[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[House]
[Pages H3117-H3208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1415
                ENERGY POLICY MODERNIZATION ACT OF 2016

  Mr. WHITFIELD. Mr. Speaker, pursuant to House Resolution 744, I call 
up the bill (S. 2012) to provide for the modernization of the energy 
policy of the United States, and for other purposes, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 744, an 
amendment in the nature of a substitute consisting of the text of Rules 
Committee Print 114-55 is adopted and the bill, as amended, is 
considered read.
  The text of the bill, as amended, is 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 ``North 
     American Energy Security and Infrastructure Act of 2016''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

     DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE

Sec. 1. Short title.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

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

            Subtitle B--Hydropower Regulatory Modernization

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

                TITLE II--ENERGY SECURITY AND DIPLOMACY

Sec. 2001. Sense of Congress.

[[Page H3118]]

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

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              Chapter 1--Federal Agency Energy Efficiency

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

        Chapter 2--Energy Efficient Technology and Manufacturing

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

                      Chapter 3--School Buildings

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

                    Chapter 4--Building Energy Codes

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

        Chapter 5--EPCA Technical Corrections and Clarifications

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

                 Chapter 6--Energy and Water Efficiency

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

                       Subtitle B--Accountability

      Chapter 1--Market Manipulation, Enforcement, and Compliance

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

                       Chapter 2--Market Reforms

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

                      Chapter 3--Code Maintenance

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

                        Chapter 4--Authorization

Sec. 3261 Authorization.

             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

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

                         TITLE V--OTHER MATTERS

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

         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

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

                     TITLE VII--MARINE HYDROKINETIC

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

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

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

        TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT

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

                 DIVISION B--RESILIENT FEDERAL FORESTS

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

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

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

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

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

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

Sec. 301. Definitions.

[[Page H3119]]

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

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

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

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

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

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

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

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

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

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

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

         TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

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

                     DIVISION C--NATURAL RESOURCES

         TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT

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

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

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

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

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

         Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

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

             Subtitle D--CALFED STORAGE FEASIBILITY STUDIES

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

                  Subtitle E--WATER RIGHTS PROTECTIONS

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

                       Subtitle F--MISCELLANEOUS

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

                Subtitle G--Water Supply Permitting Act

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

         Subtitle H--Bureau of Reclamation Project Streamlining

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

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

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

                       Subtitle J--Safety of Dams

Sec. 1121. Authorization of additional project benefits.

                  Subtitle K--Water Rights Protection

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

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

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

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

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

   Subtitle B--Target Practice and Marksmanship Training Support Act

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

          Subtitle C--Polar Bear Conservation and Fairness Act

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

            Subtitle D--Recreational Lands Self-Defense Act

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

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

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

Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act

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

              Subtitle G--Farmer and Hunter Protection Act

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

    Subtitle H--Transporting Bows Across National Park Service Lands

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

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

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

[[Page H3120]]

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

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

              Subtitle K--Respect for Treaties and Rights

Sec. 2111. Respect for Treaties and Rights.

           Subtitle L--State Approval of Fishing Restriction

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

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

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

             Subtitle N--Grand Canyon Bison Management Act

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

            Subtitle O--Open Book on Equal Access to Justice

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

                  Subtitle P--Utility Terrain Vehicles

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

             Subtitle Q--Good Samaritan Search and Recovery

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

    Subtitle R--Interstate Transportation of Firearms or Ammunition

Sec. 2191. Interstate transportation of firearms or ammunition.

                        Subtitle S--Gray Wolves

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

                  Subtitle T--Miscellaneous Provisions

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

   TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT

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

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

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

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

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

                  Subtitle C--Miscellaneous Provisions

Sec. 3031. Secretarial order not affected.

                  TITLE IV--NATIVE AMERICAN ENERGY ACT

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

             TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT

Sec. 5001. Early repayment of construction costs.

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

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

                TITLE VII--MEDGAR EVERS HOUSE STUDY ACT

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

               TITLE VIII--SKY POINT MOUNTAIN DESIGNATION

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

               TITLE IX--CHIEF STANDING BEAR TRAIL STUDY

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

        TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT

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

       TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT

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

TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT

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

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

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

         TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT

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

              TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT

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

   TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND

Sec. 16001. Removal of use restriction.

            TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK

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

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

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

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

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

                      TITLE XX--9/11 MEMORIAL ACT

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

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

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

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

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

     TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT

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

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

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

       TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT

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

             TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT

Sec. 26001. Short title.

              Subtitle A--Cow Creek Umpqua Land Conveyance

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

                  Subtitle B--Coquille Forest Fairness

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

                    Subtitle C--Oregon Coastal Lands

Sec. 26031. Short title.
Sec. 26032. Definitions.
Sec. 26033. Conveyance.
Sec. 26034. Map and legal description.

[[Page H3121]]

Sec. 26035. Administration.
Sec. 26036. Land reclassification.

                          DIVISION D--SCIENCE

                 TITLE V--DEPARTMENT OF ENERGY SCIENCE

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

    TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT

           Subtitle A--Crosscutting Research and Development

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

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

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

          Subtitle C--Nuclear Energy Research and Development

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

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

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

           Subtitle E--Fossil Energy Research and Development

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

          Subtitle F--Advanced Research Projects Agency-Energy

Sec. 671. ARPA-E amendments.

              Subtitle G--Authorization of Appropriations

Sec. 681. Authorization of appropriations.

                        Subtitle H--Definitions

Sec. 691. Definitions.

          TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER

                         Subtitle A--In General

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

       Subtitle B--Innovation Management at Department of Energy

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

    Subtitle C--Cross-Sector Partnerships and Grant Competitiveness

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

                    Subtitle D--Assessment of Impact

Sec. 731. Report by Government Accountability Office.

          TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES

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

     DIVISION A--NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE

     SEC. 1. SHORT TITLE.

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

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

     SEC. 1101. FERC PROCESS COORDINATION.

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

[[Page H3122]]

     and make available to the public on the Commission's website 
     information related to the actions required to complete 
     permitting, reviews, and other actions required. Such 
     information shall include the following:
       ``(1) The schedule established by the Commission under 
     subsection (c)(1).
       ``(2) A list of all the actions required by each applicable 
     agency to complete permitting, reviews, and other actions 
     necessary to obtain a final decision on the Federal 
     authorization.
       ``(3) The expected completion date for each such action.
       ``(4) A point of contact at the agency accountable for each 
     such action.
       ``(5) In the event that an action is still pending as of 
     the expected date of completion, a brief explanation of the 
     reasons for the delay.''.

     SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY 
                   CONFLICTS.

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

     SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY 
                   DISRUPTIONS.

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

     SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

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

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

       ``(a) Definitions.--For purposes of this section:
       ``(1) Bulk-power system; electric reliability organization; 
     regional entity.--The terms `bulk-power system', `Electric 
     Reliability Organization', and `regional entity' have the 
     meanings given such terms in paragraphs (1), (2), and (7) of 
     section 215(a), respectively.
       ``(2) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means a system or asset of the bulk-
     power system, whether physical or virtual, the incapacity or 
     destruction of which would negatively affect national 
     security, economic security, public health or safety, or any 
     combination of such matters.
       ``(3) Critical electric infrastructure information.--The 
     term `critical electric infrastructure information' means 
     information related to critical electric infrastructure, or 
     proposed critical electrical infrastructure, generated by or 
     provided to the Commission or other Federal agency, other 
     than classified national security information, that is 
     designated as critical electric infrastructure information by 
     the Commission under subsection (d)(2). Such term includes 
     information that qualifies as critical energy infrastructure 
     information under the Commission's regulations.
       ``(4) Defense critical electric infrastructure.--The term 
     `defense critical electric infrastructure' means any electric 
     infrastructure located in the United States (including the 
     territories) that serves a facility designated by the 
     Secretary pursuant to subsection (c), but is not owned or 
     operated by the owner or operator of such facility.
       ``(5) Electromagnetic pulse.--The term `electromagnetic 
     pulse' means 1 or more pulses of electromagnetic energy 
     emitted by a device capable of disabling or disrupting 
     operation of, or destroying, electronic devices or 
     communications networks, including hardware, software, and 
     data, by means of such a pulse.
       ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
     means a temporary disturbance of the Earth's magnetic field 
     resulting from solar activity.
       ``(7) Grid security emergency.--The term `grid security 
     emergency' means the occurrence or imminent danger of--
       ``(A)(i) a malicious act using electronic communication or 
     an electromagnetic pulse, or a geomagnetic storm event, that 
     could disrupt the operation of those electronic devices or 
     communications networks, including hardware, software, and 
     data, that are essential to the reliability of critical 
     electric infrastructure or of defense critical electric 
     infrastructure; and
       ``(ii) disruption of the operation of such devices or 
     networks, with significant adverse effects on the reliability 
     of critical electric infrastructure or of defense critical 
     electric infrastructure, as a result of such act or event; or
       ``(B)(i) a direct physical attack on critical electric 
     infrastructure or on defense critical electric 
     infrastructure; and
       ``(ii) significant adverse effects on the reliability of 
     critical electric infrastructure or of defense critical 
     electric infrastructure as a result of such physical attack.
       ``(8) Grid security vulnerability.--The term `grid security 
     vulnerability' means a weakness that, in the event of a 
     malicious act using an electromagnetic pulse, would pose a 
     substantial risk of disruption to the operation of those 
     electrical or electronic devices or communications networks, 
     including hardware, software, and data, that are essential to 
     the reliability of the bulk-power system.
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Authority To Address Grid Security Emergency.--
       ``(1) Authority.--Whenever the President issues and 
     provides to the Secretary a written directive or 
     determination identifying a grid security emergency, the 
     Secretary may, with or without notice, hearing, or report, 
     issue such orders for emergency measures as are necessary in 
     the judgment of the Secretary to protect or restore the 
     reliability of critical electric infrastructure or of defense 
     critical electric infrastructure during such emergency. As 
     soon as practicable but not later than 180 days after the 
     date of enactment of this section, the Secretary shall, after 
     notice and opportunity for comment, establish rules of 
     procedure that ensure that such authority can be exercised 
     expeditiously.
       ``(2) Notification of congress.--Whenever the President 
     issues and provides to the Secretary a written directive or 
     determination under paragraph (1), the President shall 
     promptly notify congressional committees of relevant 
     jurisdiction, including the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate, of the contents of, and 
     justification for, such directive or determination.
       ``(3) Consultation.--Before issuing an order for emergency 
     measures under paragraph (1), the Secretary shall, to the 
     extent practicable in light of the nature of the grid 
     security emergency and the urgency of the need for action,

[[Page H3123]]

     consult with appropriate governmental authorities in Canada 
     and Mexico, entities described in paragraph (4), the 
     Electricity Sub-sector Coordinating Council, the Commission, 
     and other appropriate Federal agencies regarding 
     implementation of such emergency measures.
       ``(4) Application.--An order for emergency measures under 
     this subsection may apply to--
       ``(A) the Electric Reliability Organization;
       ``(B) a regional entity; or
       ``(C) any owner, user, or operator of critical electric 
     infrastructure or of defense critical electric infrastructure 
     within the United States.
       ``(5) Expiration and reissuance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an order for emergency measures issued under paragraph (1) 
     shall expire no later than 15 days after its issuance.
       ``(B) Extensions.--The Secretary may reissue an order for 
     emergency measures issued under paragraph (1) for subsequent 
     periods, not to exceed 15 days for each such period, provided 
     that the President, for each such period, issues and provides 
     to the Secretary a written directive or determination that 
     the grid security emergency identified under paragraph (1) 
     continues to exist or that the emergency measure continues to 
     be required.
       ``(6) Cost recovery.--
       ``(A) Critical electric infrastructure.--If the Commission 
     determines that owners, operators, or users of critical 
     electric infrastructure have incurred substantial costs to 
     comply with an order for emergency measures issued under this 
     subsection and that such costs were prudently incurred and 
     cannot reasonably be recovered through regulated rates or 
     market prices for the electric energy or services sold by 
     such owners, operators, or users, the Commission shall, 
     consistent with the requirements of section 205, after notice 
     and an opportunity for comment, establish a mechanism that 
     permits such owners, operators, or users to recover such 
     costs.
       ``(B) Defense critical electric infrastructure.--To the 
     extent the owner or operator of defense critical electric 
     infrastructure is required to take emergency measures 
     pursuant to an order issued under this subsection, the owners 
     or operators of a critical defense facility or facilities 
     designated by the Secretary pursuant to subsection (c) that 
     rely upon such infrastructure shall bear the full incremental 
     costs of the measures.
       ``(7) Temporary access to classified information.--The 
     Secretary, and other appropriate Federal agencies, shall, to 
     the extent practicable and consistent with their obligations 
     to protect classified information, provide temporary access 
     to classified information related to a grid security 
     emergency for which emergency measures are issued under 
     paragraph (1) to key personnel of any entity subject to such 
     emergency measures to enable optimum communication between 
     the entity and the Secretary and other appropriate Federal 
     agencies regarding the grid security emergency.
       ``(c) Designation of Critical Defense Facilities.--Not 
     later than 180 days after the date of enactment of this 
     section, the Secretary, in consultation with other 
     appropriate Federal agencies and appropriate owners, users, 
     or operators of infrastructure that may be defense critical 
     electric infrastructure, shall identify and designate 
     facilities located in the United States (including the 
     territories) that are--
       ``(1) critical to the defense of the United States; and
       ``(2) vulnerable to a disruption of the supply of electric 
     energy provided to such facility by an external provider.

     The Secretary may, in consultation with appropriate Federal 
     agencies and appropriate owners, users, or operators of 
     defense critical electric infrastructure, periodically revise 
     the list of designated facilities as necessary.
       ``(d) Protection and Sharing of Critical Electric 
     Infrastructure Information.--
       ``(1) Protection of critical electric infrastructure 
     information.--Critical electric infrastructure information--
       ``(A) shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code; and
       ``(B) shall not be made available by any Federal, State, 
     political subdivision or tribal authority pursuant to any 
     Federal, State, political subdivision or tribal law requiring 
     public disclosure of information or records.
       ``(2) Designation and sharing of critical electric 
     infrastructure information.--Not later than one year after 
     the date of enactment of this section, the Commission, in 
     consultation with the Secretary of Energy, shall promulgate 
     such regulations and issue such orders as necessary to--
       ``(A) designate information as critical electric 
     infrastructure information;
       ``(B) prohibit the unauthorized disclosure of critical 
     electric infrastructure information;
       ``(C) ensure there are appropriate sanctions in place for 
     Commissioners, officers, employees, or agents of the 
     Commission who knowingly and willfully disclose critical 
     electric infrastructure information in a manner that is not 
     authorized under this section; and
       ``(D) taking into account standards of the Electric 
     Reliability Organization, facilitate voluntary sharing of 
     critical electric infrastructure information with, between, 
     and by--
       ``(i) Federal, State, political subdivision, and tribal 
     authorities;
       ``(ii) the Electric Reliability Organization;
       ``(iii) regional entities;
       ``(iv) information sharing and analysis centers established 
     pursuant to Presidential Decision Directive 63;
       ``(v) owners, operators, and users of critical electric 
     infrastructure in the United States; and
       ``(vi) other entities determined appropriate by the 
     Commission.
       ``(3) Considerations.--In promulgating regulations and 
     issuing orders under paragraph (2), the Commission shall take 
     into consideration the role of State commissions in reviewing 
     the prudence and cost of investments, determining the rates 
     and terms of conditions for electric services, and ensuring 
     the safety and reliability of the bulk-power system and 
     distribution facilities within their respective 
     jurisdictions.
       ``(4) Protocols.--The Commission shall, in consultation 
     with Canadian and Mexican authorities, develop protocols for 
     the voluntary sharing of critical electric infrastructure 
     information with Canadian and Mexican authorities and owners, 
     operators, and users of the bulk-power system outside the 
     United States.
       ``(5) No required sharing of information.--Nothing in this 
     section shall require a person or entity in possession of 
     critical electric infrastructure information to share such 
     information with Federal, State, political subdivision, or 
     tribal authorities, or any other person or entity.
       ``(6) Submission of information to congress.--Nothing in 
     this section shall permit or authorize the withholding of 
     information from Congress, any committee or subcommittee 
     thereof, or the Comptroller General.
       ``(7) Disclosure of protected information.--In implementing 
     this section, the Commission shall segregate critical 
     electric infrastructure information or information that 
     reasonably could be expected to lead to the disclosure of the 
     critical electric infrastructure information within documents 
     and electronic communications, wherever feasible, to 
     facilitate disclosure of information that is not designated 
     as critical electric infrastructure information.
       ``(8) Duration of designation.--Information may not be 
     designated as critical electric infrastructure information 
     for longer than 5 years, unless specifically re-designated by 
     the Commission.
       ``(9) Removal of designation.--The Commission shall remove 
     the designation of critical electric infrastructure 
     information, in whole or in part, from a document or 
     electronic communication if the Commission determines that 
     the unauthorized disclosure of such information could no 
     longer be used to impair the security or reliability of the 
     bulk-power system or distribution facilities.
       ``(10) Judicial review of designations.--Notwithstanding 
     section 313(b), any determination by the Commission 
     concerning the designation of critical electric 
     infrastructure information under this subsection shall be 
     subject to review under chapter 7 of title 5, United States 
     Code, except that such review shall be brought in the 
     district court of the United States in the district in which 
     the complainant resides, or has his principal place of 
     business, or in the District of Columbia. In such a case the 
     court shall examine in camera the contents of documents or 
     electronic communications that are the subject of the 
     determination under review to determine whether such 
     documents or any part thereof were improperly designated or 
     not designated as critical electric infrastructure 
     information.
       ``(e) Measures to Address Grid Security Vulnerabilities.--
       ``(1) Commission authority.--
       ``(A) Reliability standards.--If the Commission, in 
     consultation with appropriate Federal agencies, identifies a 
     grid security vulnerability that the Commission determines 
     has not adequately been addressed through a reliability 
     standard developed and approved under section 215, the 
     Commission shall, after notice and opportunity for comment 
     and after consultation with the Secretary, other appropriate 
     Federal agencies, and appropriate governmental authorities in 
     Canada and Mexico, issue an order directing the Electric 
     Reliability Organization to submit to the Commission for 
     approval under section 215, not later than 30 days after the 
     issuance of such order, a reliability standard requiring 
     implementation, by any owner, operator, or user of the bulk-
     power system in the United States, of measures to protect the 
     bulk-power system against such vulnerability. Any such 
     standard shall include a protection plan, including automated 
     hardware-based solutions. The Commission shall approve a 
     reliability standard submitted pursuant to this subparagraph, 
     unless the Commission determines that such reliability 
     standard does not adequately protect against such 
     vulnerability or otherwise does not satisfy the requirements 
     of section 215.
       ``(B) Measures to address grid security vulnerabilities.--
     If the Commission, after notice and opportunity for comment 
     and after consultation with the Secretary, other appropriate 
     Federal agencies, and appropriate governmental authorities in 
     Canada and Mexico, determines that the reliability standard 
     submitted by the Electric Reliability Organization to address 
     a grid security vulnerability identified under subparagraph 
     (A) does not adequately protect the bulk-power system against 
     such vulnerability, the Commission shall promulgate a rule or 
     issue an order requiring implementation, by any owner, 
     operator, or user of the bulk-power system in the United 
     States, of measures to protect the bulk-power system against 
     such vulnerability. Any such rule or order shall include a 
     protection plan, including automated hardware-based 
     solutions. Before promulgating a rule or issuing an order 
     under this subparagraph, the Commission shall, to the extent 
     practicable in light of the urgency of the need for action to 
     address the grid security vulnerability, request and consider 
     recommendations from the Electric Reliability Organization 
     regarding such rule or order. The Commission may establish an 
     appropriate deadline for the submission of such 
     recommendations.
       ``(2) Rescission.--The Commission shall approve a 
     reliability standard developed under section 215 that 
     addresses a grid security vulnerability that is the subject 
     of a rule or order under paragraph (1)(B), unless the 
     Commission determines that such reliability standard does

[[Page H3124]]

     not adequately protect against such vulnerability or 
     otherwise does not satisfy the requirements of section 215. 
     Upon such approval, the Commission shall rescind the rule 
     promulgated or order issued under paragraph (1)(B) addressing 
     such vulnerability, effective upon the effective date of the 
     newly approved reliability standard.
       ``(3) Geomagnetic storms and electromagnetic pulse.--Not 
     later than 6 months after the date of enactment of this 
     section, the Commission shall, after notice and an 
     opportunity for comment and after consultation with the 
     Secretary and other appropriate Federal agencies, issue an 
     order directing the Electric Reliability Organization to 
     submit to the Commission for approval under section 215, not 
     later than 6 months after the issuance of such order, 
     reliability standards adequate to protect the bulk-power 
     system from any reasonably foreseeable geomagnetic storm or 
     electromagnetic pulse event. The Commission's order shall 
     specify the nature and magnitude of the reasonably 
     foreseeable events against which such standards must protect. 
     Such standards shall appropriately balance the risks to the 
     bulk-power system associated with such events, including any 
     regional variation in such risks, the costs of mitigating 
     such risks, and the priorities and timing associated with 
     implementation. If the Commission determines that the 
     reliability standards submitted by the Electric Reliability 
     Organization pursuant to this paragraph are inadequate, the 
     Commission shall promulgate a rule or issue an order adequate 
     to protect the bulk-power system from geomagnetic storms or 
     electromagnetic pulse as required under paragraph (1)(B).
       ``(4) Large transformer availability.--Not later than 1 
     year after the date of enactment of this section, the 
     Commission shall, after notice and an opportunity for comment 
     and after consultation with the Secretary and other 
     appropriate Federal agencies, issue an order directing the 
     Electric Reliability Organization to submit to the Commission 
     for approval under section 215, not later than 1 year after 
     the issuance of such order, reliability standards addressing 
     availability of large transformers. Such standards shall 
     require entities that own or operate large transformers to 
     ensure, individually or jointly, adequate availability of 
     large transformers to promptly restore the reliable operation 
     of the bulk-power system in the event that any such 
     transformer is destroyed or disabled as a result of a 
     geomagnetic storm event or electromagnetic pulse event. The 
     Commission's order shall specify the nature and magnitude of 
     the reasonably foreseeable events that shall provide the 
     basis for such standards. Such standards shall--
       ``(A) provide entities subject to the standards with the 
     option of meeting such standards individually or jointly; and
       ``(B) appropriately balance the risks associated with a 
     reasonably foreseeable event, including any regional 
     variation in such risks, and the costs of ensuring adequate 
     availability of spare transformers.
       ``(5) Certain federal entities.--For the 11-year period 
     commencing on the date of enactment of this section, the 
     Tennessee Valley Authority and the Bonneville Power 
     Administration shall be exempt from any requirement under 
     this subsection.
       ``(f) Security Clearances.--The Secretary shall facilitate 
     and, to the extent practicable, expedite the acquisition of 
     adequate security clearances by key personnel of any entity 
     subject to the requirements of this section, to enable 
     optimum communication with Federal agencies regarding threats 
     to the security of the critical electric infrastructure. The 
     Secretary, the Commission, and other appropriate Federal 
     agencies shall, to the extent practicable and consistent with 
     their obligations to protect classified and critical electric 
     infrastructure information, share timely actionable 
     information regarding grid security with appropriate key 
     personnel of owners, operators, and users of the critical 
     electric infrastructure.
       ``(g) Clarifications of Liability.--
       ``(1) Compliance with or violation of this act.--Except as 
     provided in paragraph (4), to the extent any action or 
     omission taken by an entity that is necessary to comply with 
     an order for emergency measures issued under subsection 
     (b)(1), including any action or omission taken to voluntarily 
     comply with such order, results in noncompliance with, or 
     causes such entity not to comply with any rule, order, 
     regulation, or provision of this Act, including any 
     reliability standard approved by the Commission pursuant to 
     section 215, such action or omission shall not be considered 
     a violation of such rule, order, regulation, or provision.
       ``(2)  Relation to section 202(c).--Except as provided in 
     paragraph (4), an action or omission taken by an owner, 
     operator, or user of critical electric infrastructure or of 
     defense critical electric infrastructure to comply with an 
     order for emergency measures issued under subsection (b)(1) 
     shall be treated as an action or omission taken to comply 
     with an order issued under section 202(c) for purposes of 
     such section.
       ``(3) Sharing or receipt of information.--No cause of 
     action shall lie or be maintained in any Federal or State 
     court for the sharing or receipt of information under, and 
     that is conducted in accordance with, subsection (d).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to require dismissal of a cause of action 
     against an entity that, in the course of complying with an 
     order for emergency measures issued under subsection (b)(1) 
     by taking an action or omission for which they would be 
     liable but for paragraph (1) or (2), takes such action or 
     omission in a grossly negligent manner.''.
       (b) Conforming Amendments.--
       (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
     Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
     after ``215,'' each place it appears.
       (2) Public utility.--Section 201(e) of the Federal Power 
     Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' 
     after ``215,''.

     SEC. 1105. STRATEGIC TRANSFORMER RESERVE.

