to
section 104908 the following:
``104909. Bows in parks.''.
SEC. 10232. WILDLIFE MANAGEMENT IN PARKS.
(a) In General.--Chapter 1049 of title 54, United States
Code (as amended by section 6231(a)), is amended by adding at
the end the following:
``SEC. 104910. WILDLIFE MANAGEMENT IN PARKS.
``(a) Use of Qualified Volunteers.--If the Secretary
determines it is necessary to reduce the size of a wildlife
population on System land in accordance with applicable law
(including regulations), the Secretary may use qualified
volunteers to assist in carrying out wildlife management on
System land.
``(b) Requirements for Qualified Volunteers.--Qualified
volunteers providing assistance under subsection (a) shall be
subject to--
``(1) any training requirements or qualifications
established by the Secretary; and
``(2) any other terms and conditions that the Secretary may
require.''.
(b) Clerical Amendment.--The table of sections for chapter
1049 of title 54 (as amended by section 6231(b)), United
States Code, is amended by inserting after the item relating
to section 104909 the following:
``104910. Wildlife management in parks.''.
SEC. 10233. IDENTIFYING OPPORTUNITIES FOR RECREATION,
HUNTING, AND FISHING ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to land
administered by--
(i) the Director of the National Park Service;
(ii) the Director of the United States Fish and Wildlife
Service; and
(iii) the Director of the Bureau of Land Management; and
(B) the Secretary of Agriculture, with respect to land
administered by the Chief of the Forest Service.
(2) State or regional office.--The term ``State or regional
office'' means--
(A) a State office of the Bureau of Land Management; or
(B) a regional office of--
(i) the National Park Service;
(ii) the United States Fish and Wildlife Service; or
(iii) the Forest Service.
(3) Travel management plan.--The term ``travel management
plan'' means a plan for the management of travel--
(A) with respect to land under the jurisdiction of the
National Park Service, on park roads and designated routes
under section 4.10 of title 36, Code of Federal Regulations
(or successor regulations);
(B) with respect to land under the jurisdiction of the
United States Fish and Wildlife Service, on the land under a
comprehensive conservation plan prepared under section 4(e)
of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd(e));
(C) with respect to land under the jurisdiction of the
Forest Service, on National Forest System land under part 212
of title 36, Code of Federal Regulations (or successor
regulations); and
(D) with respect to land under the jurisdiction of the
Bureau of Land Management, under a resource management plan
developed under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.).
(b) Priority Lists Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, annually during the 10-year period
beginning on the date on which the first priority list is
completed, and every 5 years after the end of the 10-year
period, the Secretary shall prepare a priority list, to be
made publicly available on the website of the applicable
Federal agency referred to in subsection (a)(1), which shall
identify the location and acreage of land within the
jurisdiction of each State or regional office on which the
public is allowed, under Federal or State law, to hunt, fish,
or use the land for other recreational purposes but--
(A) to which there is no public access or egress; or
(B) to which public access or egress to the legal
boundaries of the land is significantly restricted (as
determined by the Secretary).
(2) Minimum size.--Any land identified under paragraph (1)
shall consist of contiguous acreage of at least 640 acres.
(3) Considerations.--In preparing the priority list
required under paragraph (1), the Secretary shall consider
with respect to the land--
(A) whether access is absent or merely restricted,
including the extent of the restriction;
(B) the likelihood of resolving the absence of or
restriction to public access;
(C) the potential for recreational use;
(D) any information received from the public or other
stakeholders during the nomination process described in
paragraph (5); and
(E) any other factor as determined by the Secretary.
[[Page S2277]]
(4) Adjacent land status.--For each parcel of land on the
priority list, the Secretary shall include in the priority
list whether resolving the issue of public access or egress
to the land would require acquisition of an easement, right-
of-way, or fee title from--
(A) another Federal agency;
(B) a State, local, or tribal government; or
(C) a private landowner.
(5) Nomination process.--In preparing a priority list under
this section, the Secretary shall provide an opportunity for
members of the public to nominate parcels for inclusion on
the priority list.
(c) Access Options.--With respect to land included on a
priority list described in subsection (b), the Secretary
shall develop and submit to the Committees on Appropriations
and Energy and Natural Resources of the Senate and the
Committees on Appropriations and Natural Resources of the
House of Representatives a report on options for providing
access that--
(1) identifies how public access and egress could
reasonably be provided to the legal boundaries of the land in
a manner that minimizes the impact on wildlife habitat and
water quality;
(2) specifies the steps recommended to secure the access
and egress, including acquiring an easement, right-of-way, or
fee title from a willing owner of any land that abuts the
land or the need to coordinate with State land management
agencies or other Federal, State, or tribal governments to
allow for such access and egress; and
(3) is consistent with the travel management plan in effect
on the land.
(d) Protection of Personally Identifying Information.--In
making the priority list and report prepared under
subsections (b) and (c) available, the Secretary shall ensure
that no personally identifying information is included, such
as names or addresses of individuals or entities.
(e) Willing Owners.--For purposes of providing any permits
to, or entering into agreements with, a State, local, or
tribal government or private landowner with respect to the
use of land under the jurisdiction of the government or
landowner, the Secretary shall not take into account whether
the State, local, or tribal government or private landowner
has granted or denied public access or egress to the land.
(f) Means of Public Access and Egress Included.--In
considering public access and egress under subsections (b)
and (c), the Secretary shall consider public access and
egress to the legal boundaries of the land described in those
subsections, including access and egress--
(1) by motorized or non-motorized vehicles; and
(2) on foot or horseback.
(g) Effect.--
(1) In general.--This section shall have no effect on
whether a particular recreational use shall be allowed on the
land included in a priority list under this section.
(2) Effect of allowable uses on agency consideration.--In
preparing the priority list under subsection (b), the
Secretary shall only consider recreational uses that are
allowed on the land at the time that the priority list is
prepared.
PART V--FEDERAL LAND TRANSACTION FACILITATION ACT
SEC. 10241. FEDERAL LAND TRANSACTION FACILITATION ACT.
(a) In General.--The Federal Land Transaction Facilitation
Act is amended--
(1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on
the date of enactment of this Act was'' and inserting ``is'';
(2) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``(as in effect on the
date of enactment of this Act)''; and
(B) by striking subsection (d);
(3) in section 206 (43 U.S.C. 2305), by striking subsection
(f); and
(4) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting ``96-586''; and
(ii) by striking ``; or'' and inserting a semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;'' before ``112
Stat.''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
(b) Funds to Treasury.--Of the amounts deposited in the
Federal Land Disposal Account, there shall be transferred to
the general fund of the Treasury $1,000,000 for each of
fiscal years 2016 through 2025.
PART VI--FISH AND WILDLIFE CONSERVATION
SEC. 10251. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE
RESTORATION ACT.
(a) Purpose.--The purpose of this section is to facilitate
the construction and expansion of public target ranges,
including ranges on Federal land managed by the Forest
Service and the Bureau of Land Management.
(b) Definition of Public Target Range.--In this section,
the term ``public target range'' means a specific location
that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
(c) Amendments to Pittman-robertson Wildlife Restoration
Act.--
(1) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or shotgun
shooting;''.
(2) Expenditures for management of wildlife areas and
resources.--Section 8(b) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669g(b)) is amended--
(A) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(B) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(C) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(D) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(E) by inserting after paragraph (1) (as designated by
subparagraph (A)) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the
cost of acquiring land for, expanding, or constructing a
public target range.''.
(3) Firearm and bow hunter education and safety program
grants.--Section 10 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669h-1) is amended--
(A) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section
4(b), the State may elect to allocate not more than 10
percent, to be combined with the amount apportioned to the
State under paragraph (1) for that fiscal year, for acquiring
land for, expanding, or constructing a public target
range.'';
(B) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding,
or constructing a public target range in a State on Federal
or non-Federal land pursuant to this section or section 8(b)
shall not exceed 90 percent of the cost of the activity.'';
and
(C) in subsection (c)(1)--
(i) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
amounts made''; and
(ii) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring land for,
constructing, or expanding a public target range shall remain
available for expenditure and obligation during the 5-fiscal-
year period beginning on October 1 of the first fiscal year
for which the amounts are made available.''.
(d) Sense of Congress Regarding Cooperation.--It is the
sense of Congress that, consistent with applicable laws
(including regulations), the Chief of the Forest Service and
the Director of the Bureau of Land Management should
cooperate with State and local authorities and other entities
to carry out waste removal and other activities on any
Federal land used as a public target range to encourage
continued use of that land for target practice or
marksmanship training.
SEC. 10252. NORTH AMERICAN WETLANDS CONSERVATION ACT.
(a) Conservation Incentives Landowner Education Program.--
Any acquisition of land (including any interest in land)
under the North American Wetlands Conservation Act (16 U.S.C.
4401 et seq.) shall be subject to the notification
requirements under section [50__(d)].
(b) Authorization of Appropriations.--Section 7(c) of the
North American Wetlands Conservation Act (16 U.S.C. 4406(c))
is amended--
(1) in paragraph (4), by striking ``and'';
[[Page S2278]]
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $50,000,000 for each of fiscal years 2015 through
2020.''.
SEC. 10253. NATIONAL FISH HABITAT CONSERVATION.
(a) Short Title.--This section may be cited as the
``National Fish Habitat Conservation Through Partnerships
Act''.
(b) Purpose.--The purpose of this section is to encourage
partnerships among public agencies and other interested
parties to promote fish conservation--
(1) to achieve measurable habitat conservation results
through strategic actions of Fish Habitat Partnerships that
lead to better fish habitat conditions and increased fishing
opportunities by--
(A) improving ecological conditions;
(B) restoring natural processes; or
(C) preventing the decline of intact and healthy systems;
(2) to establish a consensus set of national conservation
strategies as a framework to guide future actions and
investment by Fish Habitat Partnerships;
(3) to broaden the community of support for fish habitat
conservation by--
(A) increasing fishing opportunities;
(B) fostering the participation of local communities,
especially young people in local communities, in conservation
activities; and
(C) raising public awareness of the role healthy fish
habitat play in the quality of life and economic well-being
of local communities;
(4) to fill gaps in the National Fish Habitat Assessment
and the associated database of the National Fish Habitat
Assessment--
(A) to empower strategic conservation actions supported by
broadly available scientific information; and
(B) to integrate socioeconomic data in the analysis to
improve the lives of humans in a manner consistent with fish
habitat conservation goals; and
(5) to communicate to the public and conservation
partners--
(A) the conservation outcomes produced collectively by Fish
Habitat Partnerships; and
(B) new opportunities and voluntary approaches for
conserving fish habitat.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Environment and Public Works of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Board.--The term ``Board'' means the National Fish
Habitat Board established by subsection (d)(1)(A).
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Epa assistant administrator.--The term ``EPA Assistant
Administrator'' means the Assistant Administrator for Water
of the Environmental Protection Agency.
(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. 450b).
(6) Noaa assistant administrator.--The term ``NOAA
Assistant Administrator'' means the Assistant Administrator
for Fisheries of the National Oceanic and Atmospheric
Administration.
(7) Partnership.--The term ``Partnership'' means a self-
governed entity designated by the Board as a Fish Habitat
Conservation Partnership pursuant to subsection (e)(1).
(8) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land; or
(B) water (including water rights).
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States.
(11) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State; and
(B) any department or division of a department or agency of
a State that manages in the public trust the inland or marine
fishery resources or sustains the habitat for those fishery
resources of the State pursuant to State law or the
constitution of the State.
(d) National Fish Habitat Board.--
(1) Establishment.--
(A) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(i) to promote, oversee, and coordinate the implementation
of this section;
(ii) to establish national goals and priorities for fish
habitat conservation;
(iii) to approve Partnerships; and
(iv) to review and make recommendations regarding fish
habitat conservation projects.
