[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.

[[Page S2210]]

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.

[[Page S2228]]

  


     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;

[[Page S2251]]

       (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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