       (a) Finding.--Congress finds that the storage of 
     strategically located spare large power transformers and 
     emergency mobile substations will reduce the vulnerability of 
     the United States to multiple risks facing electric grid 
     reliability, including physical attack, cyber attack, 
     electromagnetic pulse, geomagnetic disturbances, severe 
     weather, and seismic events.
       (b) Definitions.--In this section:
       (1) Bulk-power system.--The term ``bulk-power system'' has 
     the meaning given such term in section 215(a) of the Federal 
     Power Act (16 U.S.C. 824o(a)).
       (2) Critically damaged large power transformer.--The term 
     ``critically damaged large power transformer'' means a large 
     power transformer that--
       (A) has sustained extensive damage such that--
       (i) repair or refurbishment is not economically viable; or
       (ii) the extensive time to repair or refurbish the large 
     power transformer would create an extended period of 
     instability in the bulk-power system; and
       (B) prior to sustaining such damage, was part of the bulk-
     power system.
       (3) Critical electric infrastructure.--The term ``critical 
     electric infrastructure'' has the meaning given that term in 
     section 215A of the Federal Power Act.
       (4) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given such term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (5) Emergency mobile substation.--The term ``emergency 
     mobile substation'' means a mobile substation or mobile 
     transformer that is--
       (A) assembled and permanently mounted on a trailer that is 
     capable of highway travel and meets relevant Department of 
     Transportation regulations; and
       (B) intended for express deployment and capable of being 
     rapidly placed into service.
       (6) Large power transformer.--The term ``large power 
     transformer'' means a power transformer with a maximum 
     nameplate rating of 100 megavolt-amperes or higher, including 
     related critical equipment, that is, or is intended to be, a 
     part of the bulk-power system.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) Spare large power transformer.--The term ``spare large 
     power transformer'' means a large power transformer that is 
     stored within the Strategic Transformer Reserve to be 
     available to temporarily replace a critically damaged large 
     power transformer.
       (c) Strategic Transformer Reserve Plan.--
       (1) Plan.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Office of Electricity Delivery and Energy Reliability, shall, 
     in consultation with the Federal Energy Regulatory 
     Commission, the Electricity Sub-sector Coordinating Council, 
     the Electric Reliability Organization, and owners and 
     operators of critical electric infrastructure and defense and 
     military installations, prepare and submit to Congress a plan 
     to establish a Strategic Transformer Reserve for the storage, 
     in strategically located facilities, of spare large power 
     transformers and emergency mobile substations in sufficient 
     numbers to temporarily replace critically damaged large power 
     transformers and substations that are critical electric 
     infrastructure or serve defense and military installations.
       (2) Inclusions.--The Strategic Transformer Reserve plan 
     shall include a description of--
       (A) the appropriate number and type of spare large power 
     transformers necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations to 
     mitigate significant impacts to the electric grid resulting 
     from--
       (i) physical attack;
       (ii) cyber attack;
       (iii) electromagnetic pulse attack;
       (iv) geomagnetic disturbances;
       (v) severe weather; or
       (vi) seismic events;
       (B) other critical electric grid equipment for which an 
     inventory of spare equipment, including emergency mobile 
     substations, is necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations;
       (C) the degree to which utility sector actions or 
     initiatives, including individual utility ownership of spare 
     equipment, joint ownership of spare equipment inventory, 
     sharing agreements, or other spare equipment reserves or 
     arrangements, satisfy the needs identified under 
     subparagraphs (A) and (B);
       (D) the potential locations for, and feasibility and 
     appropriate number of, strategic storage locations for 
     reserve equipment, including consideration of--
       (i) the physical security of such locations;
       (ii) the protection of the confidentiality of such 
     locations; and
       (iii) the proximity of such locations to sites of 
     potentially critically damaged large power transformers and 
     substations that are critical electric infrastructure or 
     serve defense and military installations, so as to enable 
     efficient delivery of equipment to such sites;
       (E) the necessary degree of flexibility of spare large 
     power transformers to be included in the Strategic 
     Transformer Reserve to conform to different substation 
     configurations, including consideration of transformer--
       (i) power and voltage rating for each winding;
       (ii) overload requirements;
       (iii) impedance between windings;

[[Page H3125]]

       (iv) configuration of windings; and
       (v) tap requirements;
       (F) an estimate of the direct cost of the Strategic 
     Transformer Reserve, as proposed, including--
       (i) the cost of storage facilities;
       (ii) the cost of the equipment; and
       (iii) management, maintenance, and operation costs;
       (G) the funding options available to establish, stock, 
     manage, and maintain the Strategic Transformer Reserve, 
     including consideration of fees on owners and operators of 
     bulk-power system facilities, critical electric 
     infrastructure, and defense and military installations 
     relying on the Strategic Transformer Reserve, use of Federal 
     appropriations, and public-private cost-sharing options;
       (H) the ease and speed of transportation, installation, and 
     energization of spare large power transformers to be included 
     in the Strategic Transformer Reserve, including consideration 
     of factors such as--
       (i) transformer transportation weight;
       (ii) transformer size;
       (iii) topology of critical substations;
       (iv) availability of appropriate transformer mounting pads;
       (v) flexibility of the spare large power transformers as 
     described in subparagraph (E); and
       (vi) ability to rapidly transition a spare large power 
     transformer from storage to energization;
       (I) eligibility criteria for withdrawal of equipment from 
     the Strategic Transformer Reserve;
       (J) the process by which owners or operators of critically 
     damaged large power transformers or substations that are 
     critical electric infrastructure or serve defense and 
     military installations may apply for a withdrawal from the 
     Strategic Transformer Reserve;
       (K) the process by which equipment withdrawn from the 
     Strategic Transformer Reserve is returned to the Strategic 
     Transformer Reserve or is replaced;
       (L) possible fees to be paid by users of equipment 
     withdrawn from the Strategic Transformer Reserve;
       (M) possible fees to be paid by owners and operators of 
     large power transformers and substations that are critical 
     electric infrastructure or serve defense and military 
     installations to cover operating costs of the Strategic 
     Transformer Reserve;
       (N) the domestic and international large power transformer 
     supply chain;
       (O) the potential reliability, cost, and operational 
     benefits of including emergency mobile substations in any 
     Strategic Transformer Reserve established under this section; 
     and
       (P) other considerations for designing, constructing, 
     stocking, funding, and managing the Strategic Transformer 
     Reserve.
       (d) Establishment.--The Secretary may establish a Strategic 
     Transformer Reserve in accordance with the plan prepared 
     pursuant to subsection (c) after the date that is 6 months 
     after the date on which such plan is submitted to Congress.
       (e) Disclosure of Information.--Any information included in 
     the Strategic Transformer Reserve plan, or shared in the 
     preparation and development of such plan, the disclosure of 
     which the agency reasonably foresees would cause harm to 
     critical electric infrastructure, shall be deemed to be 
     critical electric infrastructure information for purposes of 
     section 215A(d) of the Federal Power Act.

     SEC. 1106. CYBER SENSE.

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

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

       (a) State Consideration of Resiliency and Advanced Energy 
     Analytics Technologies and Reliable Generation.--
       (1) Consideration.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding the following at the end:
       ``(20) Improving the resilience of electric 
     infrastructure.--
       ``(A) In general.--Each electric utility shall develop a 
     plan to use resiliency-related technologies, upgrades, 
     measures, and other approaches designed to improve the 
     resilience of electric infrastructure, mitigate power 
     outages, continue delivery of vital services, and maintain 
     the flow of power to facilities critical to public health, 
     safety, and welfare, to the extent practicable using the most 
     current data, metrics, and frameworks related to current and 
     future threats, including physical and cyber attacks, 
     electromagnetic pulse attacks, geomagnetic disturbances, 
     seismic events, and severe weather and other environmental 
     stressors.
       ``(B) Resiliency-related technologies.--For purposes of 
     this paragraph, examples of resiliency-related technologies, 
     upgrades, measures, and other approaches include--
       ``(i) hardening, or other enhanced protection, of utility 
     poles, wiring, cabling, and other distribution components, 
     facilities, or structures;
       ``(ii) advanced grid technologies capable of isolating or 
     repairing problems remotely, such as advanced metering 
     infrastructure, high-tech sensors, grid monitoring and 
     control systems, and remote reconfiguration and redundancy 
     systems;
       ``(iii) cybersecurity products and components;
       ``(iv) distributed generation, including back-up generation 
     to power critical facilities and essential services, and 
     related integration components, such as advanced inverter 
     technology;
       ``(v) microgrid systems, including hybrid microgrid systems 
     for isolated communities;
       ``(vi) combined heat and power;
       ``(vii) waste heat resources;
       ``(viii) non-grid-scale energy storage technologies;
       ``(ix) wiring, cabling, and other distribution components, 
     including submersible distribution components, and 
     enclosures;
       ``(x) electronically controlled reclosers and similar 
     technologies for power restoration, including emergency 
     mobile substations, as defined in section 1105 of the North 
     American Energy Security and Infrastructure Act of 2016;
       ``(xi) advanced energy analytics technology, such as 
     Internet-based and cloud-based computing solutions and 
     subscription licensing models;
       ``(xii) measures that enhance resilience through planning, 
     preparation, response, and recovery activities;
       ``(xiii) operational capabilities to enhance resilience 
     through rapid response recovery; and
       ``(xiv) measures to ensure availability of key critical 
     components through contracts, cooperative agreements, 
     stockpiling and prepositioning, or other measures.
       ``(C) Rate recovery.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) shall consider authorizing each such electric 
     utility to recover any capital, operating expenditure, or 
     other costs of the electric utility related to the 
     procurement, deployment, or use of resiliency-related 
     technologies, including a reasonable rate of return on the 
     capital expenditures of the electric utility for the 
     procurement, deployment, or use of resiliency-related 
     technologies.
       ``(21) Promoting investments in advanced energy analytics 
     technology.--
       ``(A) In general.--Each electric utility shall develop and 
     implement a plan for deploying advanced energy analytics 
     technology.
       ``(B) Rate recovery.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) shall consider confirming and clarifying, if 
     necessary, that each such electric utility is authorized to 
     recover the costs of the electric utility relating to the 
     procurement, deployment, or use of advanced energy analytics 
     technology, including a reasonable rate of return on all such 
     costs incurred by the electric utility for the procurement, 
     deployment, or use of advanced energy analytics technology, 
     provided such technology is used by the electric utility for 
     purposes of realizing operational efficiencies, cost savings, 
     enhanced energy management and customer engagement, 
     improvements in system reliability, safety, and 
     cybersecurity, or other benefits to ratepayers.
       ``(C) Advanced energy analytics technology.--For purposes 
     of this paragraph, examples of advanced energy analytics 
     technology include Internet-based and cloud-based computing 
     solutions and subscription licensing models, including 
     software as a service that uses cyber-physical systems to 
     allow the correlation of data aggregated from appropriate 
     data sources and smart grid sensor networks, employs 
     analytics and machine learning, or employs other advanced 
     computing solutions and models.
       ``(22) Assuring electric reliability with reliable 
     generation.--
       ``(A) Assurance of electric reliability.--Each electric 
     utility shall adopt or modify policies to ensure that such 
     electric utility incorporates reliable generation into its 
     integrated resource plan to assure the availability of 
     electric energy over a 10-year planning period.
       ``(B) Reliable generation.--For purposes of this paragraph, 
     `reliable generation' means electric generation facilities 
     with reliability attributes that include--

[[Page H3126]]

       ``(i)(I) possession of adequate fuel on-site to enable 
     operation for an extended period of time;
       ``(II) the operational ability to generate electric energy 
     from more than one source; or
       ``(III) fuel certainty, through firm contractual 
     obligations (which may not be required to be for a period 
     longer than one year), that ensures adequate fuel supply to 
     enable operation, for an extended period of time, for the 
     duration of an emergency or severe weather conditions;
       ``(ii) operational characteristics that enable the 
     generation of electric energy for the duration of an 
     emergency or severe weather conditions; and
       ``(iii) unless procured through other procurement 
     mechanisms, essential reliability services, including 
     frequency support and regulation services.
       ``(23) Subsidization of customer-side technology.--
       ``(A) Consideration.--To the extent that a State regulatory 
     authority may require or allow rates charged by any electric 
     utility for which it has ratemaking authority to electric 
     consumers that do not use a customer-side technology to 
     include any cost, fee, or charge that directly or indirectly 
     cross-subsidizes the deployment, construction, maintenance, 
     or operation of that customer-side technology, such authority 
     shall evaluate whether subsidizing the deployment, 
     construction, maintenance, or operation of a customer-side 
     technology would--
       ``(i) result in benefits predominately enjoyed by only the 
     users of that customer-side technology;
       ``(ii) shift costs of a customer-side technology to 
     electricity consumers that do not use that customer-side 
     technology, particularly where disparate economic or resource 
     conditions exist among the electricity consumers cross-
     subsidizing the costumer-side technology;
       ``(iii) negatively affect resource utilization, fuel 
     diversity, or grid security;
       ``(iv) provide any unfair competitive advantage to market 
     the customer-side technology; and
       ``(v) be necessary to fulfill an obligation to serve 
     electric consumers.
       ``(B) Public notice.--Each State regulatory authority shall 
     make available to the public the evaluation completed under 
     subparagraph (A) at least 90 days prior to any proceedings in 
     which such authority considers the cross-subsidization of a 
     customer-side technology.
       ``(C) Customer-side technology.--For purposes of this 
     paragraph, the term `customer-side technology' means a device 
     connected to the electricity distribution system--
       ``(i) at, or on the customer side of, the meter; or
       ``(ii) that, if owned or operated by or on behalf of an 
     electric utility, would otherwise be at, or on the customer 
     side of, the meter.''.
       (2) Compliance.--
       (A) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after the date of enactment 
     of this paragraph, each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility, as 
     applicable, shall commence the consideration referred to in 
     section 111, or set a hearing date for consideration, with 
     respect to the standards established by paragraphs (20), 
     (22), and (23) of section 111(d).
       ``(B) Not later than 2 years after the date of the 
     enactment of this paragraph, each State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) and each nonregulated electric utility, 
     as applicable, shall complete the consideration, and shall 
     make the determination, referred to in section 111 with 
     respect to each standard established by paragraphs (20), 
     (22), and (23) of section 111(d).
       ``(8)(A) Not later than 6 months after the date of 
     enactment of this paragraph, each State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) and each nonregulated electric utility 
     shall commence the consideration referred to in section 111, 
     or set a hearing date for consideration, with respect to the 
     standard established by paragraph (21) of section 111(d).
       ``(B) Not later than 1 year after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility shall 
     complete the consideration, and shall make the determination, 
     referred to in section 111 with respect to the standard 
     established by paragraph (21) of section 111(d).''.
       (B) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding the following at the end: ``In the case 
     of the standards established by paragraphs (20) through (23) 
     of section 111(d), the reference contained in this subsection 
     to the date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of such paragraphs.''.
       (C) Prior state actions.--Section 112 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended 
     by adding at the end the following new subsection:
       ``(g) Prior State Actions.--Subsections (b) and (c) of this 
     section shall not apply to a standard established by 
     paragraph (20), (21), (22), or (23) of section 111(d) in the 
     case of any electric utility in a State if--
       ``(1) before the date of enactment of this subsection, the 
     State has implemented for such utility the standard concerned 
     (or a comparable standard);
       ``(2) the State regulatory authority for such State or 
     relevant nonregulated electric utility has conducted a 
     proceeding to consider implementation of the standard 
     concerned (or a comparable standard) for such utility during 
     the 3-year period ending on the date of enactment of this 
     subsection; or
       ``(3) the State legislature has voted on the implementation 
     of the standard concerned (or a comparable standard) for such 
     utility during the 3-year period ending on the date of 
     enactment of this subsection.''.
       (b) Coverage for Competitive Markets.--Section 102 of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2612) is amended by adding at the end the following:
       ``(d) Coverage for Competitive Markets.--The requirements 
     of this title do not apply to the operations of an electric 
     utility, or to proceedings respecting such operations, to the 
     extent that such operations or proceedings, or any portion 
     thereof, relate to the competitive sale of retail electric 
     energy that is unbundled or separated from the regulated 
     provision or sale of distribution service.''.

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

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

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

       (a) DOE Evaluation.--
       (1) In general.--The Secretary of Energy (in this section 
     referred to as the ``Secretary'') shall, in accordance with 
     this section, annually conduct an evaluation, and make 
     recommendations, with respect to each project conducted by 
     the Secretary for research, development, demonstration, or 
     deployment of carbon capture, utilization, and sequestration 
     technologies (also known as carbon capture and storage and 
     utilization technologies).
       (2) Scope.--For purposes of this section, a project 
     includes any contract, lease, cooperative agreement, or other 
     similar transaction with a public agency or private 
     organization or person, entered into or performed, or any 
     payment made, by the Secretary for research, development, 
     demonstration, or deployment of carbon capture, utilization, 
     and sequestration technologies.

[[Page H3127]]

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

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

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

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

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

     SEC. 1111. ETHANE STORAGE STUDY.

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

     SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZATION.

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

[[Page H3128]]

       (11) open-source communications, database architectures, 
     and common information model standards, guidelines, and 
     protocols that enable interoperability to maximize efficiency 
     gains and associated benefits among--
       (A) the grid;
       (B) energy and building management systems; and
       (C) residential, commercial, and industrial equipment;
       (12) private sector investment in the energy delivery 
     infrastructure of the United States through targeted 
     demonstration and validation of advanced grid technologies; 
     and
       (13) establishment of common valuation methods and tools 
     for cost-benefit analysis of grid integration paradigms.

     SEC. 1113. GRID RESILIENCE REPORT.

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

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

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

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

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

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

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

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

       ``(a) General Direction.--In order to enhance the 
     reliability of the electric grid and reduce the threat of 
     wildfires to and from electric transmission and distribution 
     rights-of-way and related facilities and adjacent property, 
     the Secretary, with respect to public lands and other lands 
     under the jurisdiction of the Secretary, and the Secretary of 
     Agriculture, with respect to National Forest System lands, 
     shall provide direction to ensure that all existing and 
     future rights-of-way, however established (including by 
     grant, special use authorization, and easement), for electric 
     transmission and distribution facilities on such lands 
     include provisions for utility vegetation management, 
     facility inspection, and operation and maintenance activities 
     that, while consistent with applicable law--
       ``(1) are developed in consultation with the holder of the 
     right-of-way;
       ``(2) enable the owner or operator of an electric 
     transmission and distribution facility to operate and 
     maintain the facility in good working order and to comply 
     with Federal, State, and local electric system reliability 
     and fire safety requirements, including reliability standards 
     established by the North American Electric Reliability 
     Corporation and plans to meet such reliability standards;
       ``(3) minimize the need for case-by-case or annual 
     approvals for--
       ``(A) routine vegetation management, facility inspection, 
     and operation and maintenance activities within existing 
     electric transmission and distribution rights-of-way; and
       ``(B) utility vegetation management activities that are 
     necessary to control hazard trees within or adjacent to 
     electric transmission and distribution rights-of-way; and
       ``(4) when review is required, provide for expedited review 
     and approval of utility vegetation management, facility 
     inspection, and operation and maintenance activities, 
     especially activities requiring prompt action to avoid an 
     adverse impact on human safety or electric reliability to 
     avoid fire hazards.
       ``(b) Vegetation Management, Facility Inspection, and 
     Operation and Maintenance Plans.--
       ``(1) Development and submission.--Consistent with 
     subsection (a), the Secretary and the Secretary of 
     Agriculture shall provide owners and operators of electric 
     transmission and distribution facilities located on lands 
     described in such subsection with the option to develop and 
     submit a vegetation management, facility inspection, and 
     operation and maintenance plan, that at each owner or 
     operator's discretion may cover some or all of the owner or 
     operator's electric transmission and distribution rights-of-
     way on Federal lands, for approval to the Secretary with 
     jurisdiction over the lands. A plan under this paragraph 
     shall enable the owner or operator of an electric 
     transmission and distribution facility, at a minimum, to 
     comply with applicable Federal, State, and local electric 
     system reliability and fire safety requirements, as provided 
     in subsection (a)(2). The Secretaries shall not have the 
     authority to modify those requirements.
       ``(2) Review and approval process.--The Secretary and the 
     Secretary of Agriculture shall jointly develop a consolidated 
     and coordinated process for review and approval of--

[[Page H3129]]

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

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

            Subtitle B--Hydropower Regulatory Modernization

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

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

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

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

     SEC. 1203. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

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

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

       ``(a) Definition.--In this section, the term `Federal 
     authorization'--
       ``(1) means any authorization required under Federal law 
     with respect to an application for a license, license 
     amendment, or exemption under this part; and

[[Page H3130]]

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

     SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.

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

     SEC. 1205. LICENSING STUDY IMPROVEMENTS.

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

     ``SEC. 35. LICENSING STUDY IMPROVEMENTS.

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

[[Page H3131]]

     tribes, may conduct or commission regional or basin-wide 
     environmental studies, with the participation of at least 2 
     applicants. Any study conducted under this subsection shall 
     apply only to a project with respect to which the applicant 
     participates.''.

     SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS.

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

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

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

     SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS.

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

     ``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.

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

       ``(I) capacity increases, efficiency improvements, or other 
     enhancements to hydropower generation at the licensed 
     project;
       ``(II) environmental protection, mitigation, or enhancement 
     measures to benefit fish and wildlife resources or other 
     natural and cultural resources; or
       ``(III) improvements to public recreation at the licensed 
     project.

       ``(b) Amendment Approval Processes.--
       ``(1) Rule.--Not later than 1 year after the date of 
     enactment of this section, the Commission shall, after notice 
     and opportunity for public comment, issue a rule establishing 
     new standards and procedures for license amendment 
     applications under this part. In issuing such rule, the 
     Commission shall seek to develop the most efficient and 
     expedient process, consultation, and review requirements, 
     commensurate with the scope of different categories of 
     proposed license amendments. Such rule shall account for 
     differences in environmental effects across a wide range of 
     categories of license amendment applications.
       ``(2) Capacity.--In issuing a rule under this subsection, 
     the Commission shall take into consideration that a change in 
     generating or hydraulic capacity may indicate the potential 
     environmental effects of a proposed amendment but is not 
     determinative of such effects.
       ``(3) Process options.--In issuing a rule under this 
     subsection, the Commission shall take into consideration the 
     range of process options available under the Commission's 
     regulations for new and original license applications and 
     adapt such options to amendment applications, where 
     appropriate.''.

[[Page H3132]]

  


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

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

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

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

                TITLE II--ENERGY SECURITY AND DIPLOMACY

     SEC. 2001. SENSE OF CONGRESS.

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

     SEC. 2002. ENERGY SECURITY VALUATION.

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

     SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN.

       (a) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy, in 
     collaboration with the Secretary of State, shall develop and 
     transmit to the Committee on Energy and Commerce and the 
     Committee on Foreign Affairs of the House of Representatives 
     and the Committee on Energy and Natural Resources and the 
     Committee on Foreign Relations of the Senate the plan 
     described in subsection (b).
       (b) Purpose.--The plan referred to in subsection (a) shall 
     include--
       (1) a recommended framework and implementation strategy 
     to--
       (A) improve planning and coordination with Canada and 
     Mexico to enhance energy integration, strengthen North 
     American energy security, and promote efficiencies in the 
     exploration, production, storage, supply, distribution, 
     marketing, pricing, and regulation of North American energy 
     resources; and

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       (B) address--
       (i) North American energy public data, statistics, and 
     mapping collaboration;
       (ii) responsible and sustainable best practices for the 
     development of unconventional oil and natural gas; and
       (iii) modern, resilient energy infrastructure for North 
     America, including physical infrastructure as well as 
     institutional infrastructure such as policies, regulations, 
     and practices relating to energy development; and
       (2) a recommended framework and implementation strategy to 
     improve collaboration with Caribbean and Central American 
     partners on energy security, including actions to support--
       (A) more open, transparent, and competitive energy markets;
       (B) regulatory capacity building;
       (C) improvements to energy transmission and storage; and
       (D) improvements to the performance of energy 
     infrastructure and efficiency.
       (c) Participation.--In developing the plan referred to in 
     subsection (a), the Secretaries may consult with other 
     Federal, State, private sector, and international 
     participants, as appropriate and consistent with applicable 
     law.

     SEC. 2004. COLLECTIVE ENERGY SECURITY.

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

     SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS.

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

     SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.

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

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

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

[[Page H3134]]

     Register notice of a proposed rulemaking to carry out the 
     applicable requirements of subsection (b); and
       (B) not later than 1 year after the date of enactment of 
     this Act, publish in the Federal Register a final rule to 
     carry out the applicable requirements of subsection (b).
       (f) Definitions.--In this section--
       (1) the term ``cross-border segment'' means the portion of 
     a liquid or natural gas pipeline or electric transmission 
     facility that is located at the national boundary of the 
     United States with either Canada or Mexico;
       (2) the terms ``Electric Reliability Organization'' and 
     ``regional entity'' have the meanings given those terms in 
     section 215 of the Federal Power Act (16 U.S.C. 824o);
       (3) the terms ``Independent System Operator'' and 
     ``Regional Transmission Organization'' have the meanings 
     given those terms in section 3 of the Federal Power Act (16 
     U.S.C. 796);
       (4) the term ``liquid'' includes water, petroleum, 
     petroleum product, and any other substance that flows through 
     a pipeline other than natural gas; and
       (5) the term ``natural gas'' has the meaning given that 
     term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

     SEC. 2008. REPORT ON SMART METER SECURITY CONCERNS.

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

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY

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

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

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

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

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

     SEC. 3112. ENERGY EFFICIENT DATA CENTERS.

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

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

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

[[Page H3135]]

       (2) a summary of energy and water savings, including short-
     term and long-term (20 years) projections of such savings.

     SEC. 3114. BATTERY STORAGE REPORT.

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

     SEC. 3115. FEDERAL PURCHASE REQUIREMENT.

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

     SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL 
                   BUILDINGS.

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

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

       ``(aa) the date of the most recent evaluation; or
       ``(bb) the date--

       ``(AA) of the most recent commissioning, recommissioning, 
     or retrocommissioning; or
       ``(BB) on which ongoing commissioning, recommissioning, or 
     retrocommissioning began; or
       ``(II) has a long-term contract in place guaranteeing 
     energy savings at least as great as the energy savings target 
     under subclause (I).
       ``(4) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the date of 
     completion of each evaluation under paragraph (3), each 
     energy manager may--
       ``(i) implement any energy- or water-saving measure that 
     the Federal agency identified in the evaluation conducted 
     under paragraph (3) that is life-cycle cost effective; and
       ``(ii) bundle individual measures of varying paybacks 
     together into combined projects.
       ``(B) Measures not implemented.--Each energy manager, as 
     part of the certification system under paragraph (7) and 
     using guidelines developed by the Secretary, shall provide an 
     explanation regarding any life-cycle cost-effective measures 
     described in subparagraph (A)(i) that have not been 
     implemented.''; and
       (D) in paragraph (7)(C), by adding at the end the 
     following:
       ``(iii) Summary report.--The Secretary shall make publicly 
     available a report that summarizes the information tracked 
     under subparagraph (B)(i) by each agency and, as applicable, 
     by each type of measure.''.

[[Page H3136]]

  


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

       (a) Definitions.--Section 303 of the Energy Conservation 
     and Production Act (42 U.S.C. 6832) is amended--
       (1) in paragraph (6), by striking ``to be constructed'' and 
     inserting ``constructed or altered''; and
       (2) by adding at the end the following:
       ``(17) Major renovation.--The term `major renovation' means 
     a modification of building energy systems sufficiently 
     extensive that the whole building can meet energy standards 
     for new buildings, based on criteria to be established by the 
     Secretary through notice and comment rulemaking.''.
       (b) Federal Building Efficiency Standards.--Section 305 of 
     the Energy Conservation and Production Act (42 U.S.C. 6834) 
     is amended--
       (1) in subsection (a)(3)--
       (A) by striking ``(3)(A) Not later than'' and all that 
     follows through the end of subparagraph (B) and inserting the 
     following:
       ``(3) Revised federal building energy efficiency 
     performance standards; certification for green buildings.--
       ``(A) Revised federal building energy efficiency 
     performance standards.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the North American Energy Security and 
     Infrastructure Act of 2016, the Secretary shall establish, by 
     rule, revised Federal building energy efficiency performance 
     standards that require that--

       ``(I) new Federal buildings and alterations and additions 
     to existing Federal buildings--

       ``(aa) meet or exceed the most recent revision of the IECC 
     (in the case of residential buildings) or ASHRAE Standard 
     90.1 (in the case of commercial buildings) as of the date of 
     enactment of the North American Energy Security and 
     Infrastructure Act of 2016; and
       ``(bb) meet or exceed the energy provisions of State and 
     local building codes applicable to the building, if the codes 
     are more stringent than the IECC or ASHRAE Standard 90.1, as 
     applicable;

       ``(II) unless demonstrated not to be life-cycle cost 
     effective for new Federal buildings and Federal buildings 
     with major renovations--

       ``(aa) the buildings be designed to achieve energy 
     consumption levels that are at least 30 percent below the 
     levels established in the version of the ASHRAE Standard or 
     the IECC, as appropriate, that is applied under subclause 
     (I)(aa), including updates under subparagraph (B); and
       ``(bb) sustainable design principles are applied to the 
     location, siting, design, and construction of all new Federal 
     buildings and replacement Federal buildings;

       ``(III) if water is used to achieve energy efficiency, 
     water conservation technologies shall be applied to the 
     extent that the technologies are life-cycle cost effective; 
     and
       ``(IV) if life-cycle cost effective, as compared to other 
     reasonably available technologies, not less than 30 percent 
     of the hot water demand for each new Federal building or 
     Federal building undergoing a major renovation be met through 
     the installation and use of solar hot water heaters.

       ``(ii) Limitation.--Clause (i)(I) shall not apply to 
     unaltered portions of existing Federal buildings and systems 
     that have been added to or altered.
       ``(B) Updates.--Not later than 1 year after the date of 
     approval of each subsequent revision of ASHRAE Standard 90.1 
     or the IECC, as appropriate, the Secretary shall determine 
     whether the revised standards established under subparagraph 
     (A) should be updated to reflect the revisions, based on the 
     energy savings and life-cycle cost effectiveness of the 
     revisions.'';
       (B) in subparagraph (C), by striking ``(C) In the budget 
     request'' and inserting the following:
       ``(C) Budget request.--In the budget request''; and
       (C) in subparagraph (D)--
       (i) by striking ``(D) Not later than'' and all that follows 
     through the end of the first sentence of clause (i)(III) and 
     inserting the following:
       ``(D) Certification for green buildings.--
       ``(i) In general.--'';
       (ii) by striking clause (ii);
       (iii) in clause (iii), by striking ``(iii) In identifying'' 
     and inserting the following:
       ``(ii) Considerations.--In identifying'';
       (iv) in clause (iv)--

       (I) by striking ``(iv) At least once'' and inserting the 
     following:

       ``(iii) Study.--At least once''; and

       (II) by striking ``clause (iii)'' and inserting ``clause 
     (ii)'';

       (v) in clause (v)--

       (I) by striking ``(v) The Secretary may'' and inserting the 
     following:

       ``(iv) Internal certification processes.--The Secretary 
     may''; and

       (II) by striking ``clause (i)(III)'' each place it appears 
     and inserting ``clause (i)'';

       (vi) in clause (vi)--

       (I) by striking ``(vi) With respect'' and inserting the 
     following:

       ``(v) Privatized military housing.--With respect''; and

       (II) by striking ``develop alternative criteria to those 
     established by subclauses (I) and (III) of clause (i) that 
     achieve an equivalent result in terms of energy savings, 
     sustainable design, and'' and inserting ``develop alternative 
     certification systems and levels than the systems and levels 
     identified under clause (i) that achieve an equivalent result 
     in terms of''; and

       (vii) in clause (vii), by striking ``(vii) In addition to'' 
     and inserting the following:
       ``(vi) Water conservation technologies.--In addition to''; 
     and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Periodic Review.--The Secretary shall--
       ``(1) every 5 years, review the Federal building energy 
     standards established under this section; and
       ``(2) on completion of a review under paragraph (1), if the 
     Secretary determines that significant energy savings would 
     result, upgrade the standards to include all new energy 
     efficiency and renewable energy measures that are 
     technologically feasible and economically justified.''.