(B) Membership.--The Board shall be composed of 25 members,
of whom--
(i) 1 shall be a representative of the Department of the
Interior;
(ii) 1 shall be a representative of the United States
Geological Survey;
(iii) 1 shall be a representative of the Department of
Commerce;
(iv) 1 shall be a representative of the Department of
Agriculture;
(v) 1 shall be a representative of the Association of Fish
and Wildlife Agencies;
(vi) 4 shall be representatives of State agencies, 1 of
whom shall be nominated by a regional association of fish and
wildlife agencies from each of the Northeast, Southeast,
Midwest, and Western regions of the United States;
(vii) 1 shall be a representative of either--
(I) Indian tribes in the State of Alaska; or
(II) Indian tribes in States other than the State of
Alaska;
(viii) 1 shall be a representative of either--
(I) the Regional Fishery Management Councils established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852); or
(II) a representative of the Marine Fisheries Commissions,
which is composed of--
(aa) the Atlantic States Marine Fisheries Commission;
(bb) the Gulf States Marine Fisheries Commission; and
(cc) the Pacific States Marine Fisheries Commission;
(ix) 1 shall be a representative of the Sportfishing and
Boating Partnership Council;
(x) 7 shall be representatives selected from each of--
(I) the recreational sportfishing industry;
(II) the commercial fishing industry;
(III) marine recreational anglers;
(IV) freshwater recreational anglers;
(V) habitat conservation organizations; and
(VI) science-based fishery organizations;
(xi) 1 shall be a representative of a national private
landowner organization;
(xii) 1 shall be a representative of an agricultural
production organization;
(xiii) 1 shall be a representative of local government
interests involved in fish habitat restoration;
(xiv) 2 shall be representatives from different sectors of
corporate industries, which may include--
(I) natural resource commodity interests, such as petroleum
or mineral extraction;
(II) natural resource user industries; and
(III) industries with an interest in fish and fish habitat
conservation; and
(xv) 1 shall be a leadership private sector or landowner
representative of an active partnership.
(C) Compensation.--A member of the Board shall serve
without compensation.
(D) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of the
member in the performance of the duties of the Board.
(2) Appointment and terms.--
(A) In general.--Except as otherwise provided in this
subsection, a member of the Board described in any of clauses
(vi) through (xiv) of paragraph (1)(B) shall serve for a term
of 3 years.
(B) Initial board membership.--
(i) In general.--The initial Board will consist of
representatives as described in clauses (i) through (vi) of
paragraph (1)(B).
(ii) Remaining members.--Not later than 60 days after the
date of enactment of this Act, the representatives of the
initial Board pursuant to clause (i) shall appoint the
remaining members of the Board described in clauses (viii)
through (xiv) of paragraph (1)(B).
(iii) Tribal representatives.--Not later than 60 days after
the enactment of this Act, the Secretary shall provide to the
Board a recommendation of not fewer than 3 tribal
representatives, from which the Board shall appoint 1
representative pursuant to clause (vii) of paragraph (1)(B).
(C) Transitional terms.--Of the members described in
paragraph (1)(B)(x) initially appointed to the Board--
(i) 2 shall be appointed for a term of 1 year;
(ii) 2 shall be appointed for a term of 2 years; and
(iii) 3 shall be appointed for a term of 3 years.
(D) Vacancies.--
(i) In general.--A vacancy of a member of the Board
described in any of clauses (viii) through (xiv) of paragraph
(1)(B) shall be filled by an appointment made by the
remaining members of the Board.
(ii) Tribal representatives.--Following a vacancy of a
member of the Board described in clause (vii) of paragraph
(1)(B), the Secretary shall recommend to the Board a list of
not fewer than 3 tribal representatives, from which the
remaining members of the Board shall appoint a representative
to fill the vacancy.
(E) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to
serve on the Board until a successor is appointed.
(F) Removal.--If a member of the Board described in any of
clauses (viii) through (xiv) of paragraph (1)(B) misses 3
consecutive regularly scheduled Board meetings, the members
of the Board may--
(i) vote to remove that member; and
(ii) appoint another individual in accordance with
subparagraph (D).
(3) Chairperson.--
(A) In general.--The representative of the Association of
Fish and Wildlife Agencies appointed pursuant to paragraph
(1)(B)(v) shall serve as Chairperson of the Board.
(B) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(4) Meetings.--
(A) In general.--The Board shall meet--
(i) at the call of the Chairperson; but
[[Page S2279]]
(ii) not less frequently than twice each calendar year.
(B) Public access.--All meetings of the Board shall be open
to the public.
(5) Procedures.--
(A) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(i) a requirement that a quorum of the members of the Board
be present to transact business;
(ii) a requirement that no recommendations may be adopted
by the Board, except by the vote of \2/3\ of all members;
(iii) procedures for establishing national goals and
priorities for fish habitat conservation for the purposes of
this section;
(iv) procedures for designating Partnerships under
subsection (e); and
(v) procedures for reviewing, evaluating, and making
recommendations regarding fish habitat conservation projects.
(B) Quorum.--A majority of the members of the Board shall
constitute a quorum.
(e) Fish Habitat Partnerships.--
(1) Authority to approve.--The Board may approve and
designate Fish Habitat Partnerships in accordance with this
subsection.
(2) Purposes.--The purposes of a Partnership shall be--
(A) to work with other regional habitat conservation
programs to promote cooperation and coordination to enhance
fish and fish habitats;
(B) to engage local and regional communities to build
support for fish habitat conservation;
(C) to involve diverse groups of public and private
partners;
(D) to develop collaboratively a strategic vision and
achievable implementation plan that is scientifically sound;
(E) to leverage funding from sources that support local and
regional partnerships;
(F) to use adaptive management principles, including
evaluation of project success and functionality;
(G) to develop appropriate local or regional habitat
evaluation and assessment measures and criteria that are
compatible with national habitat condition measures; and
(H) to implement local and regional priority projects that
improve conditions for fish and fish habitat.
(3) Criteria for approval.--An entity seeking to be
designated as a Partnership shall--
(A) submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require; and
(B) demonstrate to the Board that the entity has--
(i) a focus on promoting the health of important fish and
fish habitats;
(ii) an ability to coordinate the implementation of
priority projects that support the goals and national
priorities set by the Board that are within the Partnership
boundary;
(iii) a self-governance structure that supports the
implementation of strategic priorities for fish habitat;
(iv) the ability to develop local and regional
relationships with a broad range of entities to further
strategic priorities for fish and fish habitat;
(v) a strategic plan that details required investments for
fish habitat conservation that addresses the strategic fish
habitat priorities of the Partnership and supports and meets
the strategic priorities of the Board;
(vi) the ability to develop and implement fish habitat
conservation projects that address strategic priorities of
the Partnership and the Board; and
(vii) the ability to develop fish habitat conservation
priorities based on sound science and data, the ability to
measure the effectiveness of fish habitat projects of the
Partnership, and a clear plan as to how Partnership science
and data components will be integrated with the overall Board
science and data effort.
(4) Approval.--The Board may approve an application for a
Partnership submitted under paragraph (3) if the Board
determines that the applicant--
(A) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group
of public and private partners, which may include State or
local governments, nonprofit entities, Indian tribes, and
private individuals, that are focused on conservation of fish
habitats to achieve results across jurisdictional boundaries
on public and private land;
(B) is organized to promote the health of important fish
species and important fish habitats, including reservoirs,
natural lakes, coastal and marine environments, and
estuaries;
(C) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus
areas or key stressors or impairments to facilitate strategic
planning and decisionmaking;
(D) is able to address issues and priorities on a
nationally significant scale;
(E) includes a governance structure that--
(i) reflects the range of all partners; and
(ii) promotes joint strategic planning and decisionmaking
by the applicant;
(F) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address the
decline in fish populations, rather than simply treating
symptoms, in accordance with the goals and national
priorities established by the Board; and
(G) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
(f) Fish Habitat Conservation Projects.--
(1) Submission to board.--Not later than March 31 of each
calendar year, each Partnership shall submit to the Board a
list of priority fish habitat conservation projects
recommended by the Partnership for annual funding under this
section.
(2) Recommendations by board.--Not later than July 1 of
each calendar year, the Board shall submit to the Secretary a
priority list of fish habitat conservation projects that
includes the description, including estimated costs, of each
project that the Board recommends that the Secretary approve
and fund under this section for the following fiscal year.
(3) Criteria for project selection.--The Board shall select
each fish habitat conservation project to be recommended to
the Secretary under paragraph (2) after taking into
consideration, at a minimum, the following information:
(A) A recommendation of the Partnership that is, or will
be, participating actively in implementing the fish habitat
conservation project.
(B) The capabilities and experience of project proponents
to implement successfully the proposed project.
(C) The extent to which the fish habitat conservation
project--
(i) fulfills a local or regional priority that is directly
linked to the strategic plan of the Partnership and is
consistent with the purpose of this section;
(ii) addresses the national priorities established by the
Board;
(iii) is supported by the findings of the Habitat
Assessment of the Partnership or the Board, and aligns or is
compatible with other conservation plans;
(iv) identifies appropriate monitoring and evaluation
measures and criteria that are compatible with national
measures;
(v) provides a well-defined budget linked to deliverables
and outcomes;
(vi) leverages other funds to implement the project;
(vii) addresses the causes and processes behind the decline
of fish or fish habitats; and
(viii) includes an outreach or education component that
includes the local or regional community.
(D) The availability of sufficient non-Federal funds to
match Federal contributions for the fish habitat conservation
project, as required by paragraph (5);
(E) The extent to which the local or regional fish habitat
conservation project--
(i) will increase fish populations in a manner that leads
to recreational fishing opportunities for the public;
(ii) will be carried out through a cooperative agreement
among Federal, State, and local governments, Indian tribes,
and private entities;
(iii) increases public access to land or water for fish and
wildlife-dependent recreational opportunities;
(iv) advances the conservation of fish and wildlife species
that have been identified by the States as species of
greatest conservation need;
(v) where appropriate, advances the conservation of fish
and fish habitats under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
other relevant Federal law and State wildlife action plans;
and
(vi) promotes strong and healthy fish habitats so that
desired biological communities are able to persist and adapt.
(F) The substantiality of the character and design of the
fish habitat conservation project.
(4) Limitations.--
(A) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
paragraph (2) or provided financial assistance under this
section unless the fish habitat conservation project includes
an evaluation plan designed using applicable Board guidance--
(i) to appropriately assess the biological, ecological, or
other results of the habitat protection, restoration, or
enhancement activities carried out using the assistance;
(ii) to reflect appropriate changes to the fish habitat
conservation project if the assessment substantiates that the
fish habitat conservation project objectives are not being
met;
(iii) to identify improvements to existing fish
populations, recreational fishing opportunities and the
overall economic benefits for the local community of the fish
habitat conservation project; and
(iv) to require the submission to the Board of a report
describing the findings of the assessment.
(B) Acquisition authorities.--
(i) In general.--A State, local government, or other non-
Federal entity is eligible to receive funds for the
acquisition of real property from willing sellers under this
section if the acquisition ensures 1 of--
(I) public access for compatible fish and wildlife-
dependent recreation; or
(II) a scientifically based, direct enhancement to the
health of fish and fish populations, as determined by the
Board.
(ii) State agency approval.--
(I) In general.--All real property interest acquisition
projects funded under this section are required to be
approved by the State agency in the State in which the
project is occurring.
[[Page S2280]]
(II) Prohibition.--The Board may not recommend, and the
Secretary may not provide any funding for, any real property
interest acquisition that has not been approved by the State
agency.
(iii) Assessment of other authorities.--The Fish Habitat
Partnership shall conduct a project assessment, submitted
with the funding request and approved by the Board, to
demonstrate all other Federal, State, and local authorities
for the acquisition of real property have been exhausted.
(iv) Restrictions.--A real property interest may not be
acquired pursuant to a fish habitat conservation project by a
State, local government, or other non-Federal entity,
unless--
(I) the owner of the real property authorizes the State,
local government, or other non-Federal entity to acquire the
real property; and
(II) the Secretary and the Board determine that the State,
local government, or other non-Federal entity would benefit
from undertaking the management of the real property being
acquired because that is in accordance with the goals of a
partnership.
(5) Non-federal contributions.--
(A) In general.--Except as provided in subparagraph (B), no
fish habitat conservation project may be recommended by the
Board under paragraph (2) or provided financial assistance
under this section unless at least 50 percent of the cost of
the fish habitat conservation project will be funded with
non-Federal funds.
(B) Non-federal share.--The non-Federal share of the cost
of a fish habitat conservation project--
(i) may not be derived from another Federal grant program;
but
(ii) may include in-kind contributions and cash.
(C) Special rule for indian tribes.--Notwithstanding
subparagraph (A) or any other provision of law, any funds
made available to an Indian tribe pursuant to this section
may be considered to be non-Federal funds for the purpose of
subparagraph (A).
(6) Approval.--
(A) In general.--Not later than 90 days after the date of
receipt of the recommended priority list of fish habitat
conservation projects under paragraph (2), subject to the
limitations of paragraph (4), and based, to the maximum
extent practicable, on the criteria described in paragraph
(3), the Secretary, after consulting with the Secretary of
Commerce on marine or estuarine projects, shall approve or
reject any fish habitat conservation project recommended by
the Board.
(B) Funding.--If the Secretary approves a fish habitat
conservation project under subparagraph (A), the Secretary
shall use amounts made available to carry out this section to
provide funds to carry out the fish habitat conservation
project.
(C) Notification.--If the Secretary rejects any fish
habitat conservation project recommended by the Board under
paragraph (2), not later than 180 days after the date of
receipt of the recommendation, the Secretary shall provide to
the Board, the appropriate Partnership, and the appropriate
congressional committees a written statement of the reasons
that the Secretary rejected the fish habitat conservation
project.
(g) Technical and Scientific Assistance.--
(1) In general.--The Director, the NOAA Assistant
Administrator, the EPA Assistant Administrator, and the
Director of the United States Geological Survey, in
coordination with the Forest Service and other appropriate
Federal departments and agencies, may provide scientific and
technical assistance to the Partnerships, participants in
fish habitat conservation projects, and the Board.
(2) Inclusions.--Scientific and technical assistance
provided pursuant to paragraph (1) may include--
(A) providing technical and scientific assistance to
States, Indian tribes, regions, local communities, and
nongovernmental organizations in the development and
implementation of Partnerships;
(B) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(C) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(D) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(E) supporting and providing recommendations for a national
fish habitat assessment;
(F) ensuring the availability of experts to assist in
conducting scientifically based evaluation and reporting of
the results of fish habitat conservation projects; and
(G) providing resources to secure state agency scientific
and technical assistance to support Partnerships,
participants in fish habitat conservation projects, and the
Board.
(h) Coordination With States and Indian Tribes.--The
Secretary shall provide a notice to, and cooperate with, the
appropriate State agency or tribal agency, as applicable, of
each State and Indian tribe within the boundaries of which an
activity is planned to be carried out pursuant to this
section, including notification, by not later than 30 days
before the date on which the activity is implemented.
(i) Interagency Operational Plan.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Director, in cooperation with the NOAA
Assistant Administrator, the EPA Assistant Administrator, the
Director of the United States Geological Survey, and the
heads of other appropriate Federal departments and agencies
(including at a minimum, those agencies represented on the
Board) shall develop an interagency operational plan that
describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs for the
implementation of this section; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
(j) Accountability and Reporting.--
(1) Reporting.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act, and every 5 years thereafter, the
Board shall submit to the appropriate congressional
committees a report describing the progress of this section.
(B) Contents.--Each report submitted under subparagraph (A)
shall include--
(i) an estimate of the number of acres, stream miles, or
acre-feet, or other suitable measures of fish habitat, that
was maintained or improved by partnerships of Federal, State,
or local governments, Indian tribes, or other entities in the
United States during the 5-year period ending on the date of
submission of the report;
(ii) a description of the public access to fish habitats
established or improved during that 5-year period;
(iii) a description of the improved opportunities for
public recreational fishing; and
(iv) an assessment of the status of fish habitat
conservation projects carried out with funds provided under
this section during that period, disaggregated by year,
including--
(I) a description of the fish habitat conservation projects
recommended by the Board under subsection (f)(2);
(II) a description of each fish habitat conservation
project approved by the Secretary under subsection (f)(6), in
order of priority for funding;
(III) a justification for--
(aa) the approval of each fish habitat conservation
project; and
(bb) the order of priority for funding of each fish habitat
conservation project;
(IV) a justification for any rejection of a fish habitat
conservation project recommended by the Board under
subsection (f)(2) that was based on a factor other than the
criteria described in subsection (f)(3); and
(V) an accounting of expenditures by Federal, State, or
local governments, Indian tribes, or other entities to carry
out fish habitat conservation projects.
(2) Status and trends report.--Not later than December 31,
2016, and every 5 years thereafter, the Board shall submit to
the appropriate congressional committees a report that
includes--
(A) a status of all Partnerships approved under this
section;
(B) a description of the status of fish habitats in the
United States as identified by established Partnerships; and
(C) enhancements or reductions in public access as a result
of--
(i) the activities of the Partnerships; or
(ii) any other activities carried out pursuant to this
section.
(3) Revisions.--Not later than December 31, 2016, and every
5 years thereafter, the Board shall consider revising the
goals of the Board, after consideration of each report
required by paragraph (2).
(k) Effect of Section.--
(1) Water rights.--Nothing in this section--
(A) establishes any express or implied reserved water right
in the United States for any purpose;
(B) affects any water right in existence on the date of
enactment of this Act;
(C) preempts or affects any State water law or interstate
compact governing water; or
(D) affects any Federal or State law in existence on the
date of enactment of the Act regarding water quality or water
quantity.
(2) Authority to acquire water rights or rights to
property.--Under this section, only a State, local
government, or other non-Federal entity may acquire, under
State law, water rights or rights to property.
(3) State authority.--Nothing in this section--
(A) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(B) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(4) Effect on indian tribes.--Nothing in this section
abrogates, abridges, affects, modifies, supersedes, or alters
any right of an Indian tribe recognized by treaty or any
other means, including--
(A) an agreement between the Indian tribe and the United
States;
(B) Federal law (including regulations);
(C) an Executive order; or
(D) a judicial decree.
(5) Adjudication of water rights.--Nothing in this section
diminishes or affects the ability of the Secretary to join an
adjudication of rights to the use of water pursuant to
subsection (a), (b), or (c) of section 208 of the
[[Page S2281]]
Department of Justice Appropriation Act, 1953 (43 U.S.C.
666).
(6) Department of commerce authority.--Nothing in this
section affects the authority, jurisdiction, or
responsibility of the Department of Commerce to manage,
control, or regulate fish or fish habitats under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(7) Effect on other authorities.--
(A) Private property protection.--Nothing in this section
permits the use of funds made available to carry out this
section to acquire real property or a real property interest
without the written consent of each owner of the real
property or real property interest.
(B) Mitigation.--Nothing in this section permits the use of
funds made available to carry out this section for fish and
wildlife mitigation purposes under--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(ii) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(iii) the Water Resources Development Act of 1986 (Public
Law 99-662; 100 Stat. 4082); or
(iv) any other Federal law or court settlement.
(C) Clean water act.--Nothing in this section affects any
provision of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), including any definition in that Act.
(l) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to--
(1) the Board; or
(2) any Partnership.
(m) Funding.--
(1) Authorization of appropriations.--
(A) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary $7,200,000 for
each of fiscal years 2016 through 2021 to provide funds for
fish habitat conservation projects approved under subsection
(f)(6), of which 5 percent shall be made available for each
fiscal year for projects carried out by Indian tribes.
(B) Administrative and planning expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2016 through 2021 an amount equal to 5 percent
of the amount appropriated for the applicable fiscal year
pursuant to subparagraph (A)--
(i) for administrative and planning expenses; and
(ii) to carry out subsection (j).
(C) Technical and scientific assistance.--There is
authorized to be appropriated for each of fiscal years 2016
through 2021 to carry out, and provide technical and
scientific assistance under, subsection (g)--
(i) $500,000 to the Secretary for use by the United States
Fish and Wildlife Service;
(ii) $500,000 to the NOAA Assistant Administrator for use
by the National Oceanic and Atmospheric Administration;
(iii) $500,000 to the EPA Assistant Administrator for use
by the Environmental Protection Agency; and
(iv) $500,000 to the Secretary for use by the United States
Geological Survey.
(2) Agreements and grants.--The Secretary may--
(A) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and
the Federal Financial Assistance Management Improvement Act
of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into
a grant agreement, cooperative agreement, or contract with a
Partnership or other entity for a fish habitat conservation
project or restoration or enhancement project;
(B) apply for, accept, and use a grant from any individual
or entity to carry out the purposes of this section; and
(C) make funds available to any Federal department or
agency for use by that department or agency to provide grants
for any fish habitat protection project, restoration project,
or enhancement project that the Secretary determines to be
consistent with this section.
(3) Donations.--
(A) In general.--The Secretary may--
(i) enter into an agreement with any organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of that
Code to solicit private donations to carry out the purposes
of this section; and
(ii) accept donations of funds, property, and services to
carry out the purposes of this section.
(B) Treatment.--A donation accepted under this section--
(i) shall be considered to be a gift or bequest to, or
otherwise for the use of, the United States; and
(ii) may be--
(I) used directly by the Secretary; or
(II) provided to another Federal department or agency
through an interagency agreement.
SEC. 10254. GULF STATES MARINE FISHERIES COMMISSION REPORT ON
GULF OF MEXICO OUTER CONTINENTAL SHELF STATE
BOUNDARY EXTENSION.
(a) Report on Resource Management Outcomes.--Not later than
March 1, 2017, the Gulf States Marine Fisheries Commission
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on Natural
Resources and Transportation and Infrastructure of the House
of Representatives a report on the economic, conservation and
management, and law enforcement impacts of the implementation
of section 110 of division B of the Consolidated
Appropriations Act, 2016 (Public Law 114-113).
(b) Information Required.--The report required under
subsection (a) shall include a detailed accounting of how the
implementation of section 110 of division B of the
Consolidated Appropriations Act, 2016 (Public Law 114-113)
has affected--
(1) the economies of the States of Alabama, Florida,
Louisiana, Mississippi, and Texas;
(2) the sustained participation of fishing communities;
(3) conservation and management of living resources under
all applicable Federal laws;
(4) enforcement of Federal maritime laws; and
(5) the ability of the governments of the States described
in paragraph (1) to effectively manage activities pursuant to
the fishery management plan for reef fish resources of the
Gulf of Mexico.
(c) Funding.--
(1) In general.--Subject to the availability of
appropriations, the Secretary of Commerce shall make
available to the Gulf States Marine Fisheries Commission
$500,000 to carry out the report required under subsection
(a).
(2) Subsequent appropriations.--Amounts made available
under paragraph (1) shall be available only to the extent
specifically provided for in advance in subsequent
appropriations Acts.
SEC. 10255. GAO REPORT ON GULF OF MEXICO OUTER CONTINENTAL
SHELF STATE BOUNDARY EXTENSION.
(a) Report on Resource Management Outcomes.--Not later than
March 1, 2017, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural
Resources and the Committee on Transportation and
Infrastructure of the House of Representatives a report on
the economic, conservation and management, and law
enforcement impacts of section 110 of division B of the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
(b) Information Required.--The report required by
subsection (a) shall include a detailed accounting of how
section 110 of division B of the Consolidated Appropriations
Act, 2016 (Public Law 114-113) has affected--
(1) the economies of Alabama, Florida, Louisiana,
Mississippi, and Texas;
(2) the sustained participation of fishing communities;
(3) conservation and management of living resources under
all applicable Federal laws;
(4) enforcement of Federal maritime laws; and
(5) the ability of the governments of Alabama, Florida,
Louisiana, Mississippi, and Texas to effectively manage
activities pursuant to the fishery management plan for reef
fish resources of the Gulf of Mexico.