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

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

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

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

        CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

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

       Section 324(a)(2) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294(a)(2)) is amended by adding the following at 
     the end:
       ``(J) Smart grid capability on energy guide labels.--
       ``(i) Rule.--Not later than 1 year after the date of 
     enactment of this subparagraph, the Commission shall initiate 
     a rulemaking to consider making a special note in a prominent 
     manner on any Energy Guide label for any product that 
     includes Smart Grid capability that--

       ``(I) Smart Grid capability is a feature of that product;
       ``(II) the use and value of that feature depend on the 
     Smart Grid capability of the utility system in which the 
     product is installed and the active utilization of that 
     feature by the customer; and
       ``(III) on a utility system with Smart Grid capability, the 
     use of the product's Smart Grid capability could reduce the 
     customer's cost of the product's annual operation as a result 
     of the incremental energy and electricity cost savings that 
     would result from the customer taking full advantage of such 
     Smart Grid capability.

       ``(ii) Deadline.--Not later than 3 years after the date of 
     enactment of this subparagraph, the Commission shall complete 
     the rulemaking initiated under clause (i).''.

[[Page H3137]]

  


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

        Section 326(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6296(b)) is amended by adding at the end the 
     following:
       ``(6) Voluntary verification programs for air conditioning, 
     furnace, boiler, heat pump, and water heater products.--
       ``(A) Reliance on voluntary programs.--For the purpose of 
     verifying compliance with energy conservation standards 
     established under sections 325 and 342 for covered products 
     described in paragraphs (3), (4), (5), (9), and (11) of 
     section 322(a) and covered equipment described in 
     subparagraphs (B), (C), (D), (F), (I), (J), and (K) of 
     section 340(1), the Secretary shall rely on testing conducted 
     by recognized voluntary verification programs that are 
     recognized by the Secretary in accordance with subparagraph 
     (B).
       ``(B) Recognition of voluntary verification programs.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary shall initiate 
     a negotiated rulemaking in accordance with subchapter III of 
     chapter 5 of title 5, United States Code (commonly known as 
     the `Negotiated Rulemaking Act of 1990') to develop criteria 
     that have consensus support for achieving recognition by the 
     Secretary as an approved voluntary verification program. Any 
     subsequent amendment to such criteria may be made only 
     pursuant to a subsequent negotiated rulemaking in accordance 
     with subchapter III of chapter 5 of title 5, United States 
     Code.
       ``(ii) Minimum requirements.--The criteria developed under 
     clause (i) shall, at a minimum, ensure that a voluntary 
     verification program--

       ``(I) is nationally recognized;
       ``(II) is operated by a third party and not directly 
     operated by a program participant;
       ``(III) satisfies any applicable elements of--

       ``(aa) International Organization for Standardization 
     standard numbered 17025; and
       ``(bb) any other relevant International Organization for 
     Standardization standards identified and agreed to through 
     the negotiated rulemaking under clause (i);

       ``(IV) at least annually tests independently obtained 
     products following the test procedures established under this 
     title to verify the certified rating of a representative 
     sample of products and equipment within the scope of the 
     program;
       ``(V) maintains a publicly available list of all ratings of 
     products subject to verification;
       ``(VI) requires the changing of the performance rating or 
     removal of the product or equipment from the program if 
     testing determines that the performance rating does not meet 
     the levels the manufacturer has certified to the Secretary;
       ``(VII) requires new program participants to substantiate 
     ratings through test data generated in accordance with 
     Department of Energy regulations;
       ``(VIII) allows for challenge testing of products and 
     equipment within the scope of the program;
       ``(IX) requires program participants to disclose the 
     performance rating of all covered products and equipment 
     within the scope of the program for the covered product or 
     equipment;
       ``(X) provides to the Secretary--

       ``(aa) an annual report of all test results, the contents 
     of which shall be determined through the negotiated 
     rulemaking process under clause (i); and
       ``(bb) test reports, on the request of the Secretary, that 
     note any instructions specified by the manufacturer or the 
     representative of the manufacturer for the purpose of 
     conducting the verification testing; and

       ``(XI) satisfies any additional requirements or standards 
     that the Secretary shall establish consistent with this 
     subparagraph.

       ``(iii) Cessation of recognition.--The Secretary may only 
     cease recognition of a voluntary verification program as an 
     approved program described in subparagraph (A) upon a finding 
     that the program is not meeting its obligations for 
     compliance through program review criteria developed during 
     the negotiated rulemaking conducted under subparagraph (B).
       ``(C) Administration.--
       ``(i) In general.--The Secretary shall not require--

       ``(I) manufacturers to participate in a recognized 
     voluntary verification program described in subparagraph (A); 
     or
       ``(II) participating manufacturers to provide information 
     that has already been provided to the Secretary.

       ``(ii) List of covered products.--The Secretary may 
     maintain a publicly available list of covered products and 
     equipment that distinguishes between products that are and 
     are not covered products and equipment verified through a 
     recognized voluntary verification program described in 
     subparagraph (A).
       ``(iii) Periodic verification testing.--The Secretary--

       ``(I) shall not subject products or equipment that have 
     been verification tested under a recognized voluntary 
     verification program described in subparagraph (A) to 
     periodic verification testing to verify the accuracy of the 
     certified performance rating of the products or equipment; 
     but
       ``(II) may require testing of products or equipment 
     described in subclause (I)--

       ``(aa) if the testing is necessary--
       ``(AA) to assess the overall performance of a voluntary 
     verification program;
       ``(BB) to address specific performance issues;
       ``(CC) for use in updating test procedures and standards; 
     or
       ``(DD) for other purposes consistent with this title; or
       ``(bb) if such testing is agreed to during the negotiated 
     rulemaking conducted under subparagraph (B).
       ``(D) Effect on other authority.--Nothing in this paragraph 
     limits the authority of the Secretary to enforce compliance 
     with any law.''.

     SEC. 3123. FACILITATING CONSENSUS FURNACE STANDARDS.

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

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

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

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

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

     SEC. 3126. INTERNET OF THINGS REPORT.

       The Secretary of Energy shall, not later than 18 months 
     after the date of enactment of this Act, report to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate on the efforts made to take advantage 
     of, and promote, the utilization of advanced technologies 
     such as Internet of Things end-to-end platform solutions to 
     provide real-time actionable analytics and enable predictive 
     maintenance and asset management to improve energy efficiency 
     wherever feasible. In doing so,

[[Page H3138]]

     the Secretary shall look to encourage and utilize Internet of 
     Things energy management solutions that have security tightly 
     integrated into the hardware and software from the outset. 
     The Secretary shall also encourage the use of Internet of 
     Things solutions that enable seamless connectivity and that 
     are interoperable, open standards-based, and built on a 
     repeatable foundation for ease of scalability.

     SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL.

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

     SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY.

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

       ``(I) light-emitting diodes providing illumination; or
       ``(II) organic light-emitting diodes providing 
     illumination.''.

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

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

                      CHAPTER 3--SCHOOL BUILDINGS

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

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

                    CHAPTER 4--BUILDING ENERGY CODES

     SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

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

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

       ``(a) In General.--The Secretary shall provide technical 
     assistance, as described in subsection (e), for the purposes 
     of--
       ``(1) implementation of building energy codes by States, 
     Indian tribes, and, as appropriate, by local governments, 
     that are technically feasible and cost-effective; and
       ``(2) supporting full compliance with the State, tribal, 
     and local codes.
       ``(b) State and Indian Tribe Certification of Building 
     Energy Code Updates.--
       ``(1) Review and updating of codes by each state and indian 
     tribe.--
       ``(A) In general.--Not later than 3 years after the date on 
     which a model building energy code is published, each State 
     or Indian tribe shall certify whether or not the State or 
     Indian tribe, respectively, has reviewed and updated the 
     energy provisions of the building code of the State or Indian 
     tribe, respectively.
       ``(B) Demonstration.--The certification shall include a 
     statement of whether or not the energy savings for the code 
     provisions that are in effect throughout the State or Indian 
     tribal territory meet or exceed--
       ``(i) the energy savings of the most recently published 
     model building energy code; or
       ``(ii) the targets established under section 307(b)(2).
       ``(C) No model building energy code update.--If a model 
     building energy code is not updated by a target date 
     established under section 307(b)(2)(D), each State or Indian 
     tribe shall, not later than 3 years after the specified date, 
     certify whether or not the State or Indian tribe, 
     respectively, has reviewed and updated the energy provisions 
     of the building code of the State or Indian tribe, 
     respectively, to meet or exceed the target in section 
     307(b)(2).
       ``(2) Validation by secretary.--Not later than 90 days 
     after a State or Indian tribe certification under paragraph 
     (1), the Secretary shall--
       ``(A) determine whether the code provisions of the State or 
     Indian tribe, respectively, meet the criteria specified in 
     paragraph (1);
       ``(B) determine whether the certification submitted by the 
     State or Indian tribe, respectively, is complete; and
       ``(C) if the requirements of subparagraph (B) are 
     satisfied, validate the certification.
       ``(3) Limitation.--Nothing in this section shall be 
     interpreted to require a State or Indian tribe to adopt any 
     building code or provision within a code.
       ``(c) Improvements in Compliance With Building Energy 
     Codes.--
       ``(1) Requirement.--
       ``(A) In general.--Not later than 3 years after the date of 
     a certification under subsection (b), each State and Indian 
     tribe shall certify whether or not the State or Indian tribe, 
     respectively, has--
       ``(i) achieved full compliance under paragraph (3) with the 
     applicable certified State or Indian tribe building energy 
     code or with the associated model building energy code; or

[[Page H3139]]

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

[[Page H3140]]

       ``(1) used to support actions by the Secretary, or States, 
     to promote or discourage the adoption of a particular 
     building energy code, code provision, or energy saving target 
     to a State or Indian tribe; or
       ``(2) provided to private third parties or non-governmental 
     organizations to engage in such activities.''.
       (c) Federal Building Energy Efficiency Standards.--Section 
     305 of the Energy Conservation and Production Act (42 U.S.C. 
     6834) is amended by striking ``voluntary building energy 
     code'' in subsections (a)(2)(B) and (b) and inserting ``model 
     building energy code''.
       (d) Model Building Energy Codes.--
       (1) Amendment.--Section 307 of the Energy Conservation and 
     Production Act (42 U.S.C. 6836) is amended to read as 
     follows:

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

       ``(a) In General.--The Secretary shall provide technical 
     assistance, as described in subsection (c), for updating of 
     model building energy codes.
       ``(b) Targets.--
       ``(1) In general.--The Secretary shall provide technical 
     assistance, for updating the model building energy codes.
       ``(2) Targets.--
       ``(A) In general.--The Secretary shall provide technical 
     assistance to States, Indian tribes, local governments, 
     nationally recognized code and standards developers, and 
     other interested parties for updating of model building 
     energy codes by establishing one or more aggregate energy 
     savings targets through rulemaking in accordance with section 
     553 of title 5, United States Code, to achieve the purposes 
     of this section.
       ``(B) Separate targets.--Separate targets may be 
     established for commercial and residential buildings.
       ``(C) Baselines.--The baseline for updating model building 
     energy codes shall be the 2009 IECC for residential buildings 
     and ASHRAE Standard 90.1-2010 for commercial buildings.
       ``(D) Specific years.--
       ``(i) In general.--Targets for specific years shall be 
     established and revised by the Secretary through rulemaking 
     in accordance with section 553 of title 5, United States 
     Code, and coordinated with nationally recognized code and 
     standards developers at a level that--

       ``(I) is at the maximum level of energy efficiency that is 
     technically feasible and cost effective, while accounting for 
     the economic considerations under paragraph (4); and
       ``(II) promotes the achievement of commercial and 
     residential high performance buildings through high 
     performance energy efficiency (within the meaning of section 
     401 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17061)).

       ``(ii) Initial targets.--Not later than 1 year after the 
     date of enactment of this clause, the Secretary shall 
     establish initial targets under this subparagraph.
       ``(iii) Different target years.--Subject to clause (i), 
     prior to the applicable year, the Secretary may set a later 
     target year for any of the model building energy codes 
     described in subparagraph (A) if the Secretary determines 
     that a target cannot be met.
       ``(E) Small business.--When establishing targets under this 
     paragraph through rulemaking, the Secretary shall ensure 
     compliance with the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121) 
     for any indirect economic effect on small entities that is 
     reasonably foreseeable and a result of such rule.
       ``(3) Appliance standards and other factors affecting 
     building energy use.--In establishing energy savings targets 
     under paragraph (2), the Secretary shall develop and adjust 
     the targets in recognition of potential savings and costs 
     relating to--
       ``(A) efficiency gains made in appliances, lighting, 
     windows, insulation, and building envelope sealing;
       ``(B) advancement of distributed generation and on-site 
     renewable power generation technologies;
       ``(C) equipment improvements for heating, cooling, and 
     ventilation systems and water heating systems;
       ``(D) building management systems and smart grid 
     technologies to reduce energy use; and
       ``(E) other technologies, practices, and building systems 
     regarding building plug load and other energy uses.

     In developing and adjusting the targets, the Secretary shall 
     use climate zone weighted averages for equipment efficiency 
     for heating, cooling, ventilation, and water heating systems, 
     using equipment that is actually installed.
       ``(4) Economic considerations.--In establishing and 
     revising energy savings targets under paragraph (2), the 
     Secretary shall consider the economic feasibility of 
     achieving the proposed targets established under this section 
     and the potential costs and savings for consumers and 
     building owners, by conducting a return on investment 
     analysis, using a simple payback methodology over a 3-, 5-, 
     and 7-year period. The Secretary shall not propose or provide 
     technical or financial assistance for any code, provision in 
     the code, or energy target, or amendment thereto, that has a 
     payback greater than 10 years.
       ``(c) Technical Assistance to Model Building Energy Code-
     Setting and Standard Development Organizations.--
       ``(1) In general.--The Secretary shall, on a timely basis, 
     provide technical assistance to model building energy code-
     setting and standard development organizations consistent 
     with the goals of this section.
       ``(2) Technical assistance.--The assistance shall include, 
     as requested by the organizations, technical assistance in--
       ``(A) evaluating the energy savings of building energy 
     codes;
       ``(B) assessing the economic considerations, under 
     subsection (b)(4), of code or standards proposals or 
     revisions;
       ``(C) building energy analysis and design tools;
       ``(D) energy simulation models;
       ``(E) building demonstrations;
       ``(F) developing definitions of energy use intensity and 
     building types for use in model building energy codes to 
     evaluate the efficiency impacts of the model building energy 
     codes;
       ``(G) developing a performance-based pathway for 
     compliance;
       ``(H) developing model building energy codes by Indian 
     tribes in accordance with tribal law; and
       ``(I) code development meetings, including through direct 
     Federal employee participation in committee meetings, 
     hearings and online communication, voting, and presenting 
     research and technical or economic analyses during such 
     meetings.
       ``(3) Exclusion.--Except as provided in paragraph (2)(I), 
     for purposes of this section, `technical assistance' shall 
     not include actions that promote or discourage the adoption 
     of a particular building energy code, code provision, or 
     energy savings target.
       ``(4) Information quality and transparency.--For purposes 
     of this section, information provided by the Secretary, 
     attendant to development of any energy savings targets, is 
     influential information and shall satisfy the guidelines 
     established by the Office of Management and Budget and 
     published at 67 Federal Register 8,452 (February 22, 2002).
       ``(d) Amendment Proposals.--
       ``(1) In general.--The Secretary may submit timely model 
     building energy code amendment proposals that are technically 
     feasible, cost-effective, and technology-neutral to the model 
     building energy code-setting and standard development 
     organizations, with supporting evidence, sufficient to enable 
     the model building energy codes to meet the targets 
     established under subsection (b)(2).
       ``(2) Process and factors.--All amendment proposals 
     submitted by the Secretary shall be published in the Federal 
     Register and made available on the Department of Energy 
     website 90 days prior to any submittal to a code development 
     body, and shall be subject to a public comment period of not 
     less than 60 days. Information provided by the Secretary, 
     attendant to submission of any amendment proposals, is 
     influential information and shall satisfy the guidelines 
     established by the Office of Management and Budget and 
     published at 67 Federal Register 8,452 (February 22, 2002). 
     When calculating the costs and benefits of an amendment, the 
     Secretary shall use climate zone weighted averages for 
     equipment efficiency for heating, cooling, ventilation, and 
     water heating systems, using equipment that is actually 
     installed.
       ``(e) Analysis Methodology.--The Secretary shall make 
     publicly available the entire calculation methodology 
     (including input assumptions and data) used by the Secretary 
     to estimate the energy savings of code or standard proposals 
     and revisions.
       ``(f) Methodology Development.--The Secretary shall 
     establish a methodology for evaluating cost effectiveness of 
     energy code changes in multifamily buildings that 
     incorporates economic parameters representative of typical 
     multifamily buildings.
       ``(g) Determination.--
       ``(1) Revision of model building energy codes.--If the 
     provisions of the IECC or ASHRAE Standard 90.1 regarding 
     building energy use are revised, the Secretary shall make a 
     preliminary determination not later than 90 days after the 
     date of the revision, and a final determination not later 
     than 15 months after the date of the revision, on whether or 
     not the revision--
       ``(A) improves energy efficiency in buildings compared to 
     the existing IECC or ASHRAE Standard 90.1, as applicable;
       ``(B) meets the applicable targets under subsection (b)(2); 
     and
       ``(C) is technically feasible and cost-effective.
       ``(2) Codes or standards not meeting criteria.--
       ``(A) In general.--If the Secretary makes a preliminary 
     determination under paragraph (1)(B) that a revised IECC or 
     ASHRAE Standard 90.1 does not meet the targets established 
     under subsection (b)(2), is not technically feasible, or is 
     not cost-effective, the Secretary may at the same time 
     provide technical assistance, as described in subsection (c), 
     to the International Code Council or ASHRAE, as applicable, 
     with proposed changes that would result in a model building 
     energy code or standard that meets the criteria, and with 
     supporting evidence. Proposed changes submitted by the 
     Secretary shall be published in the Federal Register and made 
     available on the Department of Energy website 90 days prior 
     to any submittal to a code development body, and shall be 
     subject to a public comment period of not less than 60 days. 
     Information provided by the Secretary, attendant to 
     submission of any amendment proposals, is influential 
     information and shall satisfy the guidelines established by 
     the Office of Management and Budget and published at 67 
     Federal Register 8,452 (February 22, 2002).
       ``(B) Incorporation of changes.--
       ``(i) In general.--On receipt of the technical assistance, 
     as described in subsection (c), the International Code 
     Council or ASHRAE, as applicable, shall, prior to the 
     Secretary making a final determination under paragraph (1), 
     have an additional 270 days to accept or reject the proposed 
     changes made by the Secretary to the model building energy 
     code or standard.
       ``(ii) Final determination.--A final determination under 
     paragraph (1) shall be on the final revised model building 
     energy code or standard.
       ``(h) Administration.--In carrying out this section, the 
     Secretary shall--

[[Page H3141]]

       ``(1) publish notice of targets, amendment proposals and 
     supporting analysis and determinations under this section in 
     the Federal Register to provide an explanation of and the 
     basis for such actions, including any supporting modeling, 
     data, assumptions, protocols, and cost-benefit analysis, 
     including return on investment;
       ``(2) provide an opportunity for public comment on targets 
     and supporting analysis and determinations under this 
     section, in accordance with section 553 of title 5, United 
     States Code; and
       ``(3) provide an opportunity for public comment on 
     amendment proposals.
       ``(i) Voluntary Codes and Standards.--Not withstanding any 
     other provision of this section, any model building code or 
     standard established under this section shall not be binding 
     on a State, local government, or Indian tribe as a matter of 
     Federal law.''.
       (2) Conforming amendment.--The item relating to section 307 
     in the table of contents for the Energy Conservation and 
     Production Act is amended to read as follows:

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

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

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

        CHAPTER 5--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

     SEC. 3151. MODIFYING PRODUCT DEFINITIONS.

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

     SEC. 3152. CLARIFYING RULEMAKING PROCEDURES.

       (a) Covered Products.--Section 325(p) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(p)) is amended--
       (1) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (5), and (6), respectively;
       (2) by inserting before paragraph (2) (as so redesignated 
     by paragraph (1) of this subsection) the following:
       ``(1) The Secretary shall provide an opportunity for public 
     input prior to the issuance of a proposed rule, seeking 
     information--
       ``(A) identifying and commenting on design options;
       ``(B) on the existence of and opportunities for voluntary 
     nonregulatory actions; and
       ``(C) identifying significant subgroups of consumers and 
     manufacturers that merit analysis.'';
       (3) in paragraph (3) (as so redesignated by paragraph (1) 
     of this subsection)--
       (A) in subparagraph (C), by striking ``and'' after 
     ``adequate;'';
       (B) in subparagraph (D), by striking ``standard.'' and 
     inserting ``standard;''; and
       (C) by adding at the end the following new subparagraphs:
       ``(E) whether the technical and economic analytical 
     assumptions, methods, and models used to justify the standard 
     to be prescribed are--
       ``(i) justified; and
       ``(ii) available and accessible for public review, 
     analysis, and use; and
       ``(F) the cumulative regulatory impacts on the 
     manufacturers of the product, taking into account--
       ``(i) other government standards affecting energy use; and
       ``(ii) other energy conservation standards affecting the 
     same manufacturers.''; and
       (4) by inserting after paragraph (3) (as so redesignated by 
     paragraph (1) of this subsection) the following:
       ``(4) Restriction on test procedure amendments.--
       ``(A) In general.--Any proposed energy conservation 
     standards rule shall be based on the final test procedure 
     which shall be used to determine compliance, and the public 
     comment period on the proposed standards shall conclude no 
     sooner than 180 days after the date of publication of a final 
     rule revising the test procedure.
       ``(B) Exception.--The Secretary may propose or prescribe an 
     amendment to the test procedures issued pursuant to section 
     323 for any type or class of covered product after the 
     issuance of a notice of proposed rulemaking to prescribe an 
     amended or new energy conservation standard for that type or 
     class of covered product, but before the issuance of a final 
     rule prescribing any such standard, if--
       ``(i) the amendments to the test procedure have consensus 
     support achieved through a rulemaking conducted in accordance 
     with the subchapter III of chapter 5 of title 5, United

[[Page H3142]]

     States Code (commonly known as the `Negotiated Rulemaking Act 
     of 1990'); or
       ``(ii) the Secretary receives a statement that is submitted 
     jointly by interested persons that are fairly representative 
     of relevant points of view (including representatives of 
     manufacturers of the type or class of covered product, 
     States, and efficiency advocates), as determined by the 
     Secretary, which contains a recommendation that a 
     supplemental notice of proposed rulemaking is not necessary 
     for the type or class of covered product.''.
       (b) Conforming Amendment.--Section 345(b)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended 
     by striking ``section 325(p)(4),'' and inserting ``section 
     325(p)(3), (4), and (6),''.

                 CHAPTER 6--ENERGY AND WATER EFFICIENCY

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

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a utility;
       (B) a municipality;
       (C) a water district; and
       (D) any other authority that provides water, wastewater, or 
     water reuse services.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (3) Smart energy and water efficiency pilot program.--The 
     term ``smart energy and water efficiency pilot program'' or 
     ``pilot program'' means the pilot program established under 
     subsection (b).
       (b) Smart Energy and Water Efficiency Pilot Program.--
       (1) In general.--The Secretary shall establish and carry 
     out a smart energy and water efficiency management pilot 
     program in accordance with this section.
       (2) Purpose.--The purpose of the smart energy and water 
     efficiency pilot program is to award grants to eligible 
     entities to demonstrate advanced and innovative technology-
     based solutions that will--
       (A) increase and improve the energy efficiency of water, 
     wastewater, and water reuse systems to help communities 
     across the United States make significant progress in 
     conserving water, saving energy, and reducing costs;
       (B) support the implementation of innovative processes and 
     the installation of advanced automated systems that provide 
     real-time data on energy and water; and
       (C) improve energy and water conservation, water quality, 
     and predictive maintenance of energy and water systems, 
     through the use of Internet-connected technologies, including 
     sensors, intelligent gateways, and security embedded in 
     hardware.
       (3) Project selection.--
       (A) In general.--The Secretary shall make competitive, 
     merit-reviewed grants under the pilot program to not less 
     than 3, but not more than 5, eligible entities.
       (B) Selection criteria.--In selecting an eligible entity to 
     receive a grant under the pilot program, the Secretary shall 
     consider--
       (i) energy and cost savings anticipated to result from the 
     project;
       (ii) the innovative nature, commercial viability, and 
     reliability of the technology to be used;
       (iii) the degree to which the project integrates next-
     generation sensors, software, hardware, analytics, and 
     management tools;
       (iv) the anticipated cost effectiveness of the pilot 
     project in terms of energy efficiency savings, water savings 
     or reuse, and infrastructure costs averted;
       (v) whether the technology can be deployed in a variety of 
     geographic regions and the degree to which the technology can 
     be implemented on a smaller or larger scale, including 
     whether the technology can be implemented by each type of 
     eligible entity;
       (vi) whether the technology has been successfully deployed 
     elsewhere;
       (vii) whether the technology is sourced from a manufacturer 
     based in the United States; and
       (viii) whether the project will be completed in 5 years or 
     less.
       (C) Applications.--
       (i) In general.--Subject to clause (ii), an eligible entity 
     seeking a grant under the pilot program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary determines to be 
     necessary.
       (ii) Contents.--An application under clause (i) shall, at a 
     minimum, include--

       (I) a description of the project;
       (II) a description of the technology to be used in the 
     project;
       (III) the anticipated results, including energy and water 
     savings, of the project;
       (IV) a comprehensive budget for the project;
       (V) the names of the project lead organization and any 
     partners;
       (VI) the number of users to be served by the project; and
       (VII) any other information that the Secretary determines 
     to be necessary to complete the review and selection of a 
     grant recipient.

       (4) Administration.--
       (A) In general.--Not later than 300 days after the date of 
     enactment of this Act, the Secretary shall select grant 
     recipients under this section.
       (B) Evaluations.--The Secretary shall annually carry out an 
     evaluation of each project for which a grant is provided 
     under this section that--
       (i) evaluates the progress and impact of the project; and
       (ii) assesses the degree to which the project is meeting 
     the goals of the pilot program.
       (C) Technical and policy assistance.--On the request of a 
     grant recipient, the Secretary shall provide technical and 
     policy assistance to the grant recipient to carry out the 
     project.
       (D) Best practices.--The Secretary shall make available to 
     the public--
       (i) a copy of each evaluation carried out under 
     subparagraph (B); and
       (ii) a description of any best practices identified by the 
     Secretary as a result of those evaluations.
       (E) Report to congress.--The Secretary shall submit to 
     Congress a report containing the results of each evaluation 
     carried out under subparagraph (B).
       (c) Funding.--To carry out this section, the Secretary is 
     authorized to use not more than $15,000,000, to the extent 
     provided in advance in appropriation Acts.