PART VII--MISCELLANEOUS
SEC. 10261. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this subtitle or the amendments made by this
subtitle--
(1) affects or modifies any treaty or other right of any
federally recognized Indian tribe; or
(2) modifies any provision of Federal law relating to
migratory birds or to endangered or threatened species.
SEC. 10262. NO PRIORITY.
Nothing in this subtitle or the amendments made by this
subtitle provides a preference to hunting, fishing, or
recreational shooting over any other use of Federal land or
water.
Subtitle D--Water Infrastructure and Related Matters
PART I--FONTENELLE RESERVOIR
SEC. 10301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF
FONTENELLE RESERVOIR AVAILABLE FOR USE.
(a) In General.--The Secretary of the Interior, in
cooperation with the State of Wyoming, may amend the Definite
Plan Report for the Seedskadee Project authorized under the
first section of the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'') (43 U.S.C. 620),
to provide for the study, design, planning, and construction
activities that will enable the use of all active storage
capacity (as may be defined or limited by legal, hydrologic,
structural, engineering, economic, and environmental
considerations) of Fontenelle Dam and Reservoir, including
the placement of sufficient riprap on the upstream face of
Fontenelle Dam to allow the active storage capacity of
Fontenelle Reservoir to be used for those purposes for which
the Seedskadee Project was authorized.
(b) Cooperative Agreements.--
(1) In general.--The Secretary of the Interior may enter
into any contract, grant, cooperative agreement, or other
agreement that is necessary to carry out subsection (a).
(2) State of wyoming.--
(A) In general.--The Secretary of the Interior shall enter
into a cooperative agreement with the State of Wyoming to
work in cooperation and collaboratively with the State of
Wyoming for planning, design, related preconstruction
activities, and construction of any modification of the
Fontenelle Dam under subsection (a).
(B) Requirements.--The cooperative agreement under
subparagraph (A) shall, at a minimum, specify the
responsibilities of the Secretary of the Interior and the
State of Wyoming with respect to--
[[Page S2282]]
(i) completing the planning and final design of the
modification of the Fontenelle Dam under subsection (a);
(ii) any environmental and cultural resource compliance
activities required for the modification of the Fontenelle
Dam under subsection (a) including compliance with--
(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) subdivision 2 of division A of subtitle III of title
54, United States Code; and
(iii) the construction of the modification of the
Fontenelle Dam under subsection (a).
(c) Funding by State of Wyoming.--Pursuant to the Act of
March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395),
and as a condition of providing any additional storage under
subsection (a), the State of Wyoming shall provide to the
Secretary of the Interior funds for any work carried out
under subsection (a).
(d) Other Contracting Authority.--
(1) In general.--The Secretary of the Interior may enter
into contracts with the State of Wyoming, on such terms and
conditions as the Secretary of the Interior and the State of
Wyoming may agree, for division of any additional active
capacity made available under subsection (a).
(2) Terms and conditions.--Unless otherwise agreed to by
the Secretary of the Interior and the State of Wyoming, a
contract entered into under paragraph (1) shall be subject to
the terms and conditions of Bureau of Reclamation Contract
No. 14-06-400-2474 and Bureau of Reclamation Contract No. 14-
06-400-6193.
SEC. 10302. SAVINGS PROVISIONS.
Unless expressly provided in this part, nothing in this
part modifies, conflicts with, preempts, or otherwise
affects--
(1) the Act of December 31, 1928 (43 U.S.C. 617 et seq.)
(commonly known as the ``Boulder Canyon Project Act'');
(2) the Colorado River Compact of 1922, as approved by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
(3) the Act of July 19, 1940 (43 U.S.C. 618 et seq.)
(commonly known as the ``Boulder Canyon Project Adjustment
Act'');
(4) the Treaty between the United States of America and
Mexico relating to the utilization of waters of the Colorado
and Tijuana Rivers and of the Rio Grande, and supplementary
protocol signed November 14, 1944, signed at Washington
February 3, 1944 (59 Stat. 1219);
(5) the Upper Colorado River Basin Compact as consented to
by the Act of April 6, 1949 (63 Stat. 31);
(6) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(7) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885); or
(8) any State of Wyoming or other State water law.
PART II--BUREAU OF RECLAMATION TRANSPARENCY
SEC. 10311. DEFINITIONS.
In this part:
(1) Asset.--
(A) In general.--The term ``asset'' means any of the
following assets that are used to achieve the mission of the
Bureau of Reclamation to manage, develop, and protect water
and related resources in an environmentally and economically
sound manner in the interest of the people of the United
States:
(i) Capitalized facilities, buildings, structures, project
features, power production equipment, recreation facilities,
or quarters.
(ii) Capitalized and noncapitalized heavy equipment and
other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of Reclamation
known as the ``Asset Management Plan''; and
(B) any publicly available information relating to the plan
described in subparagraph (A) that summarizes the efforts of
the Bureau of Reclamation to evaluate and manage
infrastructure assets of the Bureau of Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by
the Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are
owned by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau
of Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with
the Bureau of Reclamation.
SEC. 10312. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED
WORKS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
an Asset Management Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved works at
Reclamation facilities; and
(B) to standardize and streamline data reporting and
processes across regions and areas for the purpose of
maintaining reserved works at Reclamation facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of major
repair and rehabilitation needs of individual Reclamation
facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the appropriations
needed to complete each item; and
(B) an assignment of a categorical rating for each item,
consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings under
paragraph (2)(B) shall be--
(i) consistent with existing uniform categorization systems
to inform the annual budget process and agency requirements;
and
(ii) subject to the guidance and instructions issued under
subparagraph (B).
(B) Guidance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue guidance
that describes the applicability of the rating system
applicable under paragraph (2)(B) to Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make
available to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a version of the report containing
the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on
which the Asset Management Report is submitted under
subsection (a) and biennially thereafter, the Secretary shall
update the Asset Management Report, subject to the
requirements of section 6313(b)(2).
(d) Consultation.--To the extent that such consultation
would assist the Secretary in preparing the Asset Management
Report under subsection (a) and updates to the Asset
Management Report under subsection (c), the Secretary shall
consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 10313. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR
TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the
non-Federal entities responsible for the operation and
maintenance of transferred works in developing reporting
requirements for Asset Management Reports with respect to
major repair and rehabilitation needs for transferred works
that are similar to the reporting requirements described in
section 6312(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable,
the rating system for major repair and rehabilitation needs
for reserved works developed under section 6312(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 6312(c).
SEC. 10314. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $2,000,000.
[[Page S2283]]
PART III--BASIN WATER MANAGEMENT
Subpart A--Yakima River Basin Water Enhancement
SEC. 10321. SHORT TITLE.
This subpart may be cited as the ``Yakima River Basin Water
Enhancement Project Phase III Act of 2016''.
SEC. 10322. MODIFICATION OF TERMS, PURPOSES, AND DEFINITIONS.
(a) Modification of Terms.--Title XII of Public Law 103-434
(108 Stat. 4550) is amended--
(1) by striking ``Yakama Indian'' each place it appears
(except section 1204(g)) and inserting ``Yakama''; and
(2) by striking ``Superintendent'' each place it appears
and inserting ``Manager''.
(b) Modification of Purposes.--Section 1201 of Public Law
103-434 (108 Stat. 4550) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to protect, mitigate, and enhance fish and wildlife
and the recovery and maintenance of self-sustaining
harvestable populations of fish and other aquatic life, both
anadromous and resident species, throughout their historic
distribution range in the Yakima Basin through--
``(A) improved water management and the constructions of
fish passage at storage and diversion dams, as authorized
under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et
seq.);
``(B) improved instream flows and water supplies;
``(C) improved water quality, watershed, and ecosystem
function;
``(D) protection, creation, and enhancement of wetlands;
and
``(E) other appropriate means of habitat improvement;'';
(2) in paragraph (2), by inserting ``, municipal,
industrial, and domestic water supply and use purposes,
especially during drought years, including reducing the
frequency and severity of water supply shortages for pro-
ratable irrigation entities'' before the semicolon at the
end;
(3) by striking paragraph (4);
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) to authorize the Secretary to make water available
for purchase or lease for meeting municipal, industrial, and
domestic water supply purposes;'';
(6) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (8), respectively;
(7) by inserting after paragraph (4) (as so redesignated)
the following:
``(5) to realize sufficient water savings from implementing
the Yakima River Basin Integrated Water Resource Management
Plan, so that not less than 85,000 acre feet of water savings
are achieved by implementing the first phase of the
Integrated Plan pursuant to section 1213(a), in addition to
the 165,000 acre feet of water savings targeted through the
Basin Conservation Program, as authorized on October 31,
1994;'';
(8) in paragraph (6) (as so redesignated)--
(A) by inserting ``an increase in'' before ``voluntary'';
and
(B) by striking ``and'' at the end;
(9) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) to encourage an increase in the use of, and reduce
the barriers to, water transfers, leasing, markets, and other
voluntary transactions among public and private entities to
enhance water management in the Yakima River basin;'';
(10) in paragraph (8) (as redesignated by paragraph (6)),
by striking the period at the end and inserting a semicolon;
and
(11) by adding at the end the following:
``(9) to improve the resilience of the ecosystems,
economies, and communities in the Basin as they face drought,
hydrologic changes, and other related changes and variability
in natural and human systems, for the benefit of both the
people and the fish and wildlife of the region; and
``(10) to authorize and implement the Yakima River Basin
Integrated Water Resource Management Plan as Phase III of the
Yakima River Basin Water Enhancement Project, as a balanced
and cost-effective approach to maximize benefits to the
communities and environment in the Basin.''.
(c) Modification of Definitions.--Section 1202 of Public
Law 103-434 (108 Stat. 4550) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
(11), (12), (13), and (14) as paragraphs (8), (10), (11),
(13), (14), (15), (16), (18), and (19), respectively;
(2) by inserting after paragraph (5) the following:
``(6) Designated federal official.--The term `designated
Federal official' means the Commissioner of Reclamation (or a
designee), acting pursuant to the charter of the Conservation
Advisory Group.
``(7) Integrated plan.--The terms `Integrated Plan' and
`Yakima River Basin Integrated Water Resource Plan' mean the
plan and activities authorized by the Yakima River Basin
Water Enhancement Project Phase III Act of 2016 and the
amendments made by that subpart, to be carried out in
cooperation with and in addition to activities of the State
of Washington and Yakama Nation.'';
(3) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
``(9) Municipal, industrial, and domestic water supply and
use.--The term `municipal, industrial, and domestic water
supply and use' means the supply and use of water for--
``(A) domestic consumption (whether urban or rural);
``(B) maintenance and protection of public health and
safety;
``(C) manufacture, fabrication, processing, assembly, or
other production of a good or commodity;
``(D) production of energy;
``(E) fish hatcheries; or
``(F) water conservation activities relating to a use
described in subparagraphs (A) through (E).'';
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Proratable irrigation entity.--The term `proratable
irrigation entity' means a district, project, or State-
recognized authority, board of control, agency, or entity
located in the Yakima River basin that--
``(A) manages and delivers irrigation water to farms in the
basin; and
``(B) possesses, or the members of which possess, water
rights that are proratable during periods of water
shortage.''; and
(5) by inserting after paragraph (16) (as redesignated by
paragraph (1)) the following:
``(17) Yakima enhancement project; yakima river basin water
enhancement project.--The terms `Yakima Enhancement Project'
and `Yakima River Basin Water Enhancement Project' mean the
Yakima River basin water enhancement project authorized by
Congress pursuant to this Act and other Acts (including
Public Law 96-162 (93 Stat. 1241), section 109 of Public Law
98-381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105-
62 (111 Stat. 1320), and Public Law 106-372 (114 Stat. 1425))
to promote water conservation, water supply, habitat, and
stream enhancement improvements in the Yakima River basin.''.
SEC. 10323. YAKIMA RIVER BASIN WATER CONSERVATION PROGRAM.