     SEC. 3162. WATERSENSE.

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

     ``SEC. 324B. WATERSENSE.

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

[[Page H3143]]

       ``(B) point-of-use water treatment devices;
       ``(C) plumbing products;
       ``(D) reuse and recycling technologies;
       ``(E) landscaping and gardening products, including 
     moisture control or water enhancing technologies;
       ``(F) xeriscaping and other landscape conversions that 
     reduce water use; and
       ``(G) new water efficient homes certified under the 
     WaterSense program.''.
       (b) Conforming Amendment.--The table of contents for the 
     Energy Policy and Conservation Act (Public Law 94-163; 42 
     U.S.C. 6201 et seq.) is amended by inserting after the item 
     relating to section 324A the following new item:

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

                       Subtitle B--Accountability

      CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

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

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

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

       ``(a) Establishment.--There is established within the 
     Commission an Office of Compliance Assistance and Public 
     Participation (referred to in this section as the `Office'). 
     The Office shall be headed by a Director.
       ``(b) Duties of Director.--
       ``(1) In general.--The Director of the Office shall promote 
     improved compliance with Commission rules and orders by--
       ``(A) making recommendations to the Commission regarding--
       ``(i) the protection of consumers;
       ``(ii) market integrity and support for the development of 
     responsible market behavior;
       ``(iii) the application of Commission rules and orders in a 
     manner that ensures that--

       ``(I) rates and charges for, or in connection with, the 
     transmission or sale of electric energy subject to the 
     jurisdiction of the Commission shall be just and reasonable 
     and not unduly discriminatory or preferential; and
       ``(II) markets for such transmission and sale of electric 
     energy are not impaired and consumers are not damaged; and

       ``(iv) the impact of existing and proposed Commission rules 
     and orders on small entities, as defined in section 601 of 
     title 5, United States Code (commonly known as the Regulatory 
     Flexibility Act);
       ``(B) providing entities subject to regulation by the 
     Commission the opportunity to obtain timely guidance for 
     compliance with Commission rules and orders; and
       ``(C) providing information to the Commission and Congress 
     to inform policy with respect to energy issues under the 
     jurisdiction of the Commission.
       ``(2) Reports and guidance.--The Director shall, as the 
     Director determines appropriate, issue reports and guidance 
     to the Commission and to entities subject to regulation by 
     the Commission, regarding market practices, proposing 
     improvements in Commission monitoring of market practices, 
     and addressing potential improvements to both industry and 
     Commission practices.
       ``(3) Outreach.--The Director shall promote improved 
     compliance with Commission rules and orders through outreach, 
     publications, and, where appropriate, direct communication 
     with entities regulated by the Commission.''.

                       CHAPTER 2--MARKET REFORMS

     SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.

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

     SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

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

                      CHAPTER 3--CODE MAINTENANCE

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

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

     SEC. 3232. REPEAL OF METHANOL STUDY.

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

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

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

     SEC. 3234. REPEAL OF WEATHERIZATION STUDY.

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

     SEC. 3235. REPEAL OF REPORT TO CONGRESS.

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

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

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

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

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

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

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

     ``SEC. 160. INSPECTOR GENERAL REVIEW.

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

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

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

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

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

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

     SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY.

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

[[Page H3144]]

  


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

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

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

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

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

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

     SEC. 3245. REPEAL OF SUBMISSION OF REPORTS.

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

     SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

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

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

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

     SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS.

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

``Sec. 201. Purposes.''; and

       (2) by striking the items relating to sections 221, 222, 
     and 241.

     SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

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

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

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

     SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

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

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

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

                        CHAPTER 4--AUTHORIZATION

     SEC. 3261 AUTHORIZATION.

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

             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

     SEC. 4001. FINDINGS.

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

     SEC. 4002. REPEAL.

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

     SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.

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

     SEC. 4004. STUDIES.

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

     SEC. 4005. SAVINGS CLAUSE.

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

[[Page H3145]]

  


     SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

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

     SEC. 4007. REPORT.

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

     SEC. 4008. REPORT TO CONGRESS.

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

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

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

                         TITLE V--OTHER MATTERS

     SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS.

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

     SEC. 5002. DEFINITIONS.

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

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

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

     SEC. 5004. TIMELY FILING.

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

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

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

     SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

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

     SEC. 5007. LEGAL STANDING.

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

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

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

     SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL.

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

     SEC. 5010. SMART METER PRIVACY RIGHTS.

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

[[Page H3146]]

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

     SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION.

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

     SEC. 5012. MODERNIZATION OF TERMS RELATING TO MINORITIES.

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

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

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

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

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

         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

     SEC. 6001. SHORT TITLE.

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

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

       (a) In General.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding at the end the following:
       ``(20) Community solar facilities.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Community solar facility.--The term `community solar 
     facility' means a solar photovoltaic system that--

       ``(I) allocates electricity to multiple individual electric 
     consumers of an electric utility;
       ``(II) has a nameplate rating of 2 megawatts or less; and
       ``(III) is--

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

[[Page H3147]]

     be a reference to the date of enactment of that paragraph 
     (20).''.

                     TITLE VII--MARINE HYDROKINETIC

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

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

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

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

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

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

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

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

     SEC. 7004. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H3148]]

     of its expiration and the first extension authorized under 
     subsection (a) shall take effect on the date of such 
     expiration.

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

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

        TITLE IX--ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT

     SEC. 9001. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.

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

     SEC. 9002. REPORT.

       Five years after the date of enactment of this Act, the 
     Secretary shall publish a comprehensive

[[Page H3149]]

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

     SEC. 9003. USE OF EXISTING FUNDS.

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

                 DIVISION B--RESILIENT FEDERAL FORESTS

     SEC. 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

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

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

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

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

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

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

       (a) Availability of Categorical Exclusion.--A categorical 
     exclusion is available to the Secretary concerned to develop 
     and carry out a salvage operation as part of the restoration 
     of National Forest System lands or public lands following a 
     catastrophic event.
       (b) Acreage Limitations.--
       (1) In general.--A salvage operation covered by the 
     categorical exclusion granted by subsection (a) may not 
     contain harvest units exceeding a total of 5,000 acres.
       (2) Harvest area.--In addition to the limitation imposed by 
     paragraph (1), the harvest units covered by the categorical 
     exclusion granted by subsection (a) may not exceed one-third 
     of the area impacted by the catastrophic event.
       (c) Additional Requirements.--
       (1) Road building.--A salvage operation covered by the 
     categorical exclusion granted by subsection (a) may not 
     include any new permanent roads. Temporary roads constructed 
     as part of the salvage operation shall be retired before the 
     end of the fifth fiscal year beginning after the completion 
     of the salvage operation.
       (2) Stream buffers.--A salvage operation covered by the 
     categorical exclusion granted by

[[Page H3150]]

     subsection (a) shall comply with the standards and guidelines 
     for stream buffers contained in the applicable forest plan 
     unless waived by the Regional Forester, in the case of 
     National Forest System lands, or the State Director of the 
     Bureau of Land Management, in the case of public lands.
       (3) Reforestation plan.--A reforestation plan shall be 
     developed under section 3 of the Act of June 9, 1930 
     (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 
     576b), as part of a salvage operation covered by the 
     categorical exclusion granted by subsection (a).

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

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

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

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

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

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

     SEC. 107. COMPLIANCE WITH FOREST PLAN.

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

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

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

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

     SEC. 202. COMPLIANCE WITH FOREST PLAN.

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

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

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

     SEC. 204. EXCLUSION OF CERTAIN LANDS.

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

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

     SEC. 301. DEFINITIONS.

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

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

       (a) Bond Required.--In the case of a forest management 
     activity developed through a collaborative process or 
     proposed by a resource advisory committee, any plaintiff or 
     plaintiffs challenging the forest management activity shall 
     be required to post a bond or other security equal to the 
     anticipated costs, expenses, and attorneys fees of the 
     Secretary concerned as defendant, as reasonably estimated by 
     the Secretary concerned. All proceedings in the action shall 
     be stayed until the required bond or security is provided.
       (b) Recovery of Litigation Costs, Expenses, and Attorneys 
     Fees.--
       (1) Motion for payment.--If the Secretary concerned 
     prevails in an action challenging a forest management 
     activity described in subsection (a), the Secretary concerned 
     shall submit to the court a motion for payment, from the bond 
     or other security posted under subsection (a) in such action, 
     of the reasonable costs, expenses, and attorneys fees 
     incurred by the Secretary concerned.
       (2) Maximum amount recovered.--The amount of costs, 
     expenses, and attorneys fees recovered by the Secretary 
     concerned under paragraph (1) as a result of prevailing in an 
     action challenging the forest management activity may not 
     exceed the amount of the bond or other security posted under 
     subsection (a) in such action.
       (3) Return of remainder.--Any funds remaining from the bond 
     or other security posted under subsection (a) after the 
     payment of costs, expenses, and attorneys fees under 
     paragraph (1) shall be returned to the plaintiff or 
     plaintiffs that posted the bond or security in the action.
       (c) Return of Bond to Prevailing Plaintiff.--
       (1) In general.--If the plaintiff ultimately prevails on 
     the merits in every action brought by the plaintiff 
     challenging a forest management activity described in 
     subsection (a), the court shall return to the plaintiff any 
     bond or security provided by the plaintiff under subsection 
     (a), plus interest from the date the bond or security was 
     provided.
       (2) Ultimately prevails on the merits.--In this subsection, 
     the phrase ``ultimately prevails

[[Page H3151]]

     on the merits'' means, in a final enforceable judgment on the 
     merits, a court rules in favor of the plaintiff on every 
     cause of action in every action brought by the plaintiff 
     challenging the forest management activity.
       (d) Effect of Settlement.--If a challenge to a forest 
     management activity described in subsection (a) for which a 
     bond or other security was provided by the plaintiff under 
     such subsection is resolved by settlement between the 
     Secretary concerned and the plaintiff, the settlement 
     agreement shall provide for sharing the costs, expenses, and 
     attorneys fees incurred by the parties.
       (e) Limitation on Certain Payments.--Notwithstanding 
     section 1304 of title 31, United States Code, no award may be 
     made under section 2412 of title 28, United States Code, and 
     no amounts may be obligated or expended from the Claims and 
     Judgment Fund of the United States Treasury to pay any fees 
     or other expenses under such sections to any plaintiff 
     related to an action challenging a forest management activity 
     described in subsection (a).

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

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

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

     SEC. 402. RESOURCE ADVISORY COMMITTEES.

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

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

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

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

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

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

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

     SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.

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

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

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

       (a) Cancellation Ceilings.--Section 604 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6591c) is 
     amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) Cancellation Ceilings.--
       ``(1) In general.--The Chief and the Director may obligate 
     funds to cover any potential cancellation or termination 
     costs for an agreement or contract under subsection (b) in 
     stages that are economically or programmatically viable.
       ``(2) Advance notice to congress of cancellation ceiling in 
     excess of $25 million.--Not later than 30 days before 
     entering into a multiyear agreement or contract under 
     subsection (b) that includes a cancellation ceiling in excess 
     of $25 million, but does not include proposed funding for the 
     costs of cancelling the agreement or contract up to such 
     cancellation

[[Page H3152]]

     ceiling, the Chief or the Director, as the case may be, shall 
     submit to the Committee on Energy and Natural Resources and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate and the Committee on Natural Resources and the 
     Committee on Agriculture of the House of Representatives a 
     written notice that includes--
       ``(A) the cancellation ceiling amounts proposed for each 
     program year in the agreement or contract;
       ``(B) the reasons why such cancellation ceiling amounts 
     were selected;
       ``(C) the extent to which the costs of contract 
     cancellation are not included in the budget for the agreement 
     or contract; and
       ``(D) an assessment of the financial risk of not including 
     budgeting for the costs of agreement or contract 
     cancellation.
       ``(3) Transmittal of notice to omb.--Not later than 14 days 
     after the date on which written notice is provided under 
     paragraph (2) with respect to an agreement or contract under 
     subsection (b), the Chief or the Director, as the case may 
     be, shall transmit a copy of the notice to the Director of 
     the Office of Management and Budget.''.
       (b) Relation to Other Laws.--Section 604(d)(5) of the 
     Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6591c(d)(5)) is amended by striking ``, the Chief may'' and 
     inserting ``and section 2(a)(1) of the Act of July 31, 1947 
     (commonly known as the Materials Act of 1947; 30 U.S.C. 
     602(a)(1)), the Chief and the Director may''.

     SEC. 502. EXCESS OFFSET VALUE.

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

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

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

     SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.

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

     SEC. 505. FIRE LIABILITY PROVISION.

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

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

     SEC. 601. DEFINITIONS.

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

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

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

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

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

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

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

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

[[Page H3153]]

     amended by section 323 of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (117 Stat. 275))'' 
     and inserting ``section 604 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6591c)''; and
       (2) in subsection (d), by striking ``subsection (b)(1), the 
     Secretary may'' and inserting ``paragraphs (1) and (4)(B) of 
     subsection (b), the Secretary shall''.

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

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

     SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

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

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

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

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

     SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

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

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

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

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

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

     SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS.

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

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

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

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

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

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

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

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

       (a) Additional Analysis and Alternatives.--To develop a 
     full range of reasonable alternatives as required by the 
     National Environmental Policy Act of 1969, the Secretary of 
     the Interior shall develop and consider in detail a reference 
     analysis and two additional alternatives as part of the 
     revisions of the resource management plans for the Bureau of 
     Land Management's Salem, Eugene, Coos Bay, Roseburg, and 
     Medford Districts and the Klamath Resource Area of the 
     Lakeview District.
       (b) Reference Analysis.--The reference analysis required by 
     subsection (a) shall measure and assume the harvest of the 
     annual growth net of natural mortality for all forested land 
     in the planning area in order to determine the maximum 
     sustained yield capacity of the forested land base and to 
     establish a baseline by which the Secretary of the Interior 
     shall measure incremental effects on the sustained yield

[[Page H3154]]

     capacity and environmental impacts from management 
     prescriptions in all other alternatives.
       (c) Additional Alternatives.--
       (1) Carbon sequestration alternative.--The Secretary of the 
     Interior shall develop and consider an additional alternative 
     with the goal of maximizing the total carbon benefits from 
     forest storage and wood product storage. To the extent 
     practicable, the analysis shall consider--
       (A) the future risks to forest carbon from wildfires, 
     insects, and disease;
       (B) the amount of carbon stored in products or in 
     landfills;
       (C) the life cycle benefits of harvested wood products 
     compared to non-renewable products; and
       (D) the energy produced from wood residues.
       (2) Sustained yield alternative.--The Secretary of the 
     Interior shall develop and consider an additional alternative 
     that produces the greater of 500 million board feet or the 
     annual net growth on the acres classified as timberland, 
     excluding any congressionally reserved areas. The projected 
     harvest levels, as nearly as practicable, shall be 
     distributed among the Districts referred to in subsection (a) 
     in the same proportion as the maximum yield capacity of each 
     such District bears to maximum yield capacity of the planning 
     area as a whole.
       (d) Additional Analysis and Public Participation.--The 
     Secretary of the Interior shall publish the reference 
     analysis and additional alternatives and analyze their 
     environmental and economic consequences in a supplemental 
     draft environmental impact statement. The draft environmental 
     impact statement and supplemental draft environmental impact 
     statement shall be made available for public comment for a 
     period of not less than 180 days. The Secretary shall respond 
     to any comments received before making a final decision 
     between all alternatives.
       (e) Rule of Construction.--Nothing in this section shall 
     affect the obligation of the Secretary of the Interior to 
     manage the timberlands as required by the Act of August 28, 
     1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j).

     SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION PROJECT.

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

         TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

     SEC. 901. WILDFIRE ON FEDERAL LANDS.

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

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

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

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

     ``SEC. 801. DEFINITIONS.

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

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

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

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

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

     SEC. 903. PROHIBITION ON TRANSFERS.

       No funds may be transferred to or from the Federal land 
     management agencies' wildfire suppression operations accounts 
     referred to in section 801(3) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act to or from

[[Page H3155]]

     any account or subactivity of the Federal land management 
     agencies, as defined in section 801(2) of such Act, that is 
     not used to cover the cost of wildfire suppression 
     operations.

                     DIVISION C--NATURAL RESOURCES

         TITLE I--WESTERN WATER AND AMERICAN FOOD SECURITY ACT

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. FINDINGS.

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

     SEC. 1003. DEFINITIONS.

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

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

     SEC. 1011. DEFINITIONS.

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

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

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

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

       (a) In General.--The Director shall use the best scientific 
     and commercial data available to implement, continuously 
     evaluate, and refine or amend, as appropriate, the reasonable 
     and prudent alternative described in the smelt biological 
     opinion, and any successor opinions or court order. The 
     Secretary shall make all significant decisions under the 
     smelt biological opinion, or any successor opinions that 
     affect Central Valley Project and State Water Project 
     operations, in writing, and shall document the significant 
     facts upon which such decisions are made, consistent with 
     section 706 of title 5, United States Code.
       (b) Increased Monitoring To Inform Real-Time Operations.--
     The Secretary shall conduct

[[Page H3156]]

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

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

     SEC. 1021. DEFINITIONS.

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

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

       (a) General Directive.--The reasonable and prudent 
     alternative described in the salmonid biological opinion 
     allows for and anticipates adjustments in Central Valley 
     Project and State Water Project operation parameters to 
     reflect the best scientific and commercial data currently 
     available, and authorizes efforts to test and evaluate 
     improvements in operations that will meet applicable 
     regulatory requirements and maximize Central Valley Project 
     and State Water Project water supplies and reliability. 
     Implementation of the reasonable and prudent alternative 
     described in the salmonid biological opinion shall be 
     adjusted accordingly as new scientific and commercial data 
     are developed. The Commissioner and the Assistant 
     Administrator shall fully utilize these authorities as 
     described below.
       (b) Annual Reviews of Certain Central Valley Project and 
     State Water Project Operations.--No later than December 31, 
     2016, and at least annually thereafter:
       (1) The Commissioner, with the assistance of the Assistant 
     Administrator, shall examine and identify adjustments to the 
     initiation of Action IV.2.3 as set forth in the Biological 
     Opinion and Conference Opinion on the Long-Term Operations of 
     the Central Valley Project and State Water Project, 
     Endangered Species Act Section 7 Consultation, issued by the 
     National Marine Fisheries Service on June 4, 2009, pertaining 
     to negative OMR flows, subject to paragraph (5).
       (2) The Commissioner, with the assistance of the Assistant 
     Administrator, shall examine and identify adjustments in the 
     timing, triggers or other operational details relating to the 
     implementation of pumping restrictions in Action IV.2.1 
     pertaining to the inflow to export ratio, subject to 
     paragraph (5).
       (3) Pursuant to the consultation and assessments carried 
     out under paragraphs (1) and (2)

[[Page H3157]]

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

[[Page H3158]]

     (RPA), the Assistant Administrator and the Commissioner shall 
     not limit OMR reverse flow to -5,000 cubic feet per second 
     unless current monitoring data indicate that this OMR flow 
     limitation is reasonably required to avoid a significant 
     negative impact on the long-term survival of a listed 
     salmonid species.
       (j) Evaluation and Implementation of Management Measures.--
     If the quantitative estimates of through-Delta survival 
     established by the Secretary for the adjustments in 
     subsection (b)(2) exceed the through-Delta survival 
     established for the RPAs, the Secretary shall evaluate and 
     implement the management measures in subsection (b)(2) as a 
     prerequisite to implementing the RPAs contained in the 
     Salmonid Biological Opinion.
       (k) Accordance With Other Law.--Consistent with section 706 
     of title 5, United States Code, decisions of the Assistant 
     Administrator and the Commissioner described in subsections 
     (b) through (j) shall be made in writing, on the basis of 
     best scientific and commercial data currently available, and 
     shall include an explanation of the data examined at the 
     connection between those data and the decisions made.

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

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

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

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

         Subtitle C--OPERATIONAL FLEXIBILITY AND DROUGHT RELIEF

     SEC. 1031. DEFINITIONS.

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

     SEC. 1032. OPERATIONAL FLEXIBILITY IN TIMES OF DROUGHT.

       (a) Water Supplies.--For the period of time such that in 
     any year that the Sacramento Valley Index is 6.5 or lower, or 
     at the request of the State of California, and until two 
     succeeding years following either of those events have been 
     completed where the final Sacramento Valley Index is 7.8 or 
     greater, the Secretaries shall provide the maximum quantity 
     of water supplies practicable to all individuals or district 
     who receive Central Valley Project water under water service 
     or repayments contracts, water rights settlement contracts, 
     exchange contracts, or refuge contracts or agreements entered 
     into prior to or after the date of enactment of this title; 
     State Water Project contractors, and any other tribe, 
     locality, water agency, or municipality in the State, by 
     approving, consistent with applicable laws (including 
     regulations), projects and operations to provide additional 
     water supplies as quickly as practicable based on available 
     information to address the emergency conditions.
       (b) Administration.--In carrying out subsection (a), the 
     Secretaries shall, consistent with applicable laws (including 
     regulations)--
       (1) issue all necessary permit decisions under the 
     authority of the Secretaries not later than 30 days after the 
     date on which the Secretaries receive a completed application 
     from the State to place and use temporary barriers or 
     operable gates in Delta channels to improve water quantity 
     and quality for the State Water Project and the Central 
     Valley Project south of Delta water contractors and other 
     water users, on the condition that the barriers or operable 
     gates--
       (A) do not result in a significant negative impact on the 
     long-term survival of listed species within the Delta and 
     provide benefits or have a neutral impact on in-Delta water 
     user water quality; and
       (B) are designed so that formal consultations under section 
     7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) are 
     not necessary;

[[Page H3159]]

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

     SEC. 1033. OPERATION OF CROSS-CHANNEL GATES.

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

     SEC. 1034. FLEXIBILITY FOR EXPORT/INFLOW RATIO.

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

     SEC. 1035. EMERGENCY ENVIRONMENTAL REVIEWS.

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

     SEC. 1036. INCREASED FLEXIBILITY FOR REGULAR PROJECT 
                   OPERATIONS.

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

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

       (a) In General.--Consistent with avoiding a significant 
     negative impact on the long-term

[[Page H3160]]

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

     SEC. 1038. EXPEDITING WATER TRANSFERS.

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

     SEC. 1039. ADDITIONAL EMERGENCY CONSULTATION.

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

     SEC. 1040. ADDITIONAL STORAGE AT NEW MELONES.

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

     SEC. 1041. REGARDING THE OPERATION OF FOLSOM RESERVOIR.

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

[[Page H3161]]

  


     SEC. 1042. APPLICANTS.

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

     SEC. 1043. SAN JOAQUIN RIVER SETTLEMENT.

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

     SEC. 1044. PROGRAM FOR WATER RESCHEDULING.

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

             Subtitle D--CALFED STORAGE FEASIBILITY STUDIES

     SEC. 1051. STUDIES.

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

     SEC. 1052. TEMPERANCE FLAT.

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

     SEC. 1053. CALFED STORAGE ACCOUNTABILITY.

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

     SEC. 1054. WATER STORAGE PROJECT CONSTRUCTION.

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

                  Subtitle E--WATER RIGHTS PROTECTIONS

     SEC. 1061. OFFSET FOR STATE WATER PROJECT.

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

     SEC. 1062. AREA OF ORIGIN PROTECTIONS.

       (a) In General.--The Secretary of the Interior is directed, 
     in the operation of the Central Valley Project, to adhere to 
     California's water rights laws governing water rights 
     priorities and to honor water rights senior to those held by 
     the United States for operation of the Central Valley 
     Project, regardless of the source of priority, including any 
     appropriative water rights initiated prior to December 19, 
     1914, as well as water

[[Page H3162]]

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

     SEC. 1063. NO REDIRECTED ADVERSE IMPACTS.

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

     SEC. 1064. ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS.

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

     SEC. 1065. EFFECT ON EXISTING OBLIGATIONS.

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

                       Subtitle F--MISCELLANEOUS

     SEC. 1071. AUTHORIZED SERVICE AREA.

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

     SEC. 1072. OVERSIGHT BOARD FOR RESTORATION FUND.

       (a) Plan; Advisory Board.--Section 3407 of the Central 
     Valley Project Improvement Act (Public Law 102-575; 106 Stat. 
     4726) is amended by adding at the end the following:
       ``(g) Plan on Expenditure of Funds.--
       ``(1) In general.--For each fiscal year, the Secretary, in 
     consultation with the Advisory Board, shall submit to 
     Congress a plan for the expenditure of all of the funds 
     deposited into the Restoration Fund during the preceding 
     fiscal year.
       ``(2) Contents.--The plan shall include an analysis of the 
     cost-effectiveness of each expenditure.
       ``(h) Advisory Board.--
       ``(1) Establishment.--There is established the Restoration 
     Fund Advisory Board (referred to in this section as the 
     `Advisory Board'), which shall be composed of 11 members 
     appointed by the Secretary.
       ``(2) Membership.--
       ``(A) In general.--The Secretary shall appoint members to 
     the Advisory Board that represent the various Central Valley 
     Project stakeholders, of whom--
       ``(i) 4 members shall be agricultural users of the Central 
     Valley Project, including at least one agricultural user from 
     north-of-the-Delta and one agricultural user from south-of-
     the-Delta;
       ``(ii) 2 members shall be municipal and industrial users of 
     the Central Valley Project, including one municipal and 
     industrial user from north-of-the-Delta and one municipal and 
     industrial user from south-of-the-Delta;
       ``(iii) 2 members shall be power contractors of the Central 
     Valley Project, including at least

[[Page H3163]]

     one power contractor from north-of-the-Delta and from south-
     of-the-Delta;
       ``(iv) 1 member shall be a representative of a Federal 
     national wildlife refuge that contracts for Central Valley 
     Project water supplies with the Bureau of Reclamation;
       ``(v) 1 member shall have expertise in the economic impacts 
     of the changes to water operations; and
       ``(vi) 1 member shall be a representative of a wildlife 
     entity that primarily focuses on waterfowl.
       ``(B) Observer.--The Secretary and the Secretary of 
     Commerce may each designate a representative to act as an 
     observer of the Advisory Board.
       ``(C) Chair.--The Secretary shall appoint 1 of the members 
     described in subparagraph (A) to serve as Chair of the 
     Advisory Board.
       ``(3) Terms.--The term of each member of the Advisory Board 
     shall be 4 years.
       ``(4) Date of appointments.--The appointment of a member of 
     the Panel shall be made not later than--
       ``(A) the date that is 120 days after the date of enactment 
     of this Act; or
       ``(B) in the case of a vacancy on the Panel described in 
     subsection (c)(2), the date that is 120 days after the date 
     on which the vacancy occurs.
       ``(5) Vacancies.--
       ``(A) In general.--A vacancy on the Panel shall be filled 
     in the manner in which the original appointment was made and 
     shall be subject to any conditions that applied with respect 
     to the original appointment.
       ``(B) Filling unexpired term.--An individual chosen to fill 
     a vacancy shall be appointed for the unexpired term of the 
     member replaced.
       ``(C) Expiration of terms.--The term of any member shall 
     not expire before the date on which the successor of the 
     member takes office.
       ``(6) Removal.--A member of the Panel may be removed from 
     office by the Secretary of the Interior.
       ``(7) Federal advisory committee act.--The Panel shall not 
     be subject to the requirements of the Federal Advisory 
     Committee Act.
       ``(8) Duties.--The duties of the Advisory Board are--
       ``(A) to meet not less frequently than semiannually to 
     develop and make recommendations to the Secretary regarding 
     priorities and spending levels on projects and programs 
     carried out under this title;
       ``(B) to ensure that any advice given or recommendation 
     made by the Advisory Board reflects the independent judgment 
     of the Advisory Board;
       ``(C) not later than December 31, 2015, and annually 
     thereafter, to submit to the Secretary and Congress the 
     recommendations under subparagraph (A); and
       ``(D) not later than December 31, 2015, and biennially 
     thereafter, to submit to Congress details of the progress 
     made in achieving the actions required under section 3406.
       ``(9) Administration.--With the consent of the appropriate 
     agency head, the Advisory Board may use the facilities and 
     services of any Federal agency.
       ``(10) Cooperation and assistance.--
       ``(A) Provision of information.--Upon request of the Panel 
     Chair for information or assistance to facilitate carrying 
     out this section, the Secretary of the Interior shall 
     promptly provide such information, unless otherwise 
     prohibited by law.
       ``(B) Space and assistance.--The Secretary of the Interior 
     shall provide the Panel with appropriate and adequate office 
     space, together with such equipment, office supplies, and 
     communications facilities and services as may be necessary 
     for the operation of the Panel, and shall provide necessary 
     maintenance services for such offices and the equipment and 
     facilities located therein.''.

     SEC. 1073. WATER SUPPLY ACCOUNTING.

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

     SEC. 1074. IMPLEMENTATION OF WATER REPLACEMENT PLAN.

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

     SEC. 1075. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.

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

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

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

     SEC. 1077. BASIN STUDIES.

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

     SEC. 1078. OPERATIONS OF THE TRINITY RIVER DIVISION.

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

[[Page H3164]]

       (2) A maximum of 453,000 acre-feet in a ``Dry'' year.
       (3) A maximum of 647,000 acre-feet in a ``Normal'' year.
       (4) A maximum of 701,000 acre-feet in a ``Wet'' year.
       (5) A maximum of 815,000 acre-feet in an ``Extremely Wet'' 
     year.

     SEC. 1079. AMENDMENT TO PURPOSES.

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

     SEC. 1080. AMENDMENT TO DEFINITION.

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

     SEC. 1081. REPORT ON RESULTS OF WATER USAGE.

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

     SEC. 1082. KLAMATH PROJECT CONSULTATION APPLICANTS.

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

                Subtitle G--Water Supply Permitting Act

     SEC. 1091. SHORT TITLE.

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

     SEC. 1092. DEFINITIONS.

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

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

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

     SEC. 1094. BUREAU RESPONSIBILITIES.

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

     SEC. 1095. COOPERATING AGENCY RESPONSIBILITIES.

       (a) Adherence to Bureau Schedule.--Upon notification of an 
     application for a qualifying project, all cooperating 
     agencies shall submit to the Bureau a timeframe under which 
     the cooperating agency reasonably considers it will be able 
     to complete its authorizing responsibilities. The Bureau 
     shall use the timeframe submitted under this subsection to 
     establish the project schedule under section 1094, and the 
     cooperating agencies shall adhere to the project schedule 
     established by the Bureau.
       (b) Environmental Record.--Cooperating agencies shall 
     submit to the Bureau all environmental review material 
     produced or compiled in the course of carrying out activities 
     required

[[Page H3165]]

     under Federal law consistent with the project schedule 
     established by the Bureau.
       (c) Data Submission.--To the extent practicable and 
     consistent with Federal law, the cooperating agencies shall 
     submit all relevant project data to the Bureau in a generally 
     accessible electronic format subject to the project schedule 
     set forth by the Bureau.

     SEC. 1096. FUNDING TO PROCESS PERMITS.

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

         Subtitle H--Bureau of Reclamation Project Streamlining

     SEC. 1101. SHORT TITLE.

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

     SEC. 1102. DEFINITIONS.

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

     SEC. 1103. ACCELERATION OF STUDIES.

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

     SEC. 1104. EXPEDITED COMPLETION OF REPORTS.

       The Secretary shall--
       (1) expedite the completion of any ongoing project study 
     initiated before the date of enactment of this Act; and
       (2) if the Secretary determines that the project is 
     justified in a completed report, proceed directly to 
     preconstruction planning, engineering,

[[Page H3166]]

     and design of the project in accordance with the Reclamation 
     Act of 1902 (32 Stat. 388), and all Acts amendatory thereof 
     or supplementary thereto.

     SEC. 1105. PROJECT ACCELERATION.

       (a) Applicability.--
       (1) In general.--This section shall apply to--
       (A) each project study that is initiated after the date of 
     enactment of this Act and for which an environmental impact 
     statement is prepared under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) the extent determined appropriate by the Secretary, to 
     other project studies initiated before the date of enactment 
     of this Act and for which an environmental review process 
     document is prepared under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (C) any project study for the development of a non-
     federally owned and operated surface water storage project 
     for which the Secretary determines there is a demonstrable 
     Federal interest and the project--
       (i) is located in a river basin where other Bureau of 
     Reclamation water projects are located;
       (ii) will create additional water supplies that support 
     Bureau of Reclamation water projects; or
       (iii) will become integrated into the operation of Bureau 
     of Reclamation water projects.
       (2) Flexibility.--Any authority granted under this section 
     may be exercised, and any requirement established under this 
     section may be satisfied, for the conduct of an environmental 
     review process for a project study, a class of project 
     studies, or a program of project studies.
       (3) List of project studies.--
       (A) In general.--The Secretary shall annually prepare, and 
     make publicly available, a list of all project studies that 
     the Secretary has determined--
       (i) meets the standards described in paragraph (1); and
       (ii) does not have adequate funding to make substantial 
     progress toward the completion of the project study.
       (B) Inclusions.--The Secretary shall include for each 
     project study on the list under subparagraph (A) a 
     description of the estimated amounts necessary to make 
     substantial progress on the project study.
       (b) Project Review Process.--
       (1) In general.--The Secretary shall develop and implement 
     a coordinated environmental review process for the 
     development of project studies.
       (2) Coordinated review.--The coordinated environmental 
     review process described in paragraph (1) shall require that 
     any review, analysis, opinion, statement, permit, license, or 
     other approval or decision issued or made by a Federal, 
     State, or local governmental agency or an Indian tribe for a 
     project study described in subsection (b) be conducted, to 
     the maximum extent practicable, concurrently with any other 
     applicable governmental agency or Indian tribe.
       (3) Timing.--The coordinated environmental review process 
     under this subsection shall be completed not later than the 
     date on which the Secretary, in consultation and concurrence 
     with the agencies identified under section 1105(d), 
     establishes with respect to the project study.
       (c) Lead Agencies.--
       (1) Joint lead agencies.--
       (A) In general.--Subject to the requirements of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the requirements of section 1506.8 of title 40, 
     Code of Federal Regulations (or successor regulations), 
     including the concurrence of the proposed joint lead agency, 
     a project sponsor may serve as the joint lead agency.
       (B) Project sponsor as joint lead agency.--A project 
     sponsor that is a State or local governmental entity may--
       (i) with the concurrence of the Secretary, serve as a joint 
     lead agency with the Federal lead agency for purposes of 
     preparing any environmental document under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       (ii) prepare any environmental review process document 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) required in support of any action or 
     approval by the Secretary if--

       (I) the Secretary provides guidance in the preparation 
     process and independently evaluates that document;
       (II) the project sponsor complies with all requirements 
     applicable to the Secretary under--

       (aa) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (bb) any regulation implementing that Act; and
       (cc) any other applicable Federal law; and

       (III) the Secretary approves and adopts the document before 
     the Secretary takes any subsequent action or makes any 
     approval based on that document, regardless of whether the 
     action or approval of the Secretary results in Federal 
     funding.

       (2) Duties.--The Secretary shall ensure that--
       (A) the project sponsor complies with all design and 
     mitigation commitments made jointly by the Secretary and the 
     project sponsor in any environmental document prepared by the 
     project sponsor in accordance with this subsection; and
       (B) any environmental document prepared by the project 
     sponsor is appropriately supplemented to address any changes 
     to the project the Secretary determines are necessary.
       (3) Adoption and use of documents.--Any environmental 
     document prepared in accordance with this subsection shall be 
     adopted and used by any Federal agency making any 
     determination related to the project study to the same extent 
     that the Federal agency could adopt or use a document 
     prepared by another Federal agency under--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) parts 1500 through 1508 of title 40, Code of Federal 
     Regulations (or successor regulations).
       (4) Roles and responsibility of lead agency.--With respect 
     to the environmental review process for any project study, 
     the Federal lead agency shall have authority and 
     responsibility--
       (A) to take such actions as are necessary and proper and 
     within the authority of the Federal lead agency to facilitate 
     the expeditious resolution of the environmental review 
     process for the project study; and
       (B) to prepare or ensure that any required environmental 
     impact statement or other environmental review document for a 
     project study required to be completed under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
     completed in accordance with this section and applicable 
     Federal law.
       (d) Participating and Cooperating Agencies.--
       (1) Identification of jurisdictional agencies.--With 
     respect to carrying out the environmental review process for 
     a project study, the Secretary shall identify, as early as 
     practicable in the environmental review process, all Federal, 
     State, and local government agencies and Indian tribes that 
     may--
       (A) have jurisdiction over the project;
       (B) be required by law to conduct or issue a review, 
     analysis, opinion, or statement for the project study; or
       (C) be required to make a determination on issuing a 
     permit, license, or other approval or decision for the 
     project study.
       (2) State authority.--If the environmental review process 
     is being implemented by the Secretary for a project study 
     within the boundaries of a State, the State, consistent with 
     State law, may choose to participate in the process and to 
     make subject to the process all State agencies that--
       (A) have jurisdiction over the project;
       (B) are required to conduct or issue a review, analysis, 
     opinion, or statement for the project study; or
       (C) are required to make a determination on issuing a 
     permit, license, or other approval or decision for the 
     project study.
       (3) Invitation.--
       (A) In general.--The Federal lead agency shall invite, as 
     early as practicable in the environmental review process, any 
     agency identified under paragraph (1) to become a 
     participating or cooperating agency, as applicable, in the 
     environmental review process for the project study.
       (B) Deadline.--An invitation to participate issued under 
     subparagraph (A) shall set a deadline by which a response to 
     the invitation shall be submitted, which may be extended by 
     the Federal lead agency for good cause.
       (4) Procedures.--Section 1501.6 of title 40, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the Bureau of Reclamation Project Streamlining Act) shall 
     govern the identification and the participation of a 
     cooperating agency.
       (5) Federal cooperating agencies.--Any Federal agency that 
     is invited by the Federal lead agency to participate in the 
     environmental review process for a project study shall be 
     designated as a cooperating agency by the Federal lead agency 
     unless the invited agency informs the Federal lead agency, in 
     writing, by the deadline specified in the invitation that the 
     invited agency--
       (A)(i) has no jurisdiction or authority with respect to the 
     project;
       (ii) has no expertise or information relevant to the 
     project; or
       (iii) does not have adequate funds to participate in the 
     project; and
       (B) does not intend to submit comments on the project.
       (6) Administration.--A participating or cooperating agency 
     shall comply with this section and any schedule established 
     under this section.
       (7) Effect of designation.--Designation as a participating 
     or cooperating agency under this subsection shall not imply 
     that the participating or cooperating agency--
       (A) supports a proposed project; or
       (B) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the project.
       (8) Concurrent reviews.--Each participating or cooperating 
     agency shall--
       (A) carry out the obligations of that agency under other 
     applicable law concurrently and in conjunction with the 
     required environmental review process, unless doing so would 
     prevent the participating or cooperating agency from 
     conducting needed analysis or otherwise carrying out those 
     obligations; and
       (B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.
       (e) Non-Federal Projects Integrated Into Reclamation 
     Systems.--The Federal lead agency shall serve in that 
     capacity for the entirety of all non-Federal projects that 
     will be integrated into a larger system owned, operated or 
     administered in whole or in part by the Bureau of 
     Reclamation.
       (f) Non-Federal Project.--If the Secretary determines that 
     a project can be expedited by a non-Federal sponsor and that 
     there is a demonstrable Federal interest in expediting that 
     project, the Secretary shall take such actions as are 
     necessary to advance such a project as a non-Federal project, 
     including, but not limited to, entering into agreements with 
     the non-Federal sponsor of such project to support the 
     planning, design and permitting of such project as a non-
     Federal project.
       (g) Programmatic Compliance.--
       (1) In general.--The Secretary shall issue guidance 
     regarding the use of programmatic approaches to carry out the 
     environmental review process that--

[[Page H3167]]

       (A) eliminates repetitive discussions of the same issues;
       (B) focuses on the actual issues ripe for analyses at each 
     level of review;
       (C) establishes a formal process for coordinating with 
     participating and cooperating agencies, including the 
     creation of a list of all data that are needed to carry out 
     an environmental review process; and
       (D) complies with--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ii) all other applicable laws.
       (2) Requirements.--In carrying out paragraph (1), the 
     Secretary shall--
       (A) as the first step in drafting guidance under that 
     paragraph, consult with relevant Federal, State, and local 
     governmental agencies, Indian tribes, and the public on the 
     appropriate use and scope of the programmatic approaches;
       (B) emphasize the importance of collaboration among 
     relevant Federal, State, and local governmental agencies, and 
     Indian tribes in undertaking programmatic reviews, especially 
     with respect to including reviews with a broad geographical 
     scope;
       (C) ensure that the programmatic reviews--
       (i) promote transparency, including of the analyses and 
     data used in the environmental review process, the treatment 
     of any deferred issues raised by Federal, State, and local 
     governmental agencies, Indian tribes, or the public, and the 
     temporal and special scales to be used to analyze those 
     issues;
       (ii) use accurate and timely information in the 
     environmental review process, including--

       (I) criteria for determining the general duration of the 
     usefulness of the review; and
       (II) the timeline for updating any out-of-date review;

       (iii) describe--

       (I) the relationship between programmatic analysis and 
     future tiered analysis; and
       (II) the role of the public in the creation of future 
     tiered analysis; and

       (iv) are available to other relevant Federal, State, and 
     local governmental agencies, Indian tribes, and the public;
       (D) allow not fewer than 60 days of public notice and 
     comment on any proposed guidance; and
       (E) address any comments received under subparagraph (D).
       (h) Coordinated Reviews.--
       (1) Coordination plan.--
       (A) Establishment.--The Federal lead agency shall, after 
     consultation with and with the concurrence of each 
     participating and cooperating agency and the project sponsor 
     or joint lead agency, as applicable, establish a plan for 
     coordinating public and agency participation in, and comment 
     on, the environmental review process for a project study or a 
     category of project studies.
       (B) Schedule.--
       (i) In general.--As soon as practicable but not later than 
     45 days after the close of the public comment period on a 
     draft environmental impact statement, the Federal lead 
     agency, after consultation with and the concurrence of each 
     participating and cooperating agency and the project sponsor 
     or joint lead agency, as applicable, shall establish, as part 
     of the coordination plan established in subparagraph (A), a 
     schedule for completion of the environmental review process 
     for the project study.
       (ii) Factors for consideration.--In establishing a 
     schedule, the Secretary shall consider factors such as--

       (I) the responsibilities of participating and cooperating 
     agencies under applicable laws;
       (II) the resources available to the project sponsor, joint 
     lead agency, and other relevant Federal and State agencies, 
     as applicable;
       (III) the overall size and complexity of the project;
       (IV) the overall schedule for and cost of the project; and
       (V) the sensitivity of the natural and historical resources 
     that could be affected by the project.

       (iii) Modifications.--The Secretary may--

       (I) lengthen a schedule established under clause (i) for 
     good cause; and
       (II) shorten a schedule only with concurrence of the 
     affected participating and cooperating agencies and the 
     project sponsor or joint lead agency, as applicable.

       (iv) Dissemination.--A copy of a schedule established under 
     clause (i) shall be--

       (I) provided to each participating and cooperating agency 
     and the project sponsor or joint lead agency, as applicable; 
     and
       (II) made available to the public.

       (2) Comment deadlines.--The Federal lead agency shall 
     establish the following deadlines for comment during the 
     environmental review process for a project study:
       (A) Draft environmental impact statements.--For comments by 
     Federal and State agencies and the public on a draft 
     environmental impact statement, a period of not more than 60 
     days after publication in the Federal Register of notice of 
     the date of public availability of the draft environmental 
     impact statement, unless--
       (i) a different deadline is established by agreement of the 
     Federal lead agency, the project sponsor or joint lead 
     agency, as applicable, and all participating and cooperating 
     agencies; or
       (ii) the deadline is extended by the Federal lead agency 
     for good cause.
       (B) Other environmental review processes.--For all other 
     comment periods established by the Federal lead agency for 
     agency or public comments in the environmental review 
     process, a period of not more than 30 days after the date on 
     which the materials on which comment is requested are made 
     available, unless--
       (i) a different deadline is established by agreement of the 
     Federal lead agency, the project sponsor, or joint lead 
     agency, as applicable, and all participating and cooperating 
     agencies; or
       (ii) the deadline is extended by the Federal lead agency 
     for good cause.
       (3) Deadlines for decisions under other laws.--In any case 
     in which a decision under any Federal law relating to a 
     project study, including the issuance or denial of a permit 
     or license, is required to be made by the date described in 
     subsection (i)(5)(B), the Secretary shall submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate--
       (A) as soon as practicable after the 180-day period 
     described in subsection (i)(5)(B), an initial notice of the 
     failure of the Federal agency to make the decision; and
       (B) every 60 days thereafter until such date as all 
     decisions of the Federal agency relating to the project study 
     have been made by the Federal agency, an additional notice 
     that describes the number of decisions of the Federal agency 
     that remain outstanding as of the date of the additional 
     notice.
       (4) Involvement of the public.--Nothing in this subsection 
     reduces any time period provided for public comment in the 
     environmental review process under applicable Federal law 
     (including regulations).
       (5) Transparency reporting.--
       (A) Reporting requirements.--Not later than 1 year after 
     the date of enactment of this Act, the Secretary shall 
     establish and maintain an electronic database and, in 
     coordination with other Federal and State agencies, issue 
     reporting requirements to make publicly available the status 
     and progress with respect to compliance with applicable 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and any other Federal, State, or 
     local approval or action required for a project study for 
     which this section is applicable.
       (B) Project study transparency.--Consistent with the 
     requirements established under subparagraph (A), the 
     Secretary shall make publicly available the status and 
     progress of any Federal, State, or local decision, action, or 
     approval required under applicable laws for each project 
     study for which this section is applicable.
       (i) Issue Identification and Resolution.--
       (1) Cooperation.--The Federal lead agency, the cooperating 
     agencies, and any participating agencies shall work 
     cooperatively in accordance with this section to identify and 
     resolve issues that could delay completion of the 
     environmental review process or result in the denial of any 
     approval required for the project study under applicable 
     laws.
       (2) Federal lead agency responsibilities.--
       (A) In general.--The Federal lead agency shall make 
     information available to the cooperating agencies and 
     participating agencies as early as practicable in the 
     environmental review process regarding the environmental and 
     socioeconomic resources located within the project area and 
     the general locations of the alternatives under 
     consideration.
       (B) Data sources.--The information under subparagraph (A) 
     may be based on existing data sources, including geographic 
     information systems mapping.
       (3) Cooperating and participating agency 
     responsibilities.--Based on information received from the 
     Federal lead agency, cooperating and participating agencies 
     shall identify, as early as practicable, any issues of 
     concern regarding the potential environmental or 
     socioeconomic impacts of the project, including any issues 
     that could substantially delay or prevent an agency from 
     granting a permit or other approval that is needed for the 
     project study.
       (4) Accelerated issue resolution and elevation.--
       (A) In general.--On the request of a participating or 
     cooperating agency or project sponsor, the Secretary shall 
     convene an issue resolution meeting with the relevant 
     participating and cooperating agencies and the project 
     sponsor or joint lead agency, as applicable, to resolve 
     issues that may--
       (i) delay completion of the environmental review process; 
     or
       (ii) result in denial of any approval required for the 
     project study under applicable laws.
       (B) Meeting date.--A meeting requested under this paragraph 
     shall be held not later than 21 days after the date on which 
     the Secretary receives the request for the meeting, unless 
     the Secretary determines that there is good cause to extend 
     that deadline.
       (C) Notification.--On receipt of a request for a meeting 
     under this paragraph, the Secretary shall notify all relevant 
     participating and cooperating agencies of the request, 
     including the issue to be resolved and the date for the 
     meeting.
       (D) Elevation of issue resolution.--If a resolution cannot 
     be achieved within the 30-day period beginning on the date of 
     a meeting under this paragraph and a determination is made by 
     the Secretary that all information necessary to resolve the 
     issue has been obtained, the Secretary shall forward the 
     dispute to the heads of the relevant agencies for resolution.
       (E) Convention by secretary.--The Secretary may convene an 
     issue resolution meeting under this paragraph at any time, at 
     the discretion of the Secretary, regardless of whether a 
     meeting is requested under subparagraph (A).
       (5) Financial penalty provisions.--
       (A) In general.--A Federal jurisdictional agency shall 
     complete any required approval or decision for the 
     environmental review process on an expeditious basis using 
     the shortest existing applicable process.
       (B) Failure to decide.--
       (i) In general.--

       (I) Transfer of funds.--If a Federal jurisdictional agency 
     fails to render a decision required under any Federal law 
     relating to a project study that requires the preparation of 
     an environmental impact statement or environmental

[[Page H3168]]

     assessment, including the issuance or denial of a permit, 
     license, statement, opinion, or other approval by the date 
     described in clause (ii), the amount of funds made available 
     to support the office of the head of the Federal 
     jurisdictional agency shall be reduced by an amount of 
     funding equal to the amount specified in item (aa) or (bb) of 
     subclause (II), and those funds shall be made available to 
     the division of the Federal jurisdictional agency charged 
     with rendering the decision by not later than 1 day after the 
     applicable date under clause (ii), and once each week 
     thereafter until a final decision is rendered, subject to 
     subparagraph (C).
       (II) Amount to be transferred.--The amount referred to in 
     subclause (I) is--

       (aa) $20,000 for any project study requiring the 
     preparation of an environmental assessment or environmental 
     impact statement; or
       (bb) $10,000 for any project study requiring any type of 
     review under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) other than an environmental 
     assessment or environmental impact statement.
       (ii) Description of date.--The date referred to in clause 
     (i) is the later of--

       (I) the date that is 180 days after the date on which an 
     application for the permit, license, or approval is complete; 
     and
       (II) the date that is 180 days after the date on which the 
     Federal lead agency issues a decision on the project under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).

       (C) Limitations.--
       (i) In general.--No transfer of funds under subparagraph 
     (B) relating to an individual project study shall exceed, in 
     any fiscal year, an amount equal to 1 percent of the funds 
     made available for the applicable agency office.
       (ii) Failure to decide.--The total amount transferred in a 
     fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 5 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       (iii) Aggregate.--Notwithstanding any other provision of 
     law, for each fiscal year, the aggregate amount of financial 
     penalties assessed against each applicable agency office 
     under this Act and any other Federal law as a result of a 
     failure of the agency to make a decision by an applicable 
     deadline for environmental review, including the total amount 
     transferred under this paragraph, shall not exceed an amount 
     equal to 9.5 percent of the funds made available for the 
     agency office for that fiscal year.
       (D) Notification of transfers.--Not later than 10 days 
     after the last date in a fiscal year on which funds of the 
     Federal jurisdictional agency may be transferred under 
     subparagraph (B)(5) with respect to an individual decision, 
     the agency shall submit to the appropriate committees of the 
     House of Representatives and the Senate written notification 
     that includes a description of--
       (i) the decision;
       (ii) the project study involved;
       (iii) the amount of each transfer under subparagraph (B) in 
     that fiscal year relating to the decision;
       (iv) the total amount of all transfers under subparagraph 
     (B) in that fiscal year relating to the decision; and
       (v) the total amount of all transfers of the agency under 
     subparagraph (B) in that fiscal year.
       (E) No fault of agency.--
       (i) In general.--A transfer of funds under this paragraph 
     shall not be made if the applicable agency described in 
     subparagraph (A) notifies, with a supporting explanation, the 
     Federal lead agency, cooperating agencies, and project 
     sponsor, as applicable, that--

       (I) the agency has not received necessary information or 
     approvals from another entity in a manner that affects the 
     ability of the agency to meet any requirements under Federal, 
     State, or local law;
       (II) significant new information, including from public 
     comments, or circumstances, including a major modification to 
     an aspect of the project, requires additional analysis for 
     the agency to make a decision on the project application; or
       (III) the agency lacks the financial resources to complete 
     the review under the scheduled timeframe, including a 
     description of the number of full-time employees required to 
     complete the review, the amount of funding required to 
     complete the review, and a justification as to why not enough 
     funding is available to complete the review by the deadline.

       (ii) Lack of financial resources.--If the agency provides 
     notice under clause (i)(III), the Inspector General of the 
     agency shall--

       (I) conduct a financial audit to review the notice; and
       (II) not later than 90 days after the date on which the 
     review described in subclause (I) is completed, submit to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate the results of the audit conducted 
     under subclause (I).

       (F) Limitation.--The Federal agency from which funds are 
     transferred pursuant to this paragraph shall not reprogram 
     funds to the office of the head of the agency, or equivalent 
     office, to reimburse that office for the loss of the funds.
       (G) Effect of paragraph.--Nothing in this paragraph affects 
     or limits the application of, or obligation to comply with, 
     any Federal, State, local, or tribal law.
       (j) Memorandum of Agreements for Early Coordination.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) the Secretary and other Federal agencies with relevant 
     jurisdiction in the environmental review process should 
     cooperate with each other, State and local agencies, and 
     Indian tribes on environmental review and Bureau of 
     Reclamation project delivery activities at the earliest 
     practicable time to avoid delays and duplication of effort 
     later in the process, prevent potential conflicts, and ensure 
     that planning and project development decisions reflect 
     environmental values; and
       (B) the cooperation referred to in subparagraph (A) should 
     include the development of policies and the designation of 
     staff that advise planning agencies and project sponsors of 
     studies or other information foreseeably required for later 
     Federal action and early consultation with appropriate State 
     and local agencies and Indian tribes.
       (2) Technical assistance.--If requested at any time by a 
     State or project sponsor, the Secretary and other Federal 
     agencies with relevant jurisdiction in the environmental 
     review process, shall, to the maximum extent practicable and 
     appropriate, as determined by the agencies, provide technical 
     assistance to the State or project sponsor in carrying out 
     early coordination activities.
       (3) Memorandum of agency agreement.--If requested at any 
     time by a State or project sponsor, the Federal lead agency, 
     in consultation with other Federal agencies with relevant 
     jurisdiction in the environmental review process, may 
     establish memoranda of agreement with the project sponsor, 
     Indian tribes, State and local governments, and other 
     appropriate entities to carry out the early coordination 
     activities, including providing technical assistance in 
     identifying potential impacts and mitigation issues in an 
     integrated fashion.
       (k) Limitations.--Nothing in this section preempts or 
     interferes with--
       (1) any obligation to comply with the provisions of any 
     Federal law, including--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) any other Federal environmental law;
       (2) the reviewability of any final Federal agency action in 
     a court of the United States or in the court of any State;
       (3) any requirement for seeking, considering, or responding 
     to public comment; or
       (4) any power, jurisdiction, responsibility, duty, or 
     authority that a Federal, State, or local governmental 
     agency, Indian tribe, or project sponsor has with respect to 
     carrying out a project or any other provision of law 
     applicable to projects.
       (l) Timing of Claims.--
       (1) Timing.--
       (A) In general.--Notwithstanding any other provision of 
     law, a claim arising under Federal law seeking judicial 
     review of a permit, license, or other approval issued by a 
     Federal agency for a project study shall be barred unless the 
     claim is filed not later than 3 years after publication of a 
     notice in the Federal Register announcing that the permit, 
     license, or other approval is final pursuant to the law under 
     which the agency action is taken, unless a shorter time is 
     specified in the Federal law that allows judicial review.
       (B) Applicability.--Nothing in this subsection creates a 
     right to judicial review or places any limit on filing a 
     claim that a person has violated the terms of a permit, 
     license, or other approval.
       (2) New information.--
       (A) In general.--The Secretary shall consider new 
     information received after the close of a comment period if 
     the information satisfies the requirements for a supplemental 
     environmental impact statement under title 40, Code of 
     Federal Regulations (including successor regulations).
       (B) Separate action.--The preparation of a supplemental 
     environmental impact statement or other environmental 
     document, if required under this section, shall be considered 
     a separate final agency action and the deadline for filing a 
     claim for judicial review of the action shall be 3 years 
     after the date of publication of a notice in the Federal 
     Register announcing the action relating to such supplemental 
     environmental impact statement or other environmental 
     document.
       (m) Categorical Exclusions.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (A) survey the use by the Bureau of Reclamation of 
     categorical exclusions in projects since 2005;
       (B) publish a review of the survey that includes a 
     description of--
       (i) the types of actions that were categorically excluded 
     or could be the basis for developing a new categorical 
     exclusion; and
       (ii) any requests previously received by the Secretary for 
     new categorical exclusions; and
       (C) solicit requests from other Federal agencies and 
     project sponsors for new categorical exclusions.
       (2) New categorical exclusions.--Not later than 1 year 
     after the date of enactment of this Act, if the Secretary has 
     identified a category of activities that merit establishing a 
     categorical exclusion that did not exist on the day before 
     the date of enactment this Act based on the review under 
     paragraph (1), the Secretary shall publish a notice of 
     proposed rulemaking to propose that new categorical 
     exclusion, to the extent that the categorical exclusion meets 
     the criteria for a categorical exclusion under section 1508.4 
     of title 40, Code of Federal Regulations (or successor 
     regulation).
       (n) Review of Project Acceleration Reforms.--
       (1) In general.--The Comptroller General of the United 
     States shall--
       (A) assess the reforms carried out under this section; and
       (B) not later than 5 years and not later than 10 years 
     after the date of enactment of this Act, submit to the 
     Committee on Natural Resources

[[Page H3169]]

     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate a report that describes 
     the results of the assessment.
       (2) Contents.--The reports under paragraph (1) shall 
     include an evaluation of impacts of the reforms carried out 
     under this section on--
       (A) project delivery;
       (B) compliance with environmental laws; and
       (C) the environmental impact of projects.
       (o) Performance Measurement.--The Secretary shall establish 
     a program to measure and report on progress made toward 
     improving and expediting the planning and environmental 
     review process.
       (p) Categorical Exclusions in Emergencies.--For the repair, 
     reconstruction, or rehabilitation of a Bureau of Reclamation 
     surface water storage project that is in operation or under 
     construction when damaged by an event or incident that 
     results in a declaration by the President of a major disaster 
     or emergency pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     the Secretary shall treat such repair, reconstruction, or 
     rehabilitation activity as a class of action categorically 
     excluded from the requirements relating to environmental 
     assessments or environmental impact statements under section 
     1508.4 of title 40, Code of Federal Regulations (or successor 
     regulations), if the repair or reconstruction activity is--
       (1) in the same location with the same capacity, 
     dimensions, and design as the original Bureau of Reclamation 
     surface water storage project as before the declaration 
     described in this section; and
       (2) commenced within a 2-year period beginning on the date 
     of a declaration described in this subsection.