Section 1203 of Public Law 103-434 (108 Stat. 4551) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the second sentence, by striking ``title'' and
inserting ``section''; and
(ii) in the third sentence, by striking ``within 5 years of
the date of enactment of this Act''; and
(B) in paragraph (2), by striking ``irrigation'' and
inserting ``the number of irrigated acres'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in each of subparagraphs (A) through (D), by striking
the comma at the end and inserting a semicolon;
(ii) in subparagraph (E), by striking the comma at the end
and inserting ``; and'';
(iii) in subparagraph (F), by striking ``Department of
Wildlife of the State of Washington, and'' and inserting
``Department of Fish and Wildlife of the State of
Washington.''; and
(iv) by striking subparagraph (G);
(B) in paragraph (3)--
(i) in each of subparagraphs (A) through (C), by striking
the comma at the end and inserting a semicolon;
(ii) in subparagraph (D), by striking ``, and'' and
inserting a semicolon;
(iii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) provide recommendations to advance the purposes and
programs of the Yakima Enhancement Project, including the
Integrated Plan.''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Authority of designated federal official.--The
designated Federal official may--
``(A) arrange and provide logistical support for meetings
of the Conservation Advisory Group;
``(B) use a facilitator to serve as a moderator for
meetings of the Conservation Advisory Group or provide
additional logistical support; and
``(C) grant any request for a facilitator by any member of
the Conservation Advisory Group.'';
(3) in subsection (d), by adding at the end the following:
``(4) Payment of local share by state or federal
government.--
``(A) In general.--The State or the Federal Government may
fund not more than the 17.5 percent local share of the costs
of the Basin Conservation Program in exchange for the long-
term use of conserved water, subject to the requirement that
the funding by the Federal Government of the local share of
the costs shall provide a quantifiable public benefit in
meeting Federal responsibilities in the Basin and the
purposes of this title.
``(B) Use of conserved water.--The Yakima Project Manager
may use water resulting from conservation measures taken
under this title, in addition to water that the Bureau of
Reclamation may acquire from any willing seller through
purchase, donation, or lease, for water management uses
pursuant to this title.'';
(4) in subsection (e), by striking the first sentence and
inserting the following: ``To participate in the Basin
Conservation Program, as described in subsection (b), an
entity shall submit to the Secretary a proposed water
conservation plan.'';
(5) in subsection (i)(3)--
(A) by striking ``purchase or lease'' each place it appears
and inserting ``purchase, lease, or management''; and
[[Page S2284]]
(B) in the third sentence, by striking ``made immediately
upon availability'' and all that follows through
``Committee'' and inserting ``continued as needed to provide
water to be used by the Yakima Project Manager as recommended
by the System Operations Advisory Committee and the
Conservation Advisory Group''; and
(6) in subsection (j)(4), in the first sentence, by
striking ``initial acquisition'' and all that follows through
``flushing flows'' and inserting ``acquisition of water from
willing sellers or lessors specifically to provide improved
instream flows for anadromous and resident fish and other
aquatic life, including pulse flows to facilitate outward
migration of anadromous fish''.
SEC. 10324. YAKIMA BASIN WATER PROJECTS, OPERATIONS, AND
AUTHORIZATIONS.
(a) Yakama Nation Projects.--Section 1204 of Public Law
103-434 (108 Stat. 4555) is amended--
(1) in subsection (a)(2), in the first sentence, by
striking ``not more than $23,000,000'' and inserting ``not
more than $100,000,000''; and
(2) in subsection (g)--
(A) by striking the subsection heading and inserting
``Redesignation of Yakama Indian Nation to Yakama Nation.--
'';
(B) by striking paragraph (1) and inserting the following:
``(1) Redesignation.--The Confederated Tribes and Bands of
the Yakama Indian Nation shall be known and designated as the
`Confederated Tribes and Bands of the Yakama Nation'.''; and
(C) in paragraph (2), by striking ``deemed to be a
reference to the `Confederated Tribes and Bands of the Yakama
Indian Nation'.'' and inserting ``deemed to be a reference to
the `Confederated Tribes and Bands of the Yakama Nation'.''.
(b) Operation of Yakima Basin Projects.--Section 1205 of
Public Law 103-434 (108 Stat. 4557) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``additional'' after ``secure'';
(bb) by striking ``flushing'' and inserting ``pulse''; and
(cc) by striking ``uses'' and inserting ``uses, in addition
to the quantity of water provided under the treaty between
the Yakama Nation and the United States'';
(II) by striking clause (ii);
(III) by redesignating clause (iii) as clause (ii); and
(IV) in clause (ii) (as so redesignated) by inserting ``and
water rights mandated'' after ``goals''; and
(ii) in subparagraph (B)(i), in the first sentence, by
inserting ``in proportion to the funding received'' after
``Program'';
(2) in subsection (b) (as amended by section 6322(a)(2)),
in the second sentence, by striking ``instream flows for use
by the Yakima Project Manager as flushing flows or as
otherwise'' and inserting ``fishery purposes, as''; and
(3) in subsection (e), by striking paragraph (1) and
inserting the following:
``(1) In general.--Additional purposes of the Yakima
Project shall be any of the following:
``(A) To recover and maintain self-sustaining harvestable
populations of native fish, both anadromous and resident
species, throughout their historic distribution range in the
Yakima Basin.
``(B) To protect, mitigate, and enhance aquatic life and
wildlife.
``(C) Recreation.
``(D) Municipal, industrial, and domestic use.''.
(c) Lake Cle Elum Authorization of Appropriations.--Section
1206(a)(1) of Public Law 103-434 (108 Stat. 4560), is
amended, in the matter preceding subparagraph (A), by
striking ``at September'' and all that follows through ``to--
'' and inserting ``not more than $12,000,000 to--''.
(d) Enhancement of Water Supplies for Yakima Basin
Tributaries.--Section 1207 of Public Law 103-434 (108 Stat.
4560) is amended--
(1) in the heading, by striking ``supplies'' and inserting
``management'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``supplies'' and inserting ``management'';
(B) in paragraph (1), by inserting ``and water supply
entities'' after ``owners''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting ``that choose not to
participate or opt out of tributary enhancement projects
pursuant to this section'' after ``water right owners''; and
(ii) in subparagraph (B), by inserting ``nonparticipating''
before ``tributary water users'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking the paragraph designation and all that
follows through ``(but not limited to)--'' and inserting the
following:
``(1) In general.--The Secretary, following consultation
with the State of Washington, tributary water right owners,
and the Yakama Nation, and on agreement of appropriate water
right owners, is authorized to conduct studies to evaluate
measures to further Yakima Project purposes on tributaries to
the Yakima River. Enhancement programs that use measures
authorized by this subsection may be investigated and
implemented by the Secretary in tributaries to the Yakima
River, including Taneum Creek, other areas, or tributary
basins that currently or could potentially be provided
supplemental or transfer water by entities, such as the
Kittitas Reclamation District or the Yakima-Tieton Irrigation
District, subject to the condition that activities may
commence on completion of applicable and required feasibility
studies, environmental reviews, and cost-benefit analyses
that include favorable recommendations for further project
development, as appropriate. Measures to evaluate include--
'';
(ii) by indenting subparagraphs (A) through (F)
appropriately;
(iii) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including irrigation
efficiency improvements (in coordination with programs of the
Department of Agriculture), consolidation of diversions or
administration, and diversion scheduling or coordination'';
(iv) by redesignating subparagraphs (C) through (F) as
subparagraphs (E) through (H), respectively;
(v) by inserting after subparagraph (B) the following:
``(C) improvements in irrigation system management or
delivery facilities within the Yakima River basin when those
improvements allow for increased irrigation system conveyance
and corresponding reduction in diversion from tributaries or
flow enhancements to tributaries through direct flow
supplementation or groundwater recharge;
``(D) improvements of irrigation system management or
delivery facilities to reduce or eliminate excessively high
flows caused by the use of natural streams for conveyance or
irrigation water or return water;'';
(vi) in subparagraph (E) (as redesignated by clause (iv)),
by striking ``ground water'' and inserting ``groundwater
recharge and'';
(vii) in subparagraph (G) (as redesignated by clause (iv)),
by inserting ``or transfer'' after ``purchase''; and
(viii) in subparagraph (H) (as redesignated by clause
(iv)), by inserting ``stream processes and'' before ``stream
habitats'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``the Taneum Creek study'' and inserting ``studies under this
subsection'';
(ii) in subparagraph (B)--
(I) by striking ``and economic'' and inserting ``,
infrastructure, economic, and land use''; and
(II) by striking ``and'' at the end;
(iii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) any related studies already underway or
undertaken.''; and
(C) in paragraph (3), in the first sentence, by inserting
``of each tributary or group of tributaries'' after
``study'';
(4) in subsection (c)--
(A) in the heading, by inserting ``and nonsurface storage''
after ``nonstorage''; and
(B) in the matter preceding paragraph (1), by inserting
``and nonsurface storage'' after ``nonstorage'';
(5) by striking subsection (d);
(6) by redesignating subsection (e) as subsection (d); and
(7) in paragraph (2) of subsection (d) (as so
redesignated)--
(A) in the first sentence--
(i) by inserting ``and implementation'' after
``investigation'';
(ii) by striking ``other'' before ``Yakima River''; and
(iii) by inserting ``and other water supply entities''
after ``owners''; and
(B) by striking the second sentence.
(e) Chandler Pumping Plant and Powerplant-operations at
Prosser Diversion Dam.--Section 1208(d) of Public Law 103-434
(108 Stat. 4562; 114 Stat. 1425) is amended by inserting
``negatively'' before ``affected''.
(f) Interim Comprehensive Basin Operating Plan.--Section
1210(c) of Public Law 103-434 (108 Stat. 4564) is amended by
striking ``$100,000'' and inserting ``$200,000''.
(g) Environmental Compliance.--Section 1211 of Public Law
103-434 (108 Stat. 4564) is amended by striking
``$2,000,000'' and inserting ``$5,000,000''.
SEC. 10325. AUTHORIZATION OF PHASE III OF YAKIMA RIVER BASIN
WATER ENHANCEMENT PROJECT.
Title XII of Public Law 103-434 (108 Stat. 4550) is amended
by adding at the end the following:
``SEC. 1213. AUTHORIZATION OF THE INTEGRATED PLAN AS PHASE
III OF YAKIMA RIVER BASIN WATER ENHANCEMENT
PROJECT.
``(a) Integrated Plan.--
``(1) In general.--The Secretary shall implement the
Integrated Plan as Phase III of the Yakima River Basin Water
Enhancement Project in accordance with this section and
applicable laws.