     SEC. 1106. ANNUAL REPORT TO CONGRESS.

       (a) In General.--Not later than February 1 of each year, 
     the Secretary shall develop and submit to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate an 
     annual report, to be entitled ``Report to Congress on Future 
     Water Project Development'', that identifies the following:
       (1) Project reports.--Each project report that meets the 
     criteria established in subsection (c)(1)(A).
       (2) Proposed project studies.--Any proposed project study 
     submitted to the Secretary by a non-Federal interest pursuant 
     to subsection (b) that meets the criteria established in 
     subsection (c)(1)(A).
       (3) Proposed modifications.--Any proposed modification to 
     an authorized water project or project study that meets the 
     criteria established in subsection (c)(1)(A) that--
       (A) is submitted to the Secretary by a non-Federal interest 
     pursuant to subsection (b); or
       (B) is identified by the Secretary for authorization.
       (4) Expedited completion of report and determinations.--Any 
     project study that was expedited and any Secretarial 
     determinations under section 1104.
       (b) Requests for Proposals.--
       (1) Publication.--Not later than May 1 of each year, the 
     Secretary shall publish in the Federal Register a notice 
     requesting proposals from non-Federal interests for proposed 
     project studies and proposed modifications to authorized 
     projects and project studies to be included in the annual 
     report.
       (2) Deadline for requests.--The Secretary shall include in 
     each notice required by this subsection a requirement that 
     non-Federal interests submit to the Secretary any proposals 
     described in paragraph (1) by not later than 120 days after 
     the date of publication of the notice in the Federal Register 
     in order for the proposals to be considered for inclusion in 
     the annual report.
       (3) Notification.--On the date of publication of each 
     notice required by this subsection, the Secretary shall--
       (A) make the notice publicly available, including on the 
     Internet; and
       (B) provide written notification of the publication to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (c) Contents.--
       (1) Project reports, proposed project studies, and proposed 
     modifications.--
       (A) Criteria for inclusion in report.--The Secretary shall 
     include in the annual report only those project reports, 
     proposed project studies, and proposed modifications to 
     authorized projects and project studies that--
       (i) are related to the missions and authorities of the 
     Bureau of Reclamation;
       (ii) require specific congressional authorization, 
     including by an Act of Congress;
       (iii) have not been congressionally authorized;
       (iv) have not been included in any previous annual report; 
     and
       (v) if authorized, could be carried out by the Bureau of 
     Reclamation.
       (B) Description of benefits.--
       (i) Description.--The Secretary shall describe in the 
     annual report, to the extent applicable and practicable, for 
     each proposed project study and proposed modification to an 
     authorized water resources development project or project 
     study included in the annual report, the benefits, as 
     described in clause (ii), of each such study or proposed 
     modification.
       (ii) Benefits.--The benefits (or expected benefits, in the 
     case of a proposed project study) described in this clause 
     are benefits to--

       (I) the protection of human life and property;
       (II) improvement to domestic irrigated water and power 
     supplies;
       (III) the national economy;
       (IV) the environment; or
       (V) the national security interests of the United States.

       (C) Identification of other factors.--The Secretary shall 
     identify in the annual report, to the extent practicable--
       (i) for each proposed project study included in the annual 
     report, the non-Federal interest that submitted the proposed 
     project study pursuant to subsection (b); and
       (ii) for each proposed project study and proposed 
     modification to a project or project study included in the 
     annual report, whether the non-Federal interest has 
     demonstrated--

       (I) that local support exists for the proposed project 
     study or proposed modification to an authorized project or 
     project study (including the surface water storage 
     development project that is the subject of the proposed 
     feasibility study or the proposed modification to an 
     authorized project study); and
       (II) the financial ability to provide the required non-
     Federal cost share.

       (2) Transparency.--The Secretary shall include in the 
     annual report, for each project report, proposed project 
     study, and proposed modification to a project or project 
     study included under paragraph (1)(A)--
       (A) the name of the associated non-Federal interest, 
     including the name of any non-Federal interest that has 
     contributed, or is expected to contribute, a non-Federal 
     share of the cost of--
       (i) the project report;
       (ii) the proposed project study;
       (iii) the authorized project study for which the 
     modification is proposed; or
       (iv) construction of--

       (I) the project that is the subject of--

       (aa) the water report;
       (bb) the proposed project study; or
       (cc) the authorized project study for which a modification 
     is proposed; or

       (II) the proposed modification to a project;

       (B) a letter or statement of support for the water report, 
     proposed project study, or proposed modification to a project 
     or project study from each associated non-Federal interest;
       (C) the purpose of the feasibility report, proposed 
     feasibility study, or proposed modification to a project or 
     project study;
       (D) an estimate, to the extent practicable, of the Federal, 
     non-Federal, and total costs of--
       (i) the proposed modification to an authorized project 
     study; and
       (ii) construction of--

       (I) the project that is the subject of--

       (aa) the project report; or
       (bb) the authorized project study for which a modification 
     is proposed, with respect to the change in costs resulting 
     from such modification; or

       (II) the proposed modification to an authorized project; 
     and

       (E) an estimate, to the extent practicable, of the monetary 
     and nonmonetary benefits of--
       (i) the project that is the subject of--

       (I) the project report; or
       (II) the authorized project study for which a modification 
     is proposed, with respect to the benefits of such 
     modification; or

       (ii) the proposed modification to an authorized project.
       (3) Certification.--The Secretary shall include in the 
     annual report a certification stating that each feasibility 
     report, proposed feasibility study, and proposed modification 
     to a project or project study included in the annual report 
     meets the criteria established in paragraph (1)(A).
       (4) Appendix.--The Secretary shall include in the annual 
     report an appendix listing the proposals submitted under 
     subsection (b) that were not included in the annual report 
     under paragraph (1)(A) and a description of why the Secretary 
     determined that those proposals did not meet the criteria for 
     inclusion under such paragraph.
       (d) Special Rule for Initial Annual Report.--
     Notwithstanding any other deadlines required by this section, 
     the Secretary shall--
       (1) not later than 60 days after the date of enactment of 
     this Act, publish in the Federal Register a notice required 
     by subsection (b)(1); and
       (2) include in such notice a requirement that non-Federal 
     interests submit to the Secretary any proposals described in 
     subsection (b)(1) by not later than 120 days after the date 
     of publication of such notice in the Federal Register in 
     order for such proposals to be considered for inclusion in 
     the first annual report developed by the Secretary under this 
     section.
       (e) Publication.--Upon submission of an annual report to 
     Congress, the Secretary shall make the annual report publicly 
     available, including through publication on the Internet.
       (f) Definition.--In this section, the term ``project 
     report'' means a final feasibility report developed under the 
     Reclamation Act of 1902 (32 Stat. 388), and all Acts 
     amendatory thereof or supplementary thereto.

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

     SEC. 1111. SHORT TITLE.

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

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

       (a) Conversion and Prepayment of Contracts.--
       (1) Conversion.--Upon request of the contractor, the 
     Secretary of the Interior shall convert any water service 
     contract in effect on the date of enactment of this Act and 
     between the United States and a water users' association to 
     allow for prepayment of the repayment contract pursuant to 
     paragraph (2) under mutually agreeable terms and conditions. 
     The manner of conversion under this paragraph shall be as 
     follows:
       (A) Water service contracts that were entered into under 
     section 9(e) of the Act of August 4, 1939 (53 Stat. 1196), to 
     be converted under this section shall be converted to 
     repayment contracts under section 9(d) of that Act (53 Stat. 
     1195).

[[Page H3170]]

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

                       Subtitle J--Safety of Dams

     SEC. 1121. AUTHORIZATION OF ADDITIONAL PROJECT BENEFITS.

       The Reclamation Safety of Dams Act of 1978 is amended--
       (1) in section 3, by striking ``Construction'' and 
     inserting ``Except as provided in section 5B, construction''; 
     and

[[Page H3171]]

       (2) by inserting after section 5A (43 U.S.C. 509) the 
     following:

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

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

                  Subtitle K--Water Rights Protection

     SEC. 1131. SHORT TITLE.

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

     SEC. 1132. DEFINITION OF WATER RIGHT.

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

     SEC. 1133. TREATMENT OF WATER RIGHTS.

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

     SEC. 1134. RECOGNITION OF STATE AUTHORITY.

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

     SEC. 1135. EFFECT OF TITLE.

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

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

     SEC. 2001. SHORT TITLE.

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

     SEC. 2002. REPORT ON ECONOMIC IMPACT.

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

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

     SEC. 2011. SHORT TITLE.

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

     SEC. 2012. MODIFICATION OF DEFINITION.

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

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

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

   Subtitle B--Target Practice and Marksmanship Training Support Act

     SEC. 2021. SHORT TITLE.

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

     SEC. 2022. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the use of firearms and archery equipment for target 
     practice and marksmanship training activities on Federal land 
     is allowed, except to the extent specific portions of that 
     land have been closed to those activities;
       (2) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (3) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (4) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (5) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et

[[Page H3172]]

     seq.), provides Federal support for construction and 
     expansion of public target ranges by making available to 
     States amounts that may be used for construction, operation, 
     and maintenance of public target ranges; and
       (6) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this subtitle is to facilitate 
     the construction and expansion of public target ranges, 
     including ranges on Federal land managed by the Forest 
     Service and the Bureau of Land Management.

     SEC. 2023. DEFINITION OF PUBLIC TARGET RANGE.

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

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

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

     SEC. 2025. LIMITS ON LIABILITY.

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

     SEC. 2026. SENSE OF CONGRESS REGARDING COOPERATION.

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

          Subtitle C--Polar Bear Conservation and Fairness Act

     SEC. 2031. SHORT TITLE.

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

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

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

            Subtitle D--Recreational Lands Self-Defense Act

     SEC. 2041. SHORT TITLE.

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

     SEC. 2042. PROTECTING AMERICANS FROM VIOLENT CRIME.

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

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

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

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

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

       ``(a) Establishment.--There is hereby established the 
     Wildlife and Hunting Heritage Conservation Council Advisory 
     Committee (in this section referred to as the `Advisory 
     Committee') to advise the Secretaries of the Interior and 
     Agriculture on wildlife and habitat conservation, hunting, 
     and recreational shooting.
       ``(b) Continuance and Abolishment of Existing Wildlife and 
     Hunting Heritage Conservation Council.--The Wildlife and 
     Hunting Heritage Conservation Council established pursuant to 
     section 441 of the Revised Statutes (43 U.S.C. 1457), section 
     2 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and 
     other Acts applicable to specific bureaus of the Department 
     of the Interior--
       ``(1) shall continue until the date of the first meeting of 
     the Wildlife and Hunting Heritage

[[Page H3173]]

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

Subtitle F--Recreational Fishing and Hunting Heritage Opportunities Act

     SEC. 2061. SHORT TITLE.

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

     SEC. 2062. FINDINGS.

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

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

       (a) Definitions.--In this section:

[[Page H3174]]

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

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

       (a) Definitions.--For the purposes of this section:
       (1) Public land.--The term ``public land'' means--
       (A) units of the National Park System;
       (B) National Forest System lands; and
       (C) land and interests in land owned by the United States 
     and under the administrative jurisdiction of--
       (i) the Fish and Wildlife Service; or
       (ii) the Bureau of Land Management.
       (2) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior and includes the Director 
     of the National Park Service, with regard to units of the 
     National Park System;
       (B) the Secretary of the Interior and includes the Director 
     of the Fish and Wildlife Service, with regard to Fish and 
     Wildlife Service lands and waters;
       (C) the Secretary of the Interior and includes the Director 
     of the Bureau of Land Management, with regard to Bureau of 
     Land Management lands and waters; and

[[Page H3175]]

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

              Subtitle G--Farmer and Hunter Protection Act

     SEC. 2071. SHORT TITLE.

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

     SEC. 2072. BAITING OF MIGRATORY GAME BIRDS.

       Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Prohibition of Baiting.--
       ``(1) Definitions.--In this subsection:
       ``(A) Baited area.--
       ``(i) In general.--The term `baited area' means--

       ``(I) any area on which salt, grain, or other feed has been 
     placed, exposed, deposited, distributed, or scattered, if the 
     salt, grain, or feed could lure or attract migratory game 
     birds; and
       ``(II) in the case of waterfowl, cranes (family Gruidae), 
     and coots (family Rallidae), a standing, unharvested crop 
     that has been manipulated through activities such as mowing, 
     discing, or rolling, unless the activities are normal 
     agricultural practices.

       ``(ii) Exclusions.--An area shall not be considered to be a 
     `baited area' if the area--

       ``(I) has been treated with a normal agricultural practice;
       ``(II) has standing crops that have not been manipulated; 
     or
       ``(III) has standing crops that have been or are flooded.

       ``(B) Baiting.--The term `baiting' means the direct or 
     indirect placing, exposing, depositing, distributing, or 
     scattering of salt, grain, or other feed that could lure or 
     attract migratory game birds to, on, or over any areas on 
     which a hunter is attempting to take migratory game birds.
       ``(C) Migratory game bird.--The term `migratory game bird' 
     means migratory bird species--
       ``(i) that are within the taxonomic families of Anatidae, 
     Columbidae, Gruidae, Rallidae, and Scolopacidae; and
       ``(ii) for which open seasons are prescribed by the 
     Secretary of the Interior.
       ``(D) Normal agricultural practice.--
       ``(i) In general.--The term `normal agricultural practice' 
     means any practice in 1 annual growing season that--

       ``(I) is carried out in order to produce a marketable crop, 
     including planting, harvest, postharvest, or soil 
     conservation practices; and
       ``(II) is recommended for the successful harvest of a given 
     crop by the applicable State office of the Cooperative 
     Extension System of the Department of Agriculture, in 
     consultation with, and if requested, the concurrence of, the 
     head of the applicable State department of fish and wildlife.

       ``(ii) Inclusions.--

       ``(I) In general.--Subject to subclause (II), the term 
     `normal agricultural practice' includes the destruction of a 
     crop in accordance with practices required by the Federal 
     Crop Insurance Corporation for agricultural producers to 
     obtain crop insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) on land on which a crop during the 
     current or immediately preceding crop year was not 
     harvestable due to a natural disaster (including any 
     hurricane, storm, tornado, flood, high water, wind-driven 
     water, tidal wave, tsunami, earthquake, volcanic eruption, 
     landslide, mudslide, drought, fire, snowstorm, or other 
     catastrophe that is declared a major disaster by the 
     President in accordance with section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170)).
       ``(II) Limitations.--The term `normal agricultural 
     practice' only includes a crop described in subclause (I) 
     that has been destroyed or manipulated through activities 
     that include (but are not limited to) mowing, discing, or 
     rolling if the Federal Crop Insurance Corporation certifies 
     that flooding was not an acceptable method of destruction to 
     obtain crop insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).

       ``(E) Waterfowl.--The term `waterfowl' means native species 
     of the family Anatidae.
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to take any migratory game bird by baiting or on or 
     over any baited area, if the person knows or reasonably 
     should know that the area is a baited area; or
       ``(B) to place or direct the placement of bait on or 
     adjacent to an area for the purpose of causing, inducing, or 
     allowing any person to take or attempt to take any migratory 
     game bird by baiting or on or over the baited area.
       ``(3) Regulations.--The Secretary of the Interior may 
     promulgate regulations to implement this subsection.
       ``(4) Reports.--Annually, the Secretary of Agriculture 
     shall submit to the Secretary of the Interior a report that 
     describes any changes to normal agricultural practices across 
     the range of crops grown by agricultural producers in each 
     region of the United States in which the recommendations are 
     provided to agricultural producers.''.

    Subtitle H--Transporting Bows Across National Park Service Lands

     SEC. 2081. SHORT TITLE.

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

     SEC. 2082. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.

       (a) In General.--Subchapter II of chapter 1015 of title 54, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 101513. Hunter access corridors

       ``(a) Definitions.--In this section:
       ``(1) Not ready for immediate use.--The term `not ready for 
     immediate use' means--
       ``(A) a bow or crossbow, the arrows of which are secured or 
     stowed in a quiver or other arrow transport case; and
       ``(B) with respect to a crossbow, uncocked.
       ``(2) Valid hunting license.--The term `valid hunting 
     license' means a State-issued hunting license that authorizes 
     an individual to hunt on private or public land adjacent to 
     the System unit in which the individual is located while in 
     possession of a bow or crossbow that is not ready for 
     immediate use.
       ``(b) Transportation Authorized.--
       ``(1) In general.--The Director shall not require a permit 
     for, or promulgate or enforce any regulation that prohibits 
     an individual from transporting bows and crossbows that are 
     not ready for immediate use across any System unit if--
       ``(A) in the case of an individual traversing the System 
     unit on foot--
       ``(i) the individual is not otherwise prohibited by law 
     from possessing the bows and crossbows;
       ``(ii) the bows or crossbows are not ready for immediate 
     use throughout the period during which the bows or crossbows 
     are transported across the System unit;
       ``(iii) the possession of the bows and crossbows is in 
     compliance with the law of the State in which the System unit 
     is located; and
       ``(iv)(I) the individual possesses a valid hunting license;
       ``(II) the individual is traversing the System unit en 
     route to a hunting access corridor established under 
     subsection (c)(1); or
       ``(III) the individual is traversing the System unit in 
     compliance with any other applicable regulations or policies; 
     or
       ``(B) the bows or crossbows are not ready for immediate use 
     and remain inside a vehicle.
       ``(2) Enforcement.--Nothing in this subsection limits the 
     authority of the Director to enforce laws (including 
     regulations) prohibiting hunting or the taking of wildlife in 
     any System unit.
       ``(c) Establishment of Hunter Access Corridors.--
       ``(1) In general.--On a determination by the Director under 
     paragraph (2), the Director may establish and publish (in 
     accordance with section 1.5 of title 36, Code of Federal 
     Regulations (or a successor regulation)), on a publicly 
     available map, hunter access corridors across System units 
     that are used to access public land that is--
       ``(A) contiguous to a System unit; and
       ``(B) open to hunting.
       ``(2) Determination by director.--The determination 
     referred to in paragraph (1) is a determination that the 
     hunter access corridor would provide wildlife management or 
     visitor experience benefits within the boundary of the System 
     unit in which the hunter access corridor is located.
       ``(3) Hunting season.--The hunter access corridors shall be 
     open for use during hunting seasons.
       ``(4) Exception.--The Director may establish limited 
     periods during which access through the hunter access 
     corridors is closed for reasons of public safety, 
     administration, or compliance with applicable law. Such 
     closures shall be clearly marked with signs and dates of 
     closures, and shall not include gates, chains, walls, or 
     other barriers on the hunter access corridor.

[[Page H3176]]

       ``(5) Identification of corridors.--The Director shall--
       ``(A) make information regarding hunter access corridors 
     available on the individual website of the applicable System 
     unit; and
       ``(B) provide information regarding any processes 
     established by the Director for transporting legally taken 
     game through individual hunter access corridors.
       ``(6) Registration; transportation of game.--The Director 
     may--
       ``(A) provide registration boxes to be located at the 
     trailhead of each hunter access corridor for self-
     registration;
       ``(B) provide a process for online self-registration; and
       ``(C) allow nonmotorized conveyances to transport legally 
     taken game through a hunter access corridor established under 
     this subsection, including game carts and sleds.
       ``(7) Consultation with states.--The Director shall consult 
     with each applicable State wildlife agency to identify 
     appropriate hunter access corridors.
       ``(d) Effect.--Nothing in this section--
       ``(1) diminishes, enlarges, or modifies any Federal or 
     State authority with respect to recreational hunting, 
     recreational shooting, or any other recreational activities 
     within the boundaries of a System unit; or
       ``(2) authorizes--
       ``(A) the establishment of new trails in System units; or
       ``(B) authorizes individuals to access areas in System 
     units, on foot or otherwise, that are not open to such 
     access.
       ``(e) No Major Federal Action.--
       ``(1) In general.--Any action taken under this section 
     shall not be considered a major Federal action significantly 
     affecting the quality of the human environment under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(2) No additional action required.--No additional 
     identification, analyses, or consideration of environmental 
     effects (including cumulative environmental effects) is 
     necessary or required with respect to an action taken under 
     this section.''.
       (b) Clerical Amendment.--The table of sections for title 
     54, United States Code, is amended by inserting after the 
     item relating to section 101512 the following:

``101513. Hunter access corridors.''.

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

     SEC. 2091. SHORT TITLE.

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

     SEC. 2092. FEDERAL LAND TRANSACTION FACILITATION ACT.

       The Federal Land Transaction Facilitation Act is amended--
       (1) in section 203(1) (43 U.S.C. 2302(1)), by striking 
     ``cultural, or'' and inserting ``cultural, recreational 
     access and use, or other'';
       (2) in section 203(2) in the matter preceding subparagraph 
     (A), by striking ``on the date of enactment of this Act was'' 
     and inserting ``is'';
       (3) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``section 206'' and all 
     that follows through the period and inserting the following: 
     ``section 206--
       ``(1) to complete appraisals and satisfy other legal 
     requirements for the sale or exchange of public land 
     identified for disposal under approved land use plans under 
     section 202 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1712);
       ``(2) not later than 180 days after the date of the 
     enactment of the Federal Land Transaction Facilitation Act 
     Reauthorization, to establish and make available to the 
     public, on the website of the Department of the Interior, a 
     database containing a comprehensive list of all the land 
     referred to in paragraph (1); and
       ``(3) to maintain the database referred to in paragraph 
     (2).''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``22'';
       (4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to 
     read as follows:
       ``(1) Use of funds.--
       ``(A) In general.--Funds in the Federal Land Disposal 
     Account shall be expended, subject to appropriation, in 
     accordance with this subsection.
       ``(B) Purposes.--Except as authorized under paragraph (2), 
     funds in the Federal Land Disposal Account shall be used for 
     one or more of the following purposes:
       ``(i) To purchase lands or interests therein that are 
     otherwise authorized by law to be acquired and are one or 
     more of the following:

       ``(I) Inholdings.
       ``(II) Adjacent to federally designated areas and contain 
     exceptional resources.
       ``(III) Provide opportunities for hunting, recreational 
     fishing, recreational shooting, and other recreational 
     activities.
       ``(IV) Likely to aid in the performance of deferred 
     maintenance or the reduction of operation and maintenance 
     costs or other deferred costs.

       ``(ii) To perform deferred maintenance or other maintenance 
     activities that enhance opportunities for recreational 
     access.'';
       (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
       (A) by striking subparagraph (A);
       (B) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) in subparagraph (C) (as so redesignated by this 
     paragraph)--
       (i) by striking ``purchases'' and inserting ``land 
     purchases and performance of deferred maintenance 
     activities'';
       (ii) by striking ``subparagraph (C)'' and inserting 
     ``subparagraph (B)''; and
       (iii) by inserting ``for the activities outlined in 
     paragraph (2)'' after ``generated''; and
       (D) by adding at the end the following:
       ``(D) Any funds made available under subparagraph (C) that 
     are not obligated or expended by the end of the fourth full 
     fiscal year after the date of the sale or exchange of land 
     that generated the funds may be expended in any State.'';
       (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
       (A) by inserting after subparagraph (A) the following:
       ``(B) the extent to which the acquisition of the land or 
     interest therein will increase the public availability of 
     resources for, and facilitate public access to, hunting, 
     fishing, and other recreational activities;''; and
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D);
       (7) in section 206(f) (43 U.S.C. 2305(f)), by amending 
     paragraph (2) to read as follows:
       ``(2) any remaining balance in the account shall be 
     deposited in the Treasury and used for deficit reduction, 
     except that in the case of a fiscal year for which there is 
     no Federal budget deficit, such amounts shall be used to 
     reduce the Federal debt (in such manner as the Secretary of 
     the Treasury considers appropriate).''; and
       (8) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

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

     SEC. 2101. SHORT TITLE.

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

     SEC. 2102. REFERENCES.

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

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

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

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

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

     SEC. 2104. TREATMENT OF ELEPHANT IVORY.

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

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

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

[[Page H3177]]

  


     SEC. 2106. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

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

              Subtitle K--Respect for Treaties and Rights

     SEC. 2111. RESPECT FOR TREATIES AND RIGHTS.

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

           Subtitle L--State Approval of Fishing Restriction

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

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

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

     SEC. 2141. DEFINITIONS.

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

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

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

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

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

             Subtitle N--Grand Canyon Bison Management Act

     SEC. 2151. SHORT TITLE.

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

     SEC. 2152. DEFINITIONS.

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

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

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

            Subtitle O--Open Book on Equal Access to Justice

     SEC. 2161. SHORT TITLE.

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

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

       (a) Agency Proceedings.--Section 504 of title 5, United 
     States Code, is amended--
       (1) in subsection (c)(1), by striking ``, United States 
     Code'';
       (2) by redesignating subsection (f) as subsection (i); and
       (3) by striking subsection (e) and inserting the following:
       ``(e)(1) The Chairman of the Administrative Conference of 
     the United States, after consultation with the Chief Counsel 
     for Advocacy of the Small Business Administration, shall 
     report to the Congress, not later than March 31 of each year 
     through the 6th calendar year beginning after the initial 
     report under this subsection is submitted, on the amount of 
     fees and other expenses awarded during the preceding fiscal 
     year pursuant to this section. The report shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, and any other relevant information that 
     may aid the Congress in evaluating the scope and impact of 
     such awards. The report shall be made available to the public 
     online.
       ``(2)(A) The report required by paragraph (1) shall account 
     for all payments of fees and other expenses awarded under 
     this section that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions.
       ``(B) The disclosure of fees and other expenses required 
     under subparagraph (A) does not affect any other information 
     that is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(f) The Chairman of the Administrative Conference shall 
     create and maintain, during the period beginning on the date 
     the initial report under subsection (e) is submitted and 
     ending one year after the date on which the final report 
     under that subsection is submitted, online a searchable 
     database containing the following information with respect to 
     each award of fees and other expenses under this section:
       ``(1) The case name and number of the adversary 
     adjudication, if available.
       ``(2) The name of the agency involved in the adversary 
     adjudication.
       ``(3) A description of the claims in the adversary 
     adjudication.
       ``(4) The name of each party to whom the award was made, as 
     such party is identified in the order or other agency 
     document making the award.
       ``(5) The amount of the award.
       ``(6) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(g) The online searchable database described in 
     subsection (f) may not reveal any information the disclosure 
     of which is prohibited by law or court order.
       ``(h) The head of each agency shall provide to the Chairman 
     of the Administrative Conference in a timely manner all 
     information requested by the Chairman to comply with the 
     requirements of subsections (e), (f), and (g).''.
       (b) Court Cases.--Section 2412(d) of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(5)(A) The Chairman of the Administrative Conference of 
     the United States shall submit to the Congress, not later 
     than March 31 of each year through the 6th calendar year 
     beginning after the initial report under this paragraph is 
     submitted, a report on the amount of fees and other expenses 
     awarded during the preceding fiscal year pursuant to this 
     subsection. The report shall describe the number, nature, and 
     amount of the awards, the claims involved in each 
     controversy, and any other relevant information that may aid 
     the Congress in evaluating the scope and impact of such 
     awards. The report shall be made available to the public 
     online.
       ``(B)(i) The report required by subparagraph (A) shall 
     account for all payments of fees and other expenses awarded 
     under this subsection that are made pursuant to a settlement 
     agreement, regardless of whether the settlement agreement is 
     sealed or otherwise subject to nondisclosure provisions.
       ``(ii) The disclosure of fees and other expenses required 
     under clause (i) does not affect any other information that 
     is subject to nondisclosure provisions in the settlement 
     agreement.
       ``(C) The Chairman of the Administrative Conference shall 
     include and clearly identify in

[[Page H3178]]

     the annual report under subparagraph (A), for each case in 
     which an award of fees and other expenses is included in the 
     report--
       ``(i) any amounts paid from section 1304 of title 31 for a 
     judgment in the case;
       ``(ii) the amount of the award of fees and other expenses; 
     and
       ``(iii) the statute under which the plaintiff filed suit.
       ``(6) The Chairman of the Administrative Conference shall 
     create and maintain, during the period beginning on the date 
     the initial report under paragraph (5) is submitted and 
     ending one year after the date on which the final report 
     under that paragraph is submitted, online a searchable 
     database containing the following information with respect to 
     each award of fees and other expenses under this subsection:
       ``(A) The case name and number.
       ``(B) The name of the agency involved in the case.
       ``(C) The name of each party to whom the award was made, as 
     such party is identified in the order or other court document 
     making the award.
       ``(D) A description of the claims in the case.
       ``(E) The amount of the award.
       ``(F) The basis for the finding that the position of the 
     agency concerned was not substantially justified.
       ``(7) The online searchable database described in paragraph 
     (6) may not reveal any information the disclosure of which is 
     prohibited by law or court order.
       ``(8) The head of each agency (including the Attorney 
     General of the United States) shall provide to the Chairman 
     of the Administrative Conference of the United States in a 
     timely manner all information requested by the Chairman to 
     comply with the requirements of paragraphs (5), (6), and 
     (7).''.
       (c) Clerical Amendments.--Section 2412 of title 28, United 
     States Code, is amended--
       (1) in subsection (d)(3), by striking ``United States 
     Code,''; and
       (2) in subsection (e)--
       (A) by striking ``of section 2412 of title 28, United 
     States Code,'' and inserting ``of this section''; and
       (B) by striking ``of such title'' and inserting ``of this 
     title''.
       (d) Effective Date.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) shall first apply with respect to awards of fees and 
     other expenses that are made on or after the date of the 
     enactment of this Act.
       (2) Initial reports.--The first reports required by section 
     504(e) of title 5, United States Code, and section 2412(d)(5) 
     of title 28, United States Code, shall be submitted not later 
     than March 31 of the calendar year following the first 
     calendar year in which a fiscal year begins after the date of 
     the enactment of this Act.
       (3) Online databases.--The online databases required by 
     section 504(f) of title 5, United States Code, and section 
     2412(d)(6) of title 28, United States Code, shall be 
     established as soon as practicable after the date of the 
     enactment of this Act, but in no case later than the date on 
     which the first reports under section 504(e) of title 5, 
     United States Code, and section 2412(d)(5) of title 28, 
     United States Code, are required to be submitted under 
     paragraph (2) of this subsection.

                  Subtitle P--Utility Terrain Vehicles

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

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

             Subtitle Q--Good Samaritan Search and Recovery

     SEC. 2181. SHORT TITLE.

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

     SEC. 2182. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

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

    Subtitle R--Interstate Transportation of Firearms or Ammunition

     SEC. 2191. INTERSTATE TRANSPORTATION OF FIREARMS OR 
                   AMMUNITION.

       (a) In General.--Section 926A of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 926A. Interstate transportation of firearms or 
       ammunition

       ``(a) Notwithstanding any provision of any law, rule, or 
     regulation of a State or any political subdivision thereof:
       ``(1) A person who is not prohibited by this chapter from 
     possessing, transporting, shipping, or receiving a firearm or 
     ammunition shall be entitled to transport a firearm for any 
     lawful purpose from any place where the person may lawfully 
     possess, carry, or transport the firearm to any other such 
     place if, during the transportation, the firearm is unloaded, 
     and--
       ``(A) if the transportation is by motor vehicle, the 
     firearm is not directly accessible from the passenger 
     compartment of the vehicle, and, if the vehicle is without a 
     compartment separate from the passenger compartment, the 
     firearm is in a locked container other than the glove 
     compartment or console, or is secured by a secure gun storage 
     or safety device; or
       ``(B) if the transportation is by other means, the firearm 
     is in a locked container or secured by a secure gun storage 
     or safety device.
       ``(2) A person who is not prohibited by this chapter from 
     possessing, transporting, shipping, or receiving a firearm or 
     ammunition shall be entitled to transport ammunition for any 
     lawful purpose from any place where the person may lawfully 
     possess, carry, or transport the ammunition, to any other 
     such place if, during the transportation, the ammunition is 
     not loaded into a firearm, and--

[[Page H3179]]

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

                        Subtitle S--Gray Wolves

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

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

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

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

                  Subtitle T--Miscellaneous Provisions

     SEC. 2211. PROHIBITION ON ISSUANCE OF FINAL RULE.

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

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

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

   TITLE III--NATIONAL STRATEGIC AND CRITICAL MINERALS PRODUCTION ACT

     SEC. 3001. SHORT TITLE.

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

     SEC. 3002. FINDINGS.

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

     SEC. 3003. DEFINITIONS.

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

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

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

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

     SEC. 3012. RESPONSIBILITIES OF THE LEAD AGENCY.

       (a) In General.--The lead agency with responsibility for 
     issuing a mineral exploration or mine permit shall appoint a 
     project lead within the lead agency who shall coordinate and 
     consult with cooperating agencies and any other agency 
     involved in the permitting process, project proponents and 
     contractors to ensure that agencies minimize delays, set and 
     adhere to timelines and schedules for completion of the 
     permitting process, set clear permitting goals and track 
     progress against those goals.
       (b) Determination Under NEPA.--
       (1) In general.--To the extent that the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     applies to the issuance of any mineral exploration or mine 
     permit, the requirements of such Act shall be deemed to have 
     been procedurally and substantively satisfied if the lead 
     agency determines that any State and/or Federal agency acting 
     pursuant to State or Federal (or both) statutory or 
     procedural authorities, has addressed or will address the 
     following factors:
       (A) The environmental impact of the action to be conducted 
     under the permit.
       (B) Possible adverse environmental effects of actions under 
     the permit.
       (C) Possible alternatives to issuance of the permit.
       (D) The relationship between local long- and short-term 
     uses of man's environment and the maintenance and enhancement 
     of long-term productivity.
       (E) Any irreversible and irretrievable commitment of 
     resources that would be involved in the proposed action.
       (F) That public participation will occur during the 
     decisionmaking process for authorizing actions under the 
     permit.
       (2) Written requirement.--In reaching a determination under 
     paragraph (1), the lead agency shall, by no later than 90 
     days after receipt of an application for the permit, in a 
     written record of decision--
       (A) explain the rationale used in reaching its 
     determination;
       (B) state the facts in the record that are the basis for 
     the determination; and
       (C) show that the facts in the record could allow a 
     reasonable person to reach the same determination as the lead 
     agency did.
       (c) Coordination on Permitting Process.--The lead agency 
     with responsibility for issuing a mineral exploration or mine 
     permit shall enhance government coordination for the 
     permitting process by avoiding duplicative reviews, 
     minimizing paperwork, and engaging other agencies and 
     stakeholders early in the process. For purposes of this 
     subsection, the lead agency shall consider the following 
     practices:
       (1) Deferring to and relying upon baseline data, analyses 
     and reviews performed by State agencies with jurisdiction 
     over the proposed project.

[[Page H3180]]

       (2) Conducting any consultations or reviews concurrently 
     rather than sequentially to the extent practicable and when 
     such concurrent review will expedite rather than delay a 
     decision.
       (d) Memorandum of Agency Agreement.--If requested at any 
     time by a State or local planning agency, the lead agency 
     with responsibility for issuing a mineral exploration or mine 
     permit, in consultation with other Federal agencies with 
     relevant jurisdiction in the environmental review process, 
     may establish memoranda of agreement with the project 
     sponsor, State and local governments, and other appropriate 
     entities to accomplish the early coordination activities 
     described in subsection (c).
       (e) Schedule for Permitting Process.--For any project for 
     which the lead agency cannot make the determination described 
     in 102(b), at the request of a project proponent the lead 
     agency, cooperating agencies, and any other agencies involved 
     with the mineral exploration or mine permitting process shall 
     enter into an agreement with the project proponent that sets 
     time limits for each part of the permitting process, 
     including for the following:
       (1) The decision on whether to prepare a document required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) A determination of the scope of any document required 
     under the National Environmental Policy Act of 1969.
       (3) The scope of and schedule for the baseline studies 
     required to prepare a document required under the National 
     Environmental Policy Act of 1969.
       (4) Preparation of any draft document required under the 
     National Environmental Policy Act of 1969.
       (5) Preparation of a final document required under the 
     National Environmental Policy Act of 1969.
       (6) Consultations required under applicable laws.
       (7) Submission and review of any comments required under 
     applicable law.
       (8) Publication of any public notices required under 
     applicable law.
       (9) A final or any interim decisions.
       (f) Time Limit for Permitting Process.--In no case should 
     the total review process described in subsection (d) exceed 
     30 months unless extended by the signatories of the 
     agreement.
       (g) Limitation on Addressing Public Comments.--The lead 
     agency is not required to address agency or public comments 
     that were not submitted during any public comment periods or 
     consultation periods provided during the permitting process 
     or as otherwise required by law.
       (h) Financial Assurance.--The lead agency will determine 
     the amount of financial assurance for reclamation of a 
     mineral exploration or mining site, which must cover the 
     estimated cost if the lead agency were to contract with a 
     third party to reclaim the operations according to the 
     reclamation plan, including construction and maintenance 
     costs for any treatment facilities necessary to meet Federal, 
     State or tribal environmental standards.
       (i) Application to Existing Permit Applications.--This 
     section shall apply with respect to a mineral exploration or 
     mine permit for which an application was submitted before the 
     date of the enactment of this Act if the applicant for the 
     permit submits a written request to the lead agency for the 
     permit. The lead agency shall begin implementing this section 
     with respect to such application within 30 days after 
     receiving such written request.
       (j) Strategic and Critical Minerals Within National 
     Forests.--With respect to strategic and critical minerals 
     within a federally administered unit of the National Forest 
     System, the lead agency shall--
       (1) exempt all areas of identified mineral resources in 
     Land Use Designations, other than Non-Development Land Use 
     Designations, in existence as of the date of the enactment of 
     this Act from the procedures detailed at and all rules 
     promulgated under part 294 of title 36, Code of Federal 
     Regulations;
       (2) apply such exemption to all additional routes and areas 
     that the lead agency finds necessary to facilitate the 
     construction, operation, maintenance, and restoration of the 
     areas of identified mineral resources described in paragraph 
     (1); and
       (3) continue to apply such exemptions after approval of the 
     Minerals Plan of Operations for the unit of the National 
     Forest System.

     SEC. 3013. CONSERVATION OF THE RESOURCE.

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

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

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

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

     SEC. 3021. DEFINITIONS FOR TITLE.

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

     SEC. 3022. TIMELY FILINGS.

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

     SEC. 3023. RIGHT TO INTERVENE.

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

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

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

     SEC. 3025. LIMITATION ON PROSPECTIVE RELIEF.

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

     SEC. 3026. LIMITATION ON ATTORNEYS' FEES.

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

                  Subtitle C--Miscellaneous Provisions

     SEC. 3031. SECRETARIAL ORDER NOT AFFECTED.

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

                  TITLE IV--NATIVE AMERICAN ENERGY ACT

     SEC. 4001. SHORT TITLE.

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

     SEC. 4002. APPRAISALS.

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

     ``SEC. 2607. APPRAISAL REFORMS.

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

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

     SEC. 4003. STANDARDIZATION.

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

[[Page H3181]]

  


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

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

     SEC. 4005. JUDICIAL REVIEW.

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

     SEC. 4006. TRIBAL BIOMASS DEMONSTRATION PROJECT.

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

     ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.

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

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

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

     SEC. 4007. TRIBAL RESOURCE MANAGEMENT PLANS.

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

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

       Subsection (e)(1) of the first section of the Act of August 
     9, 1955 (25 U.S.C. 415(e)(1); commonly

[[Page H3182]]

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

     SEC. 4009. NONAPPLICABILITY OF CERTAIN RULES.

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

             TITLE V--NORTHPORT IRRIGATION EARLY REPAYMENT

     SEC. 5001. EARLY REPAYMENT OF CONSTRUCTION COSTS.

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

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

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. DEFINITIONS.

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

     SEC. 6003. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK.

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

     SEC. 6004. BOUNDARY ADJUSTMENT.

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

     SEC. 6005. LAND ACQUISITION; NO BUFFER ZONES.

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

     SEC. 6006. ADMINISTRATION.

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

     SEC. 6007. OCMULGEE RIVER CORRIDOR SPECIAL RESOURCE STUDY.

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

                TITLE VII--MEDGAR EVERS HOUSE STUDY ACT

     SEC. 7001. SHORT TITLE.

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

     SEC. 7002. SPECIAL RESOURCE STUDY.

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

               TITLE VIII--SKY POINT MOUNTAIN DESIGNATION

     SEC. 8001. FINDINGS.

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

     SEC. 8002. SKY POINT.

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

[[Page H3183]]

     paper of the United States to the mountain described in 
     subsection (a) shall be considered to be a reference to ``Sky 
     Point''.

               TITLE IX--CHIEF STANDING BEAR TRAIL STUDY

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

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

        TITLE X--JOHN MUIR NATIONAL HISTORIC SITE EXPANSION ACT

     SEC. 10001. SHORT TITLE.

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

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

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

       TITLE XI--ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT

     SEC. 11001. SHORT TITLE.

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

     SEC. 11002. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

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

TITLE XII--PRESERVATION RESEARCH AT INSTITUTIONS SERVING MINORITIES ACT

     SEC. 12001. SHORT TITLE.

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

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

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

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

     SEC. 13001. SHORT TITLE.

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

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

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

         TITLE XIV--NATIONAL LIBERTY MEMORIAL CLARIFICATION ACT

     SEC. 14001. SHORT TITLE.

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

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

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

              TITLE XV--CRAGS, COLORADO LAND EXCHANGE ACT

     SEC. 15001. SHORT TITLE.

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

     SEC. 15002. PURPOSES.

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

     SEC. 15003. DEFINITIONS.

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

     SEC. 15004. LAND EXCHANGE.

       (a) In General.--If BHI offers to convey to the Secretary 
     all right, title, and interest of BHI

[[Page H3184]]

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

     SEC. 15005. EQUAL VALUE EXCHANGE AND APPRAISALS.

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

     SEC. 15006. MISCELLANEOUS PROVISIONS.

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

   TITLE XVI--REMOVE REVERSIONARY INTEREST IN ROCKINGHAM COUNTY LAND

     SEC. 16001. REMOVAL OF USE RESTRICTION.

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

     ``SEC. 4. REMOVAL OF USE RESTRICTION.

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

            TITLE XVII--COLTSVILLE NATIONAL HISTORICAL PARK

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

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

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

     SEC. 18001. SHORT TITLE.

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

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

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

     SEC. 18003. REFERENCES.

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

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

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

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

                      TITLE XX--9/11 MEMORIAL ACT

     SEC. 20001. SHORT TITLE.

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

     SEC. 20002. DEFINITIONS.

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

     SEC. 20003. DESIGNATION OF MEMORIAL.

       (a) Designation.--The National September 11 Memorial is 
     hereby designated as a national memorial.
       (b) Map.--The map shall be available for public inspection 
     and kept on file at the appropriate office of the Secretary.

[[Page H3185]]

       (c) Effect of Designation.--The national memorial 
     designated under this section shall not be a unit of the 
     National Park System and the designation of the national 
     memorial shall not be construed to require or authorize 
     Federal funds to be expended for any purpose related to the 
     national memorial except as provided under section 20004.

     SEC. 20004. COMPETITIVE GRANTS FOR CERTAIN MEMORIALS.

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

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

     SEC. 21001. SHORT TITLE.

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

     SEC. 21002. FINDINGS.

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

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

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

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

     SEC. 22001. VEHICULAR ACCESS AND FEES.

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

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

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

     SEC. 22002. DEFINITIONS.

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

     SEC. 22003. CONFORMING AMENDMENT.

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

     TITLE XXIII--GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE ACT

     SEC. 23001. SHORT TITLE.

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

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

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

[[Page H3186]]

     exchanged under this section shall be determined by surveys 
     satisfactory to the Secretary and the Post.
       (f) Conveyance Agreement.--The exchange of real property 
     under this section shall be accomplished using a quit claim 
     deed or other legal instrument and upon terms and conditions 
     mutually satisfactory to the Secretary and the Post, 
     including such additional terms and conditions as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       (g) Treatment of Acquired Land.--Land and interests in land 
     acquired by the United States under subsection (b) shall be 
     administered by the Secretary as part of the Gulf Islands 
     National Seashore.
       (h) Modification of Boundary.--Upon completion of the land 
     exchange under this section, the Secretary shall modify the 
     boundary of the Gulf Islands National Seashore to reflect 
     such land exchange.

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

     SEC. 24001. SHORT TITLE.

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

     SEC. 24002. WALL OF REMEMBRANCE.

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

       TITLE XXV--NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT

     SEC. 25001. SHORT TITLE.

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

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

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

             TITLE XXVI--WESTERN OREGON TRIBAL FAIRNESS ACT

     SEC. 26001. SHORT TITLE.

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

              Subtitle A--Cow Creek Umpqua Land Conveyance

     SEC. 26011. SHORT TITLE.

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

     SEC. 26012. DEFINITIONS.

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

     SEC. 26013. CONVEYANCE.

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

     SEC. 26014. MAP AND LEGAL DESCRIPTION.

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

     SEC. 26015. ADMINISTRATION.

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

     SEC. 26016. LAND RECLASSIFICATION.

       (a) Identification of Oregon and California Railroad Grant 
     Land.--Not later than 180 days after the date of enactment of 
     this Act, the Secretary of Agriculture and the Secretary 
     shall identify any Oregon and California Railroad grant land 
     that is held in trust by the United States for the benefit of 
     the Tribe under section 26013.
       (b) Identification of Public Domain Land.--Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary shall identify public domain land in the State of 
     Oregon that--
       (1) is approximately equal in acreage and condition as the 
     Oregon and California Railroad grant land identified under 
     subsection (a); and
       (2) is located in the vicinity of the Oregon and California 
     Railroad grant land.
       (c) Maps.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and publish in the Federal Register one or more maps 
     depicting the land identified in subsections (a) and (b).
       (d) Reclassification.--

[[Page H3187]]

       (1) In general.--After providing an opportunity for public 
     comment, the Secretary shall reclassify the land identified 
     in subsection (b) as Oregon and California Railroad grant 
     land.
       (2) Applicability.--The Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.), shall apply to land reclassified as Oregon 
     and California Railroad grant land under paragraph (1).

                  Subtitle B--Coquille Forest Fairness

     SEC. 26021. SHORT TITLE.

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

     SEC. 26022. AMENDMENTS TO COQUILLE RESTORATION ACT.

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

                    Subtitle C--Oregon Coastal Lands

     SEC. 26031. SHORT TITLE.

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

     SEC. 26032. DEFINITIONS.

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

     SEC. 26033. CONVEYANCE.

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

     SEC. 26034. MAP AND LEGAL DESCRIPTION.

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

     SEC. 26035. ADMINISTRATION.

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

     SEC. 26036. LAND RECLASSIFICATION.

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

                          DIVISION D--SCIENCE

                 TITLE V--DEPARTMENT OF ENERGY SCIENCE

     SEC. 501. MISSION.

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

     SEC. 502. BASIC ENERGY SCIENCES.

       (a) Program.--The Director shall carry out a program in 
     basic energy sciences, including materials sciences and 
     engineering, chemical sciences, physical biosciences, and 
     geosciences, for the purpose of providing the scientific 
     foundations for new energy technologies.
       (b) Mission.--The mission of the program described in 
     subsection (a) shall be to support fundamental research to 
     understand, predict, and ultimately control matter and energy 
     at the electronic, atomic, and molecular levels in order to 
     provide the foundations for new energy technologies and to 
     support Department missions in energy, environment, and 
     national security.
       (c) Basic Energy Sciences User Facilities.--The Director 
     shall carry out a subprogram for the development, 
     construction, operation, and maintenance of national user 
     facilities to support the program under this section. As 
     practicable, these facilities shall serve the needs of the 
     Department, industry, the academic community, and other 
     relevant entities to create and examine new materials and 
     chemical processes for the purposes of advancing new energy 
     technologies and improving the competitiveness of the United 
     States. These facilities shall include--
       (1) x-ray light sources;
       (2) neutron sources;
       (3) nanoscale science research centers; and
       (4) other facilities the Director considers appropriate, 
     consistent with section 209 of the Department of Energy 
     Organization Act (42 U.S.C. 7139).
       (d) Light Source Leadership Initiative.--
       (1) Establishment.--In support of the subprogram authorized 
     in subsection (c), the Director shall establish an initiative 
     to sustain and advance global leadership of light source user 
     facilities.
       (2) Leadership strategy.--Not later than 9 months after the 
     date of enactment of this Act,

[[Page H3188]]

     and biennially thereafter, the Director shall prepare, in 
     consultation with relevant stakeholders, and submit to the 
     Committee on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a light source leadership strategy 
     that--
       (A) identifies, prioritizes, and describes plans for the 
     development, construction, and operation of light sources 
     over the next decade;
       (B) describes plans for optimizing management and use of 
     existing light source facilities; and
       (C) assesses the international outlook for light source 
     user facilities and describes plans for United States 
     cooperation in such projects.
       (3) Advisory committee feedback and recommendations.--Not 
     later than 45 days after submission of the strategy described 
     in paragraph (2), the Basic Energy Sciences Advisory 
     Committee shall provide the Director, the Committee on 
     Science, Space, and Technology of the House of 
     Representatives, and the Committee on Energy and Natural 
     Resources of the Senate a report of the Advisory Committee's 
     analyses, findings, and recommendations for improving the 
     strategy, including a review of the most recent budget 
     request for the initiative.
       (4) Proposed budget.--The Director shall transmit annually 
     to Congress a proposed budget corresponding to the activities 
     identified in the strategy.
       (e) Accelerator Research and Development.--The Director 
     shall carry out research and development on advanced 
     accelerator and storage ring technologies relevant to the 
     development of Basic Energy Sciences user facilities, in 
     consultation with the Office of Science's High Energy Physics 
     and Nuclear Physics programs.
       (f) Energy Frontier Research Centers.--
       (1) In general.--The Director shall carry out a program to 
     provide awards, on a competitive, merit-reviewed basis, to 
     multi-institutional collaborations or other appropriate 
     entities to conduct fundamental and use-inspired energy 
     research to accelerate scientific breakthroughs.
       (2) Collaborations.--A collaboration receiving an award 
     under this subsection may include multiple types of 
     institutions and private sector entities.
       (3) Selection and duration.--
       (A) In general.--A collaboration under this subsection 
     shall be selected for a period of 5 years. An Energy Frontier 
     Research Center already in existence and supported by the 
     Director on the date of enactment of this Act may continue to 
     receive support for a period of 5 years beginning on the date 
     of establishment of that center.
       (B) Reapplication.--After the end of the period described 
     in subparagraph (A), an awardee may reapply for selection for 
     a second period of 5 years on a competitive, merit-reviewed 
     basis.
       (C) Termination.--Consistent with the existing authorities 
     of the Department, the Director may terminate an 
     underperforming center for cause during the performance 
     period.
       (4) No funding for construction.--No funding provided 
     pursuant to this subsection may be used for the construction 
     of new buildings or facilities.

     SEC. 503. ADVANCED SCIENTIFIC COMPUTING RESEARCH.

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

     SEC. 504. HIGH ENERGY PHYSICS.

       (a) Program.--The Director shall carry out a research 
     program on the fundamental constituents of matter and energy 
     and the nature of space and time.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the Director should incorporate the findings and 
     recommendations of the Particle Physics Project 
     Prioritization Panel's report entitled ``Building for 
     Discovery: Strategic Plan for U.S. Particle Physics in the 
     Global Context'', into the Department's planning process as 
     part of the program described in subsection (a);
       (2) the Director should prioritize domestically hosted 
     research projects that will maintain the United States 
     position as a global leader in particle physics and attract 
     the world's most talented physicists and foreign investment 
     for international collaboration; and
       (3) the nations that lead in particle physics by hosting 
     international teams dedicated to a common scientific goal 
     attract the world's best talent and inspire future 
     generations of physicists and technologists.

[[Page H3189]]

       (c) Neutrino Research.--As part of the program described in 
     subsection (a), the Director shall carry out research 
     activities on rare decay processes and the nature of the 
     neutrino, which may include collaborations with the National 
     Science Foundation or international collaborations.
       (d) Dark Energy and Dark Matter Research.--As part of the 
     program described in subsection (a), the Director shall carry 
     out research activities on the nature of dark energy and dark 
     matter, which may include collaborations with the National 
     Aeronautics and Space Administration or the National Science 
     Foundation, or international collaborations.
       (e) Accelerator Research and Development.--The Director 
     shall carry out research and development in advanced 
     accelerator concepts and technologies, including laser 
     technologies, to reduce the necessary scope and cost for the 
     next generation of particle accelerators. The Director shall 
     ensure access to national laboratory accelerator facilities, 
     infrastructure, and technology for users and developers of 
     accelerators that advance applications in energy and the 
     environment, medicine, industry, national security, and 
     discovery science.
       (f) International Collaboration.--The Director, as 
     practicable and in coordination with other appropriate 
     Federal agencies as necessary, shall ensure the access of 
     United States researchers to the most advanced accelerator 
     facilities and research capabilities in the world, including 
     the Large Hadron Collider.

     SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RESEARCH.

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

     SEC. 506. FUSION ENERGY.