``(2) Initial development phase of the integrated plan.--
``(A) In general.--The Secretary, in coordination with the
State of Washington and Yakama Nation and subject to
feasibility studies, environmental reviews, and the
availability of appropriations, shall implement an initial
development phase of the Integrated Plan, to--
``(i) complete the planning, design, and construction or
development of upstream and downstream fish passage
facilities, as previously authorized by the Hoover Power
Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum
Reservoir and another Yakima Project reservoir identified by
the Secretary as consistent with the Integrated Plan, subject
to
[[Page S2285]]
the condition that, if the Yakima Project reservoir
identified by the Secretary contains a hydropower project
licensed by the Federal Energy Regulatory Commission, the
Secretary shall cooperate with the Federal Energy Regulatory
Commission in a timely manner to ensure that actions taken by
the Secretary are consistent with the applicable hydropower
project license;
``(ii) negotiate long-term agreements with participating
proratable irrigation entities in the Yakima Basin and,
acting through the Bureau of Reclamation, coordinate between
Bureaus of the Department of the Interior and with the heads
of other Federal agencies to negotiate agreements concerning
leases, easements, and rights-of-way on Federal land, and
other terms and conditions determined to be necessary to
allow for the non-Federal financing, construction, operation,
and maintenance of--
``(I) new facilities needed to access and deliver inactive
storage in Lake Kachess for the purpose of providing drought
relief for irrigation (known as the `Kachess Drought Relief
Pumping Plant'); and
``(II) a conveyance system to allow transfer of water
between Keechelus Reservoir to Kachess Reservoir for purposes
of improving operational flexibility for the benefit of both
fish and irrigation (known as the `K to K Pipeline');
``(iii) participate in, provide funding for, and accept
non-Federal financing for--
``(I) water conservation projects, not subject to the
provisions of the Basin Conservation Program described in
section 1203, that are intended to partially implement the
Integrated Plan by providing 85,000 acre-feet of conserved
water to improve tributary and mainstem stream flow; and
``(II) aquifer storage and recovery projects;
``(iv) study, evaluate, and conduct feasibility analyses
and environmental reviews of fish passage, water supply
(including groundwater and surface water storage),
conservation, habitat restoration projects, and other
alternatives identified as consistent with the purposes of
this Act, for the initial and future phases of the Integrated
Plan;
``(v) coordinate with and assist the State of Washington in
implementing a robust water market to enhance water
management in the Yakima River basin, including--
``(I) assisting in identifying ways to encourage and
increase the use of, and reduce the barriers to, water
transfers, leasing, markets, and other voluntary transactions
among public and private entities in the Yakima River basin;
``(II) providing technical assistance, including scientific
data and market information; and
``(III) negotiating agreements that would facilitate
voluntary water transfers between entities, including as
appropriate, the use of federally managed infrastructure; and
``(vi) enter into cooperative agreements with, or, subject
to a minimum non-Federal cost-sharing requirement of 50
percent, make grants to, the Yakama Nation, the State of
Washington, Yakima River basin irrigation districts, water
districts, conservation districts, other local governmental
entities, nonprofit organizations, and land owners to carry
out this title under such terms and conditions as the
Secretary may require, including the following purposes:
``(I) Land and water transfers, leases, and acquisitions
from willing participants, so long as the acquiring entity
shall hold title and be responsible for any and all required
operations, maintenance, and management of that land and
water.
``(II) To combine or relocate diversion points, remove fish
barriers, or for other activities that increase flows or
improve habitat in the Yakima River and its tributaries in
furtherance of this title.
``(III) To implement, in partnership with Federal and non-
Federal entities, projects to enhance the health and
resilience of the watershed.
``(B) Commencement date.--The Secretary shall commence
implementation of the activities included under the initial
development phase pursuant to this paragraph--
``(i) on the date of enactment of this section; and
``(ii) on completion of applicable feasibility studies,
environmental reviews, and cost-benefit analyses that include
favorable recommendations for further project development.
``(3) Intermediate and final phases.--
``(A) In general.--The Secretary, in coordination with the
State of Washington and in consultation with the Yakama
Nation, shall develop plans for intermediate and final
development phases of the Integrated Plan to achieve the
purposes of this Act, including conducting applicable
feasibility studies, environmental reviews, and other
relevant studies needed to develop the plans.
``(B) Intermediate phase.--The Secretary shall develop an
intermediate development phase to implement the Integrated
Plan that, subject to authorization and appropriation, would
commence not later than 10 years after the date of enactment
of this section.
``(C) Final phase.--The Secretary shall develop a final
development phase to implement the Integrated Plan that,
subject to authorization and appropriation, would commence
not later than 20 years after the date of enactment of this
section.
``(4) Contingencies.--The implementation by the Secretary
of projects and activities identified for implementation
under the Integrated Plan shall be--
``(A) subject to authorization and appropriation;
``(B) contingent on the completion of applicable
feasibility studies, environmental reviews, and cost-benefit
analyses that include favorable recommendations for further
project development;
``(C) implemented on public review and a determination by
the Secretary that design, construction, and operation of a
proposed project or activity is in the best interest of the
public; and
``(D) in compliance with all applicable laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).
``(5) Progress report.--
``(A) In general.--Not later than 5 years after the date of
enactment of this section, the Secretary, in conjunction with
the State of Washington and in consultation with the Yakama
Nation, shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a progress report
on the development and implementation of the Integrated Plan.
``(B) Requirements.--The progress report under this
paragraph shall--
``(i) provide a review and reassessment, if needed, of the
objectives of the Integrated Plan, as applied to all elements
of the Integrated Plan;
``(ii) assess, through performance metrics developed at the
initiation of, and measured throughout the implementation of,
the Integrated Plan, the degree to which the implementation
of the initial development phase addresses the objectives and
all elements of the Integrated Plan;
``(iii) identify the amount of Federal funding and non-
Federal contributions received and expended during the period
covered by the report;
``(iv) describe the pace of project development during the
period covered by the report;
``(v) identify additional projects and activities proposed
for inclusion in any future phase of the Integrated Plan to
address the objectives of the Integrated Plan, as applied to
all elements of the Integrated Plan; and
``(vi) for water supply projects--
``(I) provide a preliminary discussion of the means by
which--
``(aa) water and costs associated with each recommended
project would be allocated among authorized uses; and
``(bb) those allocations would be consistent with the
objectives of the Integrated Plan; and
``(II) establish a plan for soliciting and formalizing
subscriptions among individuals and entities for
participation in any of the recommended water supply projects
that will establish the terms for participation, including
fiscal obligations associated with subscription.
``(b) Financing, Construction, Operation, and Maintenance
of Kachess Drought Relief Pumping Plant and K to K
Pipeline.--
``(1) Agreements.--Long-term agreements negotiated between
the Secretary and participating proratable irrigation
entities in the Yakima Basin for the non-Federal financing,
construction, operation, and maintenance of the Drought
Relief Pumping Plant and K to K Pipeline shall include
provisions regarding--
``(A) responsibilities of the participating proratable
irrigation entities for the planning, design, and
construction of infrastructure in consultation and
coordination with the Secretary;
``(B) property titles and responsibilities of the
participating proratable irrigation entities for the
maintenance of and liability for all infrastructure
constructed under this title;
``(C) operation and integration of the projects by the
Secretary in the operation of the Yakima Project;
``(D) costs associated with the design, financing,
construction, operation, maintenance, and mitigation of
projects, with the costs of Federal oversight and review to
be nonreimbursable to the participating proratable irrigation
entities and the Yakima Project; and
``(E) responsibilities for the pumping and operational
costs necessary to provide the total water supply available
made inaccessible due to drought pumping during the preceding
1 or more calendar years, in the event that the Kachess
Reservoir fails to refill as a result of pumping drought
storage water during the preceding 1 or more calendar years,
which shall remain the responsibility of the participating
proratable irrigation entities.
``(2) Use of kachess reservoir stored water.--
``(A) In general.--The additional stored water made
available by the construction of facilities to access and
deliver inactive storage in Kachess Reservoir under
subsection (a)(2)(A)(ii)(I) shall--
``(i) be considered to be Yakima Project water;
``(ii) not be part of the total water supply available, as
that term is defined in various court rulings; and
``(iii) be used exclusively by the Secretary--
``(I) to enhance the water supply in years when the total
water supply available is not sufficient to provide 70
percent of proratable entitlements in order to make that
additional water available up to 70 percent of
[[Page S2286]]
proratable entitlements to the Kittitas Reclamation District,
the Roza Irrigation District, or other proratable irrigation
entities participating in the construction, operation, and
maintenance costs of the facilities under this title under
such terms and conditions to which the districts may agree,
subject to the conditions that--
``(aa) the Bureau of Indian Affairs, the Wapato Irrigation
Project, and the Yakama Nation, on an election to
participate, may also obtain water from Kachess Reservoir
inactive storage to enhance applicable existing irrigation
water supply in accordance with such terms and conditions to
which the Bureau of Indian Affairs and the Yakama Nation may
agree; and
``(bb) the additional supply made available under this
clause shall be available to participating individuals and
entities in proportion to the proratable entitlements of the
participating individuals and entities, or in such other
proportion as the participating entities may agree; and
``(II) to facilitate reservoir operations in the reach of
the Yakima River between Keechelus Dam and Easton Dam for the
propagation of anadromous fish.
``(B) Effect of paragraph.--Nothing in this paragraph
affects (as in existence on the date of enactment of this
section) any contract, law (including regulations) relating
to repayment costs, water right, or Yakama Nation treaty
right.
``(3) Commencement.--The Secretary shall not commence
entering into agreements pursuant to subsection (a)(2)(A)(ii)
or subsection (b)(1) or implementing any activities pursuant
to the agreements before the date on which--
``(A) all applicable and required feasibility studies,
environmental reviews, and cost-benefit analyses have been
completed and include favorable recommendations for further
project development, including an analysis of--
``(i) the impacts of the agreements and activities
conducted pursuant to subsection (a)(2)(A)(ii) on adjacent
communities, including potential fire hazards, water access
for fire districts, community and homeowner wells, future
water levels based on projected usage, recreational values,
and property values; and
``(ii) specific options and measures for mitigating the
impacts, as appropriate;
``(B) the Secretary has made the agreements and any
applicable project designs, operations plans, and other
documents available for public review and comment in the
Federal Register for a period of not less than 60 days; and
``(C) the Secretary has made a determination, consistent
with applicable law, that the agreements and activities to
which the agreements relate--
``(i) are in the public interest; and
``(ii) could be implemented without significant adverse
impacts to the environment.
``(4) Electrical power associated with kachess drought
relief pumping plant.--
``(A) In general.--The Administrator of the Bonneville
Power Administration, pursuant to the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C. 839
et seq.), shall provide to the Secretary project power to
operate the Kachess Pumping Plant constructed under this
title if inactive storage in Kachess Reservoir is needed to
provide drought relief for irrigation, subject to the
requirements of subparagraphs (B) and (C).
``(B) Determination.--Power may be provided under
subparagraph (A) only if--
``(i) there is in effect a drought declaration issued by
the State of Washington;
``(ii) there are conditions that have led to 70 percent or
less water delivery to proratable irrigation districts, as
determined by the Secretary; and
``(iii) the Secretary determines that it is appropriate to
provide power under that subparagraph.
``(C) Period of availability.--Power under subparagraph (A)
shall be provided until the date on which the Secretary
determines that power should no longer be provided under that
subparagraph, but for not more than a 1-year period or the
period during which the Secretary determines that drought
mitigation measures are necessary in the Yakima River basin.
``(D) Rate.--The Administrator of the Bonneville Power
Administration shall provide power under subparagraph (A) at
the then-applicable lowest Bonneville Power Administration
rate for public body, cooperative, and Federal agency
customers firm obligations, which as of the date of enactment
of this section is the priority firm Tier 1 rate, and shall
not include any irrigation discount.
``(E) Local provider.--During any period in which power is
not being provided under subparagraph (A), the power needed
to operate the Kachess Pumping Plant shall be obtained by the
Secretary from a local provider.
``(F) Costs.--The cost of power for such pumping, station
service power, and all costs of transmitting power from the
Federal Columbia River Power System to the Yakima Enhancement
Project pumping facilities shall be borne by irrigation
districts receiving the benefits of that water.
``(G) Duties of commissioner.--The Commissioner of
Reclamation shall be responsible for arranging transmission
for deliveries of Federal power over the Bonneville system
through applicable tariff and business practice processes of
the Bonneville system and for arranging transmission for
deliveries of power obtained from a local provider.
``(c) Design and Use of Groundwater Recharge Projects.--
``(1) In general.--Any water supply that results from an
aquifer storage and recovery project shall not be considered
to be a part of the total water supply available if--
``(A) the water for the aquifer storage and recovery
project would not be available for use, but instead for the
development of the project;
``(B) the aquifer storage and recovery project will not
otherwise impair any water supply available for any
individual or entity entitled to use the total water supply
available; and
``(C) the development of the aquifer storage and recovery
project will not impair fish or other aquatic life in any
localized stream reach.
``(2) Project types.--The Secretary may provide technical
assistance for, and participate in, any of the following 3
types of groundwater recharge projects (including the
incorporation of groundwater recharge projects into Yakima
Project operations, as appropriate):
``(A) Aquifer recharge projects designed to redistribute
Yakima Project water within a water year for the purposes of
supplementing stream flow during the irrigation season,
particularly during storage control, subject to the condition
that if such a project is designed to supplement a mainstem
reach, the water supply that results from the project shall
be credited to instream flow targets, in lieu of using the
total water supply available to meet those targets.