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

[[Page H3190]]

     growth in the non-ITER portion of the budget for fusion 
     energy research and development activities. The report 
     shall--
       (A) identify specific areas of fusion energy research and 
     enabling technology development in which the United States 
     can and should establish or solidify a lead in the global 
     fusion energy development effort;
       (B) identify priorities for initiation of facility 
     construction and facility decommissioning under each of those 
     scenarios; and
       (C) assess the ability of the United States fusion 
     workforce to carry out the activities identified in 
     subparagraphs (A) and (B), including the adequacy of college 
     and university programs to train the leaders and workers of 
     the next generation of fusion energy researchers.
       (2) Process.--In order to develop the report required under 
     paragraph (1), the Secretary shall leverage best practices 
     and lessons learned from the process used to develop the most 
     recent report of the Particle Physics Project Prioritization 
     Panel of the High Energy Physics Advisory Panel. No member of 
     the Fusion Energy Sciences Advisory Committee shall be 
     excluded from participating in developing or voting on final 
     approval of the report required under paragraph (1).

     SEC. 507. NUCLEAR PHYSICS.

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

     SEC. 508. SCIENCE LABORATORIES INFRASTRUCTURE PROGRAM.

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

     SEC. 509. DOMESTIC MANUFACTURING.

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

     SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 511. DEFINITIONS.

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

    TITLE VI--DEPARTMENT OF ENERGY APPLIED RESEARCH AND DEVELOPMENT

           Subtitle A--Crosscutting Research and Development

     SEC. 601. CROSSCUTTING RESEARCH AND DEVELOPMENT.

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

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

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

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

       ``(a) In General.--The Secretary shall periodically review 
     all of the science and technology activities of the 
     Department in a strategic framework that takes into account 
     the frontiers of science to which the Department can 
     contribute, the national needs relevant to the Department's 
     statutory missions, and global energy dynamics.
       ``(b) Coordination Analysis and Plan.--As part of the 
     review under subsection (a), the Secretary shall develop a 
     plan to improve coordination and collaboration in research, 
     development, demonstration, and commercial application 
     activities across Department organizational boundaries.
       ``(c) Plan Contents.--The plan shall describe--
       ``(1) crosscutting scientific and technical issues and 
     research questions that span more than one program or major 
     office of the Department;
       ``(2) how the applied technology programs of the Department 
     are coordinating their activities, and addressing those 
     questions;
       ``(3) ways in which the technical interchange within the 
     Department, particularly between the Office of Science and 
     the applied technology programs, can be enhanced, including 
     limited ways in which the research agendas of the Office of 
     Science and the applied programs can better interact and 
     assist each other;
       ``(4) a description of how the Secretary will ensure that 
     the Department's overall research agenda include, in addition 
     to fundamental, curiosity-driven research, fundamental 
     research related to topics of concern to the applied 
     programs, and applications in Departmental technology 
     programs of research results generated by fundamental, 
     curiosity-driven research;
       ``(5) critical assessments of any ongoing programs that 
     have experienced sub-par performance or cost over-runs of 10 
     percent or more over 1 or more years;
       ``(6) activities that may be more effectively left to the 
     States, industry, nongovernmental organizations, institutions 
     of higher education, or other stakeholders; and
       ``(7) detailed proposals for innovation hubs, institutes, 
     and research centers prior to establishment or renewal by the 
     Department, including--
       ``(A) certification that all hubs, institutes, and research 
     centers will advance the mission of

[[Page H3191]]

     the Department, and prioritize research, development, and 
     demonstration;
       ``(B) certification that the establishment or renewal of 
     hubs, institutes, or research centers will not diminish funds 
     available for basic research and development within the 
     Office of Science; and
       ``(C) certification that all hubs, institutes, and research 
     centers established or renewed within the Office of Science 
     are consistent with the mission of the Office of Science as 
     described in section 209(c) of the Department of Energy 
     Organization Act (42 U.S.C. 7139(c)).
       ``(d) Plan Transmittal.--Not later than 1 year after the 
     date of enactment of the America COMPETES Reauthorization Act 
     of 2015, and every 4 years thereafter, the Secretary shall 
     transmit to the Committee on Science, Space, and Technology 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate the results of the review 
     under subsection (a) and the coordination plan under 
     subsection (b).''.

     SEC. 603. STRATEGY FOR FACILITIES AND INFRASTRUCTURE.

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

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

     SEC. 604. ENERGY INNOVATION HUBS.

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

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

     SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS.

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

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

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

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

       (a) Amendments.--Section 925 of the Energy Policy Act of 
     2005 (42 U.S.C. 16215) is amended--
       (1) by amending the section heading to read as follows: 
     ``ELECTRIC TRANSMISSION AND DISTRIBUTION RESEARCH AND 
     DEVELOPMENT'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Program.--The Secretary shall establish a 
     comprehensive research, development, and demonstration 
     program to ensure the reliability, efficiency, and 
     environmental integrity of electrical transmission and 
     distribution systems, which shall include innovations for--
       ``(1) advanced energy delivery technologies, energy storage 
     technologies, materials, and systems;

[[Page H3192]]

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

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

          Subtitle C--Nuclear Energy Research and Development

     SEC. 621. OBJECTIVES.

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

     SEC. 622. PROGRAM OBJECTIVES STUDY.

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

     SEC. 623. NUCLEAR ENERGY RESEARCH AND DEVELOPMENT PROGRAMS.

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

     SEC. 624. SMALL MODULAR REACTOR PROGRAM.

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

     SEC. 625. FUEL CYCLE RESEARCH AND DEVELOPMENT.

       (a) Amendments.--Section 953 of the Energy Policy Act of 
     2005 (42 U.S.C. 16273) is amended--
       (1) in the section heading by striking ``ADVANCED FUEL 
     CYCLE INITIATIVE'' and inserting ``FUEL CYCLE RESEARCH AND 
     DEVELOPMENT'';
       (2) by striking subsection (a);
       (3) by redesignating subsections (b) through (d) as 
     subsections (d) through (f), respectively; and
       (4) by inserting before subsection (d), as so redesignated 
     by paragraph (3) of this subsection, the following new 
     subsections:
       ``(a) In General.--The Secretary shall conduct a fuel cycle 
     research, development, demonstration, and commercial 
     application program (referred to in this section as the 
     `program') on fuel cycle options that improve uranium 
     resource utilization, maximize energy generation, minimize 
     nuclear waste creation, improve safety, mitigate risk of 
     proliferation, and improve waste management in support of a 
     national strategy for spent nuclear fuel and the reactor 
     concepts research, development, demonstration, and commercial 
     application program under section 952(c).
       ``(b) Fuel Cycle Options.--Under this section the Secretary 
     may consider implementing the following initiatives:
       ``(1) Open cycle.--Developing fuels, including the use of 
     nonuranium materials and alternate claddings, for use in 
     reactors that increase energy generation, improve safety 
     performance and margins, and minimize the amount of nuclear 
     waste produced in an open fuel cycle.
       ``(2) Recycle.--Developing advanced recycling technologies, 
     including advanced reactor concepts to improve resource 
     utilization, reduce proliferation risks, and minimize 
     radiotoxicity, decay heat, and mass and volume of nuclear 
     waste to the greatest extent possible.
       ``(3) Advanced storage methods.--Developing advanced 
     storage technologies for both onsite and long-term storage 
     that substantially prolong the effective life of current 
     storage devices or that substantially improve upon existing 
     nuclear waste storage technologies and methods, including 
     repositories.
       ``(4) Fast test reactor.--Investigating the potential 
     research benefits of a fast test reactor user facility to 
     conduct experiments on fuels and materials related to fuel 
     forms and fuel cycles that will increase fuel utilization, 
     reduce proliferation risks, and reduce nuclear waste 
     products.

[[Page H3193]]

       ``(5) Advanced reactor innovation.--Developing an advanced 
     reactor innovation testbed where national laboratories, 
     universities, and industry can address advanced reactor 
     design challenges to enable construction and operation of 
     privately funded reactor prototypes to resolve technical 
     uncertainty for United States-based designs for future 
     domestic and international markets.
       ``(6) Other technologies.--Developing any other technology 
     or initiative that the Secretary determines is likely to 
     advance the objectives of the program.
       ``(c) Additional Advanced Recycling and Crosscutting 
     Activities.--In addition to and in support of the specific 
     initiatives described in paragraphs (1) through (5) of 
     subsection (b), the Secretary may support the following 
     activities:
       ``(1) Development and testing of integrated process flow 
     sheets for advanced nuclear fuel recycling processes.
       ``(2) Research to characterize the byproducts and waste 
     streams resulting from fuel recycling processes.
       ``(3) Research and development on reactor concepts or 
     transmutation technologies that improve resource utilization 
     or reduce the radiotoxicity of waste streams.
       ``(4) Research and development on waste treatment processes 
     and separations technologies, advanced waste forms, and 
     quantification of proliferation risks.
       ``(5) Identification and evaluation of test and 
     experimental facilities necessary to successfully implement 
     the advanced fuel cycle initiative.
       ``(6) Advancement of fuel cycle-related modeling and 
     simulation capabilities.
       ``(7) Research to understand the behavior of high-burnup 
     fuels.''.
       (b) Conforming Amendment.--The item relating to section 953 
     in the table of contents of the Energy Policy Act of 2005 is 
     amended to read as follows:

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

     SEC. 626. NUCLEAR ENERGY ENABLING TECHNOLOGIES PROGRAM.

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

     ``SEC. 958. NUCLEAR ENERGY ENABLING TECHNOLOGIES.

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

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

     SEC. 627. TECHNICAL STANDARDS COLLABORATION.

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

     SEC. 628. AVAILABLE FACILITIES DATABASE.

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

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

     SEC. 641. ENERGY EFFICIENCY.

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

     ``SEC. 911. ENERGY EFFICIENCY.

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

     SEC. 642. NEXT GENERATION LIGHTING INITIATIVE.

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

     SEC. 643. BUILDING STANDARDS.

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

     SEC. 644. SECONDARY ELECTRIC VEHICLE BATTERY USE PROGRAM.

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

     SEC. 645. NETWORK FOR MANUFACTURING INNOVATION PROGRAM.

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

     SEC. 646. ADVANCED ENERGY TECHNOLOGY TRANSFER CENTERS.

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

[[Page H3194]]

       (4) by striking subsection (i).

     SEC. 647. RENEWABLE ENERGY.

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

     ``SEC. 931. RENEWABLE ENERGY.

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

     SEC. 648. BIOENERGY PROGRAM.

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

     ``SEC. 932. BIOENERGY PROGRAM.

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

     SEC. 649. CONCENTRATING SOLAR POWER RESEARCH PROGRAM.

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

     SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILDINGS.

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

           Subtitle E--Fossil Energy Research and Development

     SEC. 661. FOSSIL ENERGY.

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

     ``SEC. 961. FOSSIL ENERGY.

       ``(a) In General.--The Secretary shall carry out research, 
     development, demonstration, and commercial application 
     programs in fossil energy, including activities under this 
     subtitle, with the goal of improving the efficiency, 
     effectiveness, and environmental performance of fossil energy 
     production, upgrading, conversion, and consumption. Such 
     programs shall take into consideration the following 
     objectives:
       ``(1) Increasing the energy conversion efficiency of all 
     forms of fossil energy through improved technologies.
       ``(2) Decreasing the cost of all fossil energy production, 
     generation, and delivery.
       ``(3) Promoting diversity of energy supply.
       ``(4) Decreasing the dependence of the United States on 
     foreign energy supplies.
       ``(5) Decreasing the environmental impact of energy-related 
     activities.
       ``(6) Increasing the export of fossil energy-related 
     equipment, technology, and services from the United States.
       ``(b) Objectives.--To the maximum extent practicable, the 
     Secretary shall seek to--
       ``(1) leverage existing programs;
       ``(2) consolidate and coordinate activities throughout the 
     Department to promote collaboration and crosscutting 
     approaches;
       ``(3) ensure activities are undertaken in a manner that 
     does not duplicate other activities within the Department or 
     other Federal Government activities; and
       ``(4) identify programs that may be more effectively left 
     to the States, industry, nongovernmental organizations, 
     institutions of higher education, or other stakeholders.
       ``(c) Limitations.--
       ``(1) Uses.--None of the funds authorized for carrying out 
     this section may be used for Fossil Energy Environmental 
     Restoration.
       ``(2) Institutions of higher education.--Not less than 20 
     percent of the funds appropriated

[[Page H3195]]

     for carrying out section 964 of this Act for each fiscal year 
     shall be dedicated to research and development carried out at 
     institutions of higher education.
       ``(3) Use for regulatory assessments or determinations.--
     The results of any research, development, demonstration, or 
     commercial application projects or activities of the 
     Department authorized under this subtitle may not be used for 
     regulatory assessments or determinations by Federal 
     regulatory authorities.
       ``(d) Assessments.--
       ``(1) Constraints against bringing resources to market.--
     Not later than 1 year after the date of enactment of the 
     America COMPETES Reauthorization Act of 2015, the Secretary 
     shall transmit to Congress an assessment of the technical, 
     institutional, policy, and regulatory constraints to bringing 
     new domestic fossil resources to market.
       ``(2) Technology capabilities.--Not later than 2 years 
     after the date of enactment of the America COMPETES 
     Reauthorization Act of 2015, the Secretary shall transmit to 
     Congress a long-term assessment of existing and projected 
     technological capabilities for expanded production from 
     domestic unconventional oil, gas, and methane reserves.''.

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

       (a) In General.--Section 962 of the Energy Policy Act of 
     2005 (42 U.S.C. 16292) is amended--
       (1) in subsection (a)--
       (A) in paragraph (10), by striking ``and'' at the end;
       (B) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(12) specific additional programs to address water use 
     and reuse;
       ``(13) the testing, including the construction of testing 
     facilities, of high temperature materials for use in advanced 
     systems for combustion or use of coal; and
       ``(14) innovations to application of existing coal 
     conversion systems designed to increase efficiency of 
     conversion, flexibility of operation, and other modifications 
     to address existing usage requirements.'';
       (2) by redesignating subsections (b) through (d) as 
     subsections (c) through (e), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Transformational Coal Technology Program.--
       ``(1) In general.--As part of the program established under 
     subsection (a), the Secretary may carry out a program 
     designed to undertake research, development, demonstration, 
     and commercial application of technologies, including the 
     accelerated development of--
       ``(A) chemical looping technology;
       ``(B) supercritical carbon dioxide power generation cycles;
       ``(C) pressurized oxycombustion, including new and retrofit 
     technologies; and
       ``(D) other technologies that are characterized by the use 
     of--
       ``(i) alternative energy cycles;
       ``(ii) thermionic devices using waste heat;
       ``(iii) fuel cells;
       ``(iv) replacement of chemical processes with 
     biotechnology;
       ``(v) nanotechnology;
       ``(vi) new materials in applications (other than extending 
     cycles to higher temperature and pressure), such as membranes 
     or ceramics;
       ``(vii) carbon utilization, such as in construction 
     materials, using low quality energy to reconvert back to a 
     fuel, or manufactured food;
       ``(viii) advanced gas separation concepts; and
       ``(ix) other technologies, including--

       ``(I) modular, manufactured components; and
       ``(II) innovative production or research techniques, such 
     as using 3-D printer systems, for the production of early 
     research and development prototypes.

       ``(2) Cost share.--In carrying out the program described in 
     paragraph (1), the Secretary shall enter into partnerships 
     with private entities to share the costs of carrying out the 
     program. The Secretary may reduce the non-Federal cost share 
     requirement if the Secretary determines that the reduction is 
     necessary and appropriate considering the technological risks 
     involved in the project.''; and
       (4) in subsection (c) (as so redesignated) by striking 
     paragraph (1) and inserting the following:
       ``(1) In general.--In carrying out programs authorized by 
     this section, the Secretary shall identify cost and 
     performance goals for coal-based technologies that would 
     permit the continued cost-competitive use of coal for the 
     production of electricity, chemical feedstocks, 
     transportation fuels, and other marketable products.''.
       (b) Advisory Committee; Authorization of Appropriations.--
     Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 
     16293) is amended--
       (1) by amending paragraph (6) of subsection (c) to read as 
     follows:
       ``(6) Advisory committee.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall establish an advisory committee to undertake, 
     not less frequently than once every 3 years, a review and 
     prepare a report on the progress being made by the Department 
     of Energy to achieve the goals described in subsections (a) 
     and (b) of section 962 and subsection (b) of this section.
       ``(B) Membership requirements.--Members of the advisory 
     committee established under subparagraph (A) shall be 
     appointed by the Secretary, except that three members shall 
     be appointed by the Speaker of the House of Representatives 
     and two members shall be appointed by the Majority Leader of 
     the Senate. The total number of members of the advisory 
     committee shall be 15.''; and
       (2) by amending subsection (d) to read as follows:
       ``(d) Study of Carbon Dioxide Pipelines.--Not later than 1 
     year after the date of enactment of the America COMPETES 
     Reauthorization Act of 2015, the Secretary shall transmit to 
     Congress the results of a study to assess the cost and 
     feasibility of engineering, permitting, building, 
     maintaining, regulating, and insuring a national system of 
     carbon dioxide pipelines.''.

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

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

          Subtitle F--Advanced Research Projects Agency-Energy

     SEC. 671. ARPA-E AMENDMENTS.

       Section 5012 of the America COMPETES Act (42 U.S.C. 16538) 
     is amended--
       (1) by amending paragraph (1) of subsection (c) to read as 
     follows:
       ``(1) In general.--The goals of ARPA-E shall be to enhance 
     the economic and energy security of the United States and to 
     ensure that the United States maintains a technological lead 
     through the development of advanced energy technologies.'';
       (2) in subsection (i)(1), by inserting ``ARPA-E shall not 
     provide funding for a project unless the prospective grantee 
     demonstrates sufficient attempts to secure private financing 
     or indicates that the project is not independently 
     commercially viable.'' after ``relevant research agencies.'';
       (3) in subsection (l)(1), by inserting ``and once every 6 
     years thereafter,'' after ``operation for 6 years,''; and
       (4) by redesignating subsection (n) as subsection (o) and 
     inserting after subsection (m) the following new subsection:
       ``(n) Protection of Proprietary Information.--
       ``(1) In general.--The following categories of information 
     collected by the Advanced Research Projects Agency-Energy 
     from recipients of financial assistance awards shall be 
     considered privileged and confidential and not subject to 
     disclosure pursuant to section 552 of title 5, United States 
     Code:
       ``(A) Plans for commercialization of technologies developed 
     under the award, including business plans, technology to 
     market plans, market studies, and cost and performance 
     models.
       ``(B) Investments provided to an awardee from third 
     parties, such as venture capital, hedge fund, or private 
     equity firms, including amounts and percentage of ownership 
     of the awardee provided in return for such investments.

[[Page H3196]]

       ``(C) Additional financial support that the awardee plans 
     to invest or has invested into the technology developed under 
     the award, or that the awardee is seeking from third parties.
       ``(D) Revenue from the licensing or sale of new products or 
     services resulting from the research conducted under the 
     award.
       ``(2) Effect of subsection.--Nothing in this subsection 
     affects--
       ``(A) the authority of the Secretary to use information 
     without publicly disclosing such information; or
       ``(B) the responsibility of the Secretary to transmit 
     information to Congress as required by law.''.

              Subtitle G--Authorization of Appropriations

     SEC. 681. AUTHORIZATION OF APPROPRIATIONS.

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

                        Subtitle H--Definitions

     SEC. 691. DEFINITIONS.

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

          TITLE VII--DEPARTMENT OF ENERGY TECHNOLOGY TRANSFER

                         Subtitle A--In General

     SEC. 701. DEFINITIONS.

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

     SEC. 702. SAVINGS CLAUSE.

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

       Subtitle B--Innovation Management at Department of Energy

     SEC. 712. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.

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

     SEC. 713. SENSE OF CONGRESS.

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

     SEC. 714. NUCLEAR ENERGY INNOVATION.

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

    Subtitle C--Cross-Sector Partnerships and Grant Competitiveness

     SEC. 721. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT 
                   PROGRAM.

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

[[Page H3197]]

     Space, and Technology of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate an 
     annual report that accounts for all incidences of, and 
     provides a justification for, non-Federal entities using 
     funds derived from a Federal contract or award to carry out 
     agreements pursuant to this section.

     SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

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

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

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

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

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

     SEC. 725. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.

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

                    Subtitle D--Assessment of Impact

     SEC. 731. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

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

          TITLE XXXIII--NUCLEAR ENERGY INNOVATION CAPABILITIES

     SEC. 3301. SHORT TITLE.

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

     SEC. 3302. NUCLEAR ENERGY.

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

     ``SEC. 951. NUCLEAR ENERGY.

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

     SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS.

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

     SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE.

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

     SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING 
                   SUPPORT.

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

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

       Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 
     16275) is amended--
       (1) by striking subsections (c) and (d); and
       (2) by adding at the end the following:

[[Page H3198]]

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

     SEC. 3307. SECURITY OF NUCLEAR FACILITIES.

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

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

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

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

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

     SEC. 3309. ENABLING NUCLEAR ENERGY INNOVATION.

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

     ``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION.

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

     SEC. 3310. BUDGET PLAN.

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

     ``SEC. 959. BUDGET PLAN.

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

     SEC. 3311. CONFORMING AMENDMENTS.

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

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

  The SPEAKER pro tempore. The bill shall be debatable for 1 hour, 
equally divided among and controlled by the chair and ranking minority 
member of the Committee on Energy and Commerce and the chair and 
ranking minority member of the Committee on Natural Resources.
  The gentleman from Kentucky (Mr. Whitfield), the gentleman from 
Illinois (Mr. Rush), the gentleman from Arkansas (Mr. Westerman), and 
the gentleman from California (Mr. Huffman) each will control 15 
minutes.
  The Chair recognizes the gentleman from Kentucky.


                             General Leave

  Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material on S. 2012.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Kentucky?
  There was no objection.
  Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, today I rise in support of the House amendment to S. 
2012, the Energy Policy Modernization Act of 2016.
  In December of last year, the House passed H.R. 8, the North American 
Energy Security and Infrastructure Act of 2015, which is a large 
portion of the language we are considering today. This legislation, 
together with provisions from the Committee on Natural Resources and 
the Committee on

[[Page H3199]]

Science, Space, and Technology, would be the first major piece of 
energy legislation in 8 years, and it addresses many outdated aspects 
of our Federal energy policy.
  Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. 
Upton), the chairman of the Committee on Energy and Commerce.
  Mr. UPTON. Mr. Speaker, I would like to wish the chairman a happy 
birthday.
  It has been nearly a decade since we last considered an energy 
package like this. In that time, a lot has changed. Continued 
innovation and discovery across the energy sector have brought about a 
new landscape of abundant supply and tremendous potential for economic 
growth. This has been a multiyear, multi-Congress effort, and a lot of 
work has gone in to make sure that the bill that we put forward to 
support the future of American energy is truly comprehensive. Together 
with our colleagues, I am proud to be moving this legislation one step 
closer to becoming the new reality for energy producers and consumers 
across the country.
  This bill is about jobs. It is about keeping energy affordable. It is 
about boosting our energy security here and across the globe. H.R. 8 is 
the embodiment of an all-of-the-above energy strategy. One of the most 
important provisions is, in fact, modernizing and protecting critical 
energy infrastructure, including the electric grid, from new threats, 
including severe weather from climate, cyber threats, and physical 
attacks as well.
  It helps to foster and promote new 21st century energy jobs by 
ensuring that the Department of Energy and our labs and universities 
work together to train the energy workforce and entrepreneurs of 
tomorrow. It makes energy efficiency, including Federal Government 
energy efficiency, a priority, and focuses less on creating new 
mandates and subsidies to incentivize behavior and more on market 
changes and using the government as an example.
  Finally, it helps update existing laws that bring some added 
certainty to permitting processes and helps to promote using our 
abundant resources to aid in diplomacy. For example, by streamlining 
the approval process for projects such as the interstate natural gas 
pipelines and LNG export facilities, the legislation will allow 
businesses at the cutting edge of research to keep putting the full 
scope of energy abundance to work for consumers both here and abroad. 
This allows us to provide an energy lifeline to our allies across the 
globe.
  Provisions within H.R. 8 and others that have been included in the 
amendment under consideration today also seek to capitalize on energy 
sources that the administration has rejected. H.R. 8 brings much-needed 
reforms to the hydropower licensing process as well, a clean energy 
source that, together with nuclear, provides some 25 percent of the 
United States' electricity, with no greenhouse gas emissions. It is 
imperative that hydropower remains a vital part of any future.
  The all-of-the-above energy strategy also means that the future of 
American energy does not need to be a series of choices between the 
environment and the economy. By introducing 21st century regulatory 
reforms that reflect our energy abundance, and with the DOE's 
Quadrennial Energy Review as a guide, this bill will help bring about 
needed reforms and continued innovation across the energy sector.
  The legislation before us today is the product of a thorough 
assessment of the gap that we face between our stale energy regulations 
and our budding energy supply. H.R. 8 closes the gap. I urge my 
colleagues to support it.
  Mr. RUSH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, when members of the Committee on Energy and Commerce 
first began to address a comprehensive bipartisan energy bill in the 
beginning of 2015, there was a sense of hopefulness, a sense of 
optimism that the committee would once again set the standard for 
working together to get things done on behalf of the American people in 
a spirit of bipartisan cooperation.
  At that time, Mr. Speaker, many of us on the minority side had 
enormous expectations that we would draft a bill that would move our 
energy policy forward in a manner befitting the challenges facing our 
Nation in this, the 21st century.
  Specifically, Mr. Speaker, from my perspective, a comprehensive 
energy bill would need to modernize the Nation's aging energy 
infrastructure, train a 21st century workforce, and address the 
critically important issue of manmade climate change. Unfortunately, 
Mr. Speaker, none of these issues are addressed in the bill that we are 
voting on here today.
  This 800-page hodgepodge of Republican and corporate priorities is 
nothing more than a majority wish list of strictly ideological bills, 
many of which the minority party opposes and the Obama administration 
and the American people do not support.
  Outside of just a few minor crumbs thrown in to represent the 
priorities of the minority party, including my workforce development 
legislation, the bill almost contains nothing that the American people 
could support or rally behind. Specifically, Mr. Speaker, the 
underlying bill, H.R. 8, does little more than take us backwards in 
terms of energy policy, while also providing loopholes to help industry 
avoid accountability and to avoid further regulation.
  H.R. 8 contains efficiency provisions that will actually increase 
energy use and energy costs to consumers, putting industry interests 
above the public interest.
  The bill's hydropower title weakens longstanding environmental review 
procedures and curtails State, local, and tribal authority over 
projects in their respective lands.
  Mr. Speaker, the bill flagrantly binds the U.S. to an outdated 
dependency on fossil fuels while failing to offer any constructive, 
forward-looking policies to incentivize the development and the 
deployment of clean energy.
  As you know, Mr. Speaker, many of the bills contained in the House 
amendment include controversial provisions that the minority party has 
repeatedly opposed at both the committee level as well as here on the 
House floor. Additionally, Mr. Speaker, many of these same poison pill 
amendments in the bill have already received veto threats from the 
Obama administration.
  So, Mr. Speaker, with a bill that fails to modernize our energy 
infrastructure, that fails to invest in job-creating clean energy 
technologies, and that fails to cut carbon pollution, it is safe, Mr. 
Speaker, to proclaim to this body that we still have a long, hard, and 
cumbersome road ahead if we are ever to reach a point of finding 
consensus, bipartisan consensus.
  Unfortunately, Mr. Speaker, I cannot support this bill before us. I 
urge my colleagues to oppose it as well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Oregon (Mr. Walden), who is a member of the Committee on 
Energy and Commerce and is quite familiar with energy issues.
  Mr. WALDEN. I thank my colleague from Kentucky for his great work on 
this legislation and his thoughtful leadership on these issues over 
many years.
  Mr. Speaker, for all your work on this legislation to make much-
needed reforms to modernize energy policy into something that better 
promotes affordability, reliability, and ensures we have the energy we 
need to continue growing jobs in our communities, I say thank you.
  Among the many strong provisions in this bill, several are 
particularly important to the West and our rural communities across 
central, eastern, and southern Oregon.
  For farmers and ranchers in the Klamath Basin, this bill ensures that 
they will actually get a formal seat at the table when there is 
consultation with Federal agencies on