``(B) Aquifer storage and recovery projects that are
designed, within a given water year or over multiple water
years--
``(i) to supplement or mitigate for municipal uses;
``(ii) to supplement municipal supply in a subsurface
aquifer; or
``(iii) to mitigate the effect of groundwater use on
instream flow or senior water rights.
``(C) Aquifer storage and recovery projects designed to
supplement existing irrigation water supply, or to store
water in subsurface aquifers, for use by the Kittitas
Reclamation District, the Roza Irrigation District, or any
other proratable irrigation entity participating in the
repayment of the construction, operation, and maintenance
costs of the facilities under this section during years in
which the total water supply available is insufficient to
provide to those proratable irrigation entities all water to
which the entities are entitled, subject to the conditions
that--
``(i) the Bureau of Indian Affairs, the Wapato Irrigation
Project, and the Yakama Nation, on an election to
participate, may also obtain water from aquifer storage to
enhance applicable existing irrigation water supply in
accordance with such terms and conditions to which the Bureau
of Indian Affairs and the Yakama Nation may agree; and
``(ii) nothing in this subparagraph affects (as in
existence on the date of enactment of this section) any
contract, law (including regulations) relating to repayment
costs, water right, or Yakama Nation treaty right.
``(d) Federal Cost-share.--
``(1) In general.--The Federal cost-share of a project
carried out under this section shall be determined in
accordance with the applicable laws (including regulations)
and policies of the Bureau of Reclamation.
``(2) Initial phase.--The Federal cost-share for the
initial development phase of the Integrated Plan shall not
exceed 50 percent of the total cost of the initial
development phase.
``(3) State and other contributions.--The Secretary may
accept as part of the non-Federal cost-share of a project
carried out under this section, and expend as if
appropriated, any contribution (including in-kind services)
by the State of Washington or any other individual or entity
that the Secretary determines will enhance the conduct and
completion of the project.
``(4) Limitation on use of other federal funds.--Except as
otherwise provided in this title, other Federal funds may not
be used to provide the non-Federal cost-share of a project
carried out under this section.
``(e) Savings and Contingencies.--Nothing in this section
shall--
``(1) be a new or supplemental benefit for purposes of the
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
``(2) affect any contract in existence on the date of
enactment of the Yakima River Basin Water Enhancement Project
Phase III Act of 2016 that was executed pursuant to the
reclamation laws;
``(3) affect any contract or agreement between the Bureau
of Indian Affairs and the Bureau of Reclamation;
``(4) affect, waive, abrogate, diminish, define, or
interpret the treaty between the Yakama Nation and the United
States; or
``(5) constrain the continued authority of the Secretary to
provide fish passage in the Yakima Basin in accordance with
the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).
``SEC. 1214. OPERATIONAL CONTROL OF WATER SUPPLIES.
``The Secretary shall retain authority and discretion over
the management of project supplies to optimize operational
use and flexibility to ensure compliance with all applicable
Federal and State laws, treaty rights of the Yakama Nation,
and legal obligations, including those contained in this Act.
That authority and discretion includes
[[Page S2287]]
the ability of the United States to store, deliver, conserve,
and reuse water supplies deriving from projects authorized
under this title.''.
Subpart B--Klamath Project Water and Power
SEC. 10329. KLAMATH PROJECT.
(a) Addressing Water Management and Power Costs for
Irrigation.--The Klamath Basin Water Supply Enhancement Act
of 2000 (Public Law 106-498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. POWER AND WATER MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Covered power use.--The term `covered power use'
means a use of power to develop or manage water for
irrigation, wildlife purposes, or drainage on land that is--
``(A) associated with the Klamath Project, including land
within a unit of the National Wildlife Refuge System that
receives water due to the operation of Klamath Project
facilities; or
``(B) irrigated by the class of users covered by the
agreement dated April 30, 1956, between the California Oregon
Power Company and Klamath Basin Water Users Protective
Association and within the Off Project Area (as defined in
the Upper Basin Comprehensive Agreement entered into on April
18, 2014), only if each applicable owner and holder of a
possessory interest of the land is a party to that agreement
(or a successor agreement that the Secretary determines
provides a comparable benefit to the United States).
``(2) Klamath project.--
``(A) In general.--The term `Klamath Project' means the
Bureau of Reclamation project in the States of California and
Oregon.
``(B) Inclusions.--The term `Klamath Project' includes any
dams, canals, and other works and interests for water
diversion, storage, delivery, and drainage, flood control,
and similar functions that are part of the project described
in subparagraph (A).
``(3) Power cost benchmark.--The term `power cost
benchmark' means the average net delivered cost of power for
irrigation and drainage at Reclamation projects in the area
surrounding the Klamath Project that are similarly situated
to the Klamath Project, including Reclamation projects that--
``(A) are located in the Pacific Northwest; and
``(B) receive project-use power.
``(b) Water, Environmental, and Power Activities.--
``(1) In general.--Pursuant to the reclamation laws and
subject to appropriations and required environmental reviews,
the Secretary may carry out activities, including entering
into an agreement or contract or otherwise making financial
assistance available--
``(A) to plan, implement, and administer programs to align
water supplies and demand for irrigation water users
associated with the Klamath Project, with a primary emphasis
on programs developed or endorsed by local entities comprised
of representatives of those water users;
``(B) to plan and implement activities and projects that--
``(i) avoid or mitigate environmental effects of irrigation
activities; or
``(ii) restore habitats in the Klamath Basin watershed,
including restoring tribal fishery resources held in trust;
and
``(C) to limit the net delivered cost of power for covered
power uses.
``(2) Effect.--Nothing in subparagraph (A) or (B) of
paragraph (1) authorizes the Secretary--
``(A) to develop or construct new facilities for the
Klamath Project without appropriate approval from Congress
under section 9 of the Reclamation Projects Act of 1939 (43
U.S.C. 485h); or
``(B) to carry out activities that have not otherwise been
authorized.
``(c) Reducing Power Costs.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Energy Policy Modernization Act of 2016,
the Secretary, in consultation with interested irrigation
interests that are eligible for covered power use and
representative organizations of those interests, shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that--
``(A) identifies the power cost benchmark; and
``(B) recommends actions that, in the judgment of the
Secretary, are necessary and appropriate to ensure that the
net delivered power cost for covered power use is equal to or
less than the power cost benchmark, including a description
of--
``(i) actions to immediately reduce power costs and to have
the net delivered power cost for covered power use be equal
to or less than the power cost benchmark in the near term,
while longer-term actions are being implemented;
``(ii) actions that prioritize water and power conservation
and efficiency measures and, to the extent actions involving
the development or acquisition of power generation are
included, renewable energy technologies (including
hydropower);
``(iii) the potential costs and timeline for the actions
recommended under this subparagraph;
``(iv) provisions for modifying the actions and timeline to
adapt to new information or circumstances; and
``(v) a description of public input regarding the proposed
actions, including input from water users that have covered
power use and the degree to which those water users concur
with the recommendations.
``(2) Implementation.--Not later than 180 days after the
date of submission of the report under paragraph (1), the
Secretary shall implement those recommendations described in
the report that the Secretary determines will ensure that the
net delivered power cost for covered power use is equal to or
less than the power cost benchmark, subject to availability
of appropriations, on the fastest practicable timeline.
``(3) Annual reports.--The Secretary shall submit to each
Committee described in paragraph (1) annual reports
describing progress achieved in meeting the requirements of
this subsection.
``(d) Treatment of Power Purchases.--
``(1) In general.--Any purchase of power by the Secretary
under this section shall be considered to be an authorized
sale for purposes of section 5(b)(3) of the Pacific Northwest
Electric Power Planning and Conservation Act (16 U.S.C.
839c(b)(3)).
``(2) Effect.--Nothing in this section authorizes the
Bonneville Power Administration to make a sale of power from
the Federal Columbia River Power System at rates, terms, or
conditions better than those afforded preference customers of
the Bonneville Power Administration.
``(e) Goals.--The goals of activities under subsections (b)
and (c) shall include, as applicable--
``(1) the short-term and long-term reduction and resolution
of conflicts relating to water in the Klamath Basin
watershed; and
``(2) compatibility and utility for protecting natural
resources throughout the Klamath Basin watershed, including
the protection, preservation, and restoration of Klamath
River tribal fishery resources, particularly through
collaboratively developed agreements.
``(f) Pumping Plant D.--The Secretary may enter into 1 or
more agreements with the Tulelake Irrigation District to
reimburse the Tulelake Irrigation District for not more than
69 percent of the cost incurred by the Tulelake Irrigation
District for the operation and maintenance of Pumping Plant
D, on the condition that the cost benefits the United
States.''.
(b) Conveyance of Non-Project Water; Replacement of C
Canal.--
(1) Definition of klamath project.--In this subsection:
(A) In general.--The term ``Klamath Project'' means the
Bureau of Reclamation project in the States of California and
Oregon.
(B) Inclusions.--The term ``Klamath Project'' includes any
dams, canals, and other works and interests for water
diversion, storage, delivery, and drainage, flood control,
and similar functions that are part of the project described
in subparagraph (A).
(2) Conveyance of non-project water.--
(A) In general.--An entity operating under a contract
entered into with the United States for the operation and
maintenance of Klamath Project works or facilities, and an
entity operating any work or facility not owned by the United
States that receives Klamath Project water, may use any of
the Klamath Project works or facilities to convey non-Klamath
Project water for any authorized purpose of the Klamath
Project, subject to subparagraphs (B) and (C).
(B) Permits; measurement.--An addition, conveyance, and use
of water pursuant to subparagraph (A) shall be subject to the
requirements that--
(i) the applicable entity shall secure all permits required
under State or local laws; and
(ii) all water delivered into, or taken out of, a Klamath
Project facility pursuant to that subparagraph shall be
measured.
(C) Effect.--A use of non-Klamath Project water under this
paragraph shall not--
(i) adversely affect the delivery of water to any water
user or land served by the Klamath Project; or
(ii) result in any additional cost to the United States.
(3) Replacement of c canal flume.--The replacement of the C
Canal flume within the Klamath Project shall be considered to
be, and shall receive the treatment authorized for, emergency
extraordinary operation and maintenance work in accordance
with Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and
amendatory of that Act (43 U.S.C. 371 et seq.)).
(c) Administration.--
(1) Compliance.--In implementing this section and the
amendments made by this section, the Secretary of the
Interior shall comply with--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) all other applicable laws.
(2) Effect.--Nothing in this section--
(A) modifies the authorities or obligations of the United
States with respect to the tribal trust and treaty
obligations of the United States; or
(B) creates or determines water rights or affects water
rights or water right claims in existence on the date of
enactment of this Act.
[[Page S2288]]
PART IV--RESERVOIR OPERATION IMPROVEMENT
SEC. 10331. RESERVOIR OPERATION IMPROVEMENT.
(a) Definitions.--In this section:
(1) Reserved works.--The term ``reserved works'' means any
Bureau of Reclamation project facility at which the Secretary
of the Interior carries out the operation and maintenance of
the project facility.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(3) Transferred works.--The term ``transferred works''
means a Bureau of Reclamation project facility, the operation
and maintenance of which is carried out by a non-Federal
entity, under the provisions of a formal operation and
maintenance transfer contract.
(4) Transferred works operating entity.--The term
``transferred works operating entity'' means the organization
that is contractually responsible for operation and
maintenance of transferred works.
(b) Report.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Environment and Public
Works of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
including, for any State in which a county designated by the
Secretary of Agriculture as a drought disaster area during
water year 2015 is located, a list of projects, including
Corps of Engineers projects, and those non-Federal projects
and transferred works that are operated for flood control in
accordance with rules prescribed by the Secretary pursuant to
section 7 of the Act of December 22, 1944 (commonly known as
the ``Flood Control Act of 1944'') (58 Stat. 890, chapter
665), including, as applicable--
(1) the year the original water control manual was
approved;
(2) the year for any subsequent revisions to the water
control plan and manual of the project;
(3) a list of projects for which--
(A) operational deviations for drought contingency have
been requested;
(B) the status of the request; and
(C) a description of how water conservation and water
quality improvements were addressed; and
(4) a list of projects for which permanent or seasonal
changes to storage allocations have been requested, and the
status of the request.
(c) Project Identification.--Not later than 60 days after
the date of completion of the report under subsection (b),
the Secretary shall identify any projects described in the
report--
(1) for which the modification of the water operations
manuals, including flood control rule curve, would be likely
to enhance existing authorized project purposes, including
for water supply benefits and flood control operations;
(2) for which the water control manual and
hydrometeorological information establishing the flood
control rule curves of the project have not been
substantially revised during the 15-year period ending on the
date of review by the Secretary; and
(3) for which the non-Federal sponsor or sponsors of a
Corps of Engineers project, the owner of a non-Federal
project, or the non-Federal transferred works operating
entity, as applicable, has submitted to the Secretary a
written request to revise water operations manuals, including
flood control rule curves, based on the use of improved
weather forecasting or run-off forecasting methods, new
watershed data, changes to project operations, or structural
improvements.
(d) Pilot Projects.--
(1) In general.--Not later than 1 year after the date of
identification of projects under subsection (c), if any, the
Secretary shall carry out not fewer than 15 pilot projects,
which shall include not less than 6 non-Federal projects, to
implement revisions of water operations manuals, including
flood control rule curves, based on the best available
science, which may include--
(A) forecast-informed operations;
(B) new watershed data; and
(C) if applicable, in the case of non-Federal projects,
structural improvements.
(2) Consultation.--In implementing a pilot project under
this subsection, the Secretary shall consult with all
affected interests, including--
(A) non-Federal entities responsible for operations and
maintenance costs of a Federal facility;
(B) individuals and entities with storage entitlements; and
(C) local agencies with flood control responsibilities
downstream of a facility.
(e) Coordination With Non-federal Project Entities.--If a
project identified under subsection (c) is--
(1) a non-Federal project, the Secretary, prior to carrying
out an activity under this section, shall--
(A) consult with the non-Federal project owner; and
(B) enter into a cooperative agreement, memorandum of
understanding, or other agreement with the non-Federal
project owner describing the scope and goals of the activity
and the coordination among the parties; and
(2) a Federal project, the Secretary, prior to carrying out
an activity under this section, shall--
(A) consult with each Federal and non-Federal entity
(including a municipal water district, irrigation district,
joint powers authority, transferred works operating entity,
or other local governmental entity) that currently--
(i) manages (in whole or in part) a Federal dam or
reservoir; or
(ii) is responsible for operations and maintenance costs;
and
(B) enter into a cooperative agreement, memorandum of
understanding, or other agreement with each such entity
describing the scope and goals of the activity and the
coordination among the parties.
(f) Consideration.--In designing and implementing a
forecast-informed reservoir operations plan under subsection
(d) or (g), the Secretary may consult with the appropriate
agencies within the Department of the Interior and the
Department of Commerce with expertise in atmospheric,
meteorological, and hydrologic science to consider--
(1) the relationship between ocean and atmospheric
conditions, including--
(A) the El Nino and La Nina cycles; and
(B) the potential for above-normal, normal, and below-
normal rainfall for the coming water year, including
consideration of atmospheric river forecasts;
(2) the precipitation and runoff index specific to the
basin and watershed of the relevant dam or reservoir,
including incorporating knowledge of hydrological and
meteorological conditions that influence the timing and
quantity of runoff;
(3) improved hydrologic forecasting for precipitation,
snowpack, and soil moisture conditions;
(4) an adjustment of operational flood control rule curves
to optimize water supply storage and reliability, hydropower
production, environmental benefits for flows and temperature,
and other authorized project benefits, without a reduction in
flood safety; and
(5) proactive management in response to changes in
forecasts.
(g) Funding.--The Secretary may accept and expend amounts
from non-Federal entities and other Federal agencies to fund
all or a portion of the cost of carrying out a review or
revision of operational documents, including water control
plans, water control manuals, water control diagrams, release
schedules, rule curves, operational agreements with non-
Federal entities, and any associated environmental
documentation for--
(1) a Corps of Engineers project;
(2) a non-Federal project regulated for flood control by
the Secretary; or
(3) a Bureau of Reclamation transferred works regulated for
flood control by the Secretary.
(h) Effect.--
(1) Manual revisions.--A revision of a manual shall not
interfere with the authorized purposes of a Federal project
or the existing purposes of a non-Federal project regulated
for flood control by the Secretary.
(2) Effect of section.--
(A) Nothing in this section authorizes the Secretary to
carry out, at a Federal dam or reservoir, any project or
activity for a purpose not otherwise authorized as of the
date of enactment of this Act.
(B) Nothing in this section affects or modifies any
obligation of the Secretary under State law.
(C) Nothing in this section affects or modifies any
obligation to comply with any applicable Federal law.
(3) Bureau of reclamation reserved works excluded.--This
section--
(A) shall not apply to any dam or reservoir operated by the
Bureau of Reclamation as a reserved work, unless all non-
Federal project sponsors of a reserved work jointly provide
to the Secretary a written request for application of this
section to the project; and
(B) shall apply only to Bureau of Reclamation transferred
works at the written request of the transferred works
operating entity.
(4) Prior studies.--The Secretary shall--
(A) to the maximum extent practicable, coordinate the
efforts of the Secretary in carrying out subsections (b),
(c), and (d) with the efforts of the Secretary in
completing--
(i) the report required under section 1046(a)(2)(A) of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
2319 note; Public Law 113-121); and
(ii) the updated report required under subsection (a)(2)(B)
of that section; and
(B) if the reports are available before the date on which
the Secretary carries out the actions described in
subsections (b), (c), and (d), consider the findings of the
reports described in clauses (i) and (ii) of subparagraph
(A).
(i) Modifications to Manuals and Curves.--Not later than
180 days after the date of completion of a modification to an
operations manual or flood control rule curve, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
regarding the components of the forecast-based reservoir
operations plan incorporated into the change.
PART V--HYDROELECTRIC PROJECTS
SEC. 10341. TERROR LAKE HYDROELECTRIC PROJECT UPPER HIDDEN
BASIN DIVERSION AUTHORIZATION.
(a) Definitions.--In this section:
(1) Terror lake hydroelectric project.--The term ``Terror
Lake Hydroelectric Project'' means the project identified in
section 1325 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3212), and which is Federal
Energy Regulatory Commission project number 2743.
[[Page S2289]]
(2) Upper hidden basin diversion expansion.--The term
``Upper Hidden Basin Diversion Expansion'' means the
expansion of the Terror Lake Hydroelectric Project as
generally described in Exhibit E to the Upper Hidden Basin
Grant Application dated July 2, 2014 and submitted to the
Alaska Energy Authority Renewable Energy Fund Round VIII by
Kodiak Electric Association, Inc.
(b) Authorization.--The licensee for the Terror Lake
Hydroelectric Project may occupy not more than 20 acres of
Federal land to construct, operate, and maintain the Upper
Hidden Basin Diversion Expansion without further
authorization of the Secretary of the Interior or under the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
(c) Savings Clause.--The Upper Hidden Basin Diversion
Expansion shall be subject to appropriate terms and
conditions included in an amendment to a license issued by
the Federal Energy Regulatory Commission pursuant to the
Federal Power Act (16 U.S.C. 791a et seq.), including section
4(e) of that Act (16 U.S.C. 797(e)), following an
environmental review by the Commission under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 10342. STAY AND REINSTATEMENT OF FERC LICENSE NO. 11393
FOR THE MAHONEY LAKE HYDROELECTRIC PROJECT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) License.--The term ``license'' means the license for
Commission project number 11393.
(3) Licensee.--The term ``licensee'' means the holder of
the license.
(b) Stay of License.--On the request of the licensee, the
Commission shall issue an order continuing the stay of the
license.
(c) Lifting of Stay.--On the request of the licensee, but
not later than 10 years after the date of enactment of this
Act, the Commission shall--
(1) issue an order lifting the stay of the license under
subsection (b); and
(2) make the effective date of the license the date on
which the stay is lifted under paragraph (1).
(d) Extension of License.--On the request of the licensee
and notwithstanding the time period specified in section 13
of the Federal Power Act (16 U.S.C. 806) for commencement of
construction of the project subject to the license, the
Commission shall, after reasonable notice and in accordance
with the good faith, due diligence, and public interest
requirements of that section, extend the time period during
which the licensee is required to commence the construction
of the project for not more than 3 consecutive 2-year
periods, notwithstanding any other provision of law.
(e) Effect.--Nothing in this section prioritizes, or
creates any advantage or disadvantage to, Commission project
number 11393 under Federal law, including the Federal Power
Act (16 U.S.C. 791a et seq.) or the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2601 et seq.), as compared
to--
(1) any electric generating facility in existence on the
date of enactment of this Act; or
(2) any electric generating facility that may be examined,
proposed, or developed during the period of any stay or
extension of the license under this section.
SEC. 10343. EXTENSION OF DEADLINE FOR HYDROELECTRIC PROJECT.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission (referred to in this section as the
``Commission'') project numbered 12642, the Commission may,
at the request of the licensee for the project, and after
reasonable notice, in accordance with the good faith, due
diligence, and public interest requirements of that section
and the procedures of the Commission under that section,
extend the time period during which the licensee is required
to commence the construction of the project for up to 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
enactment of this Act--
(1) the Commission shall reinstate the license effective as
of the date of the expiration of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration date.
SEC. 10344. EXTENSION OF DEADLINE FOR CERTAIN OTHER
HYDROELECTRIC PROJECTS.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission (referred to in this section as the
``Commission'') projects numbered 12737 and 12740, the
Commission may, at the request of the licensee for the
applicable project, and after reasonable notice, in
accordance with the good faith, due diligence, and public
interest requirements of that section and the procedures of
the Commission under that section, extend the time period
during which the licensee is required to commence the
construction of the applicable project for up to 3
consecutive 2-year periods from the date of the expiration of
the extension originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of a project
described in subsection (a) has expired prior to the date of
enactment of this Act--
(1) the Commission may reinstate the license for the
applicable project effective as of the date of the expiration
of the license; and
(2) the first extension authorized under subsection (a)
shall take effect on that expiration.
SEC. 10345. EQUUS BEDS DIVISION EXTENSION.
Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120
Stat. 1474) is amended by striking ``10 years'' and inserting
``20 years''.
SEC. 10346. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CANNONSVILLE DAM.
(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 13287, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice, in accordance with the
good faith, due diligence, and public interest requirements
of that section and the procedures of the Commission under
that section, extend the time period during which the
licensee is required to commence construction of the project
for up to 4 consecutive 2-year periods after the required
date of the commencement of construction described in Article
301 of the license.
(b) Reinstatement of Expired License.--
(1) In general.--If the required date of the commencement
of construction described in subsection (a) has expired prior
to the date of enactment of this Act, the Commission may
reinstate the license effective as of that date of
expiration.
(2) Extension.--If the Commission reinstates the license
under paragraph (1), the first extension authorized under
subsection (a) shall take effect on the date of that
expiration.
PART VI--PUMPED STORAGE HYDROPOWER COMPENSATION
SEC. 10351. PUMPED STORAGE HYDROPOWER COMPENSATION.
Not later than 180 days after the date of enactment of this
Act, the Federal Energy Regulatory Commission shall initiate
a proceeding to identify and determine the market,
procurement, and cost recovery mechanisms that would--
(1) encourage development of pumped storage hydropower
assets; and
(2) properly compensate those assets for the full range of
services provided to the power grid, including--
(A) balancing electricity supply and demand;
(B) ensuring grid reliability; and
(C) cost-effectively integrating intermittent power sources
into the grid.
The PRESIDING OFFICER. The Senator from Alaska.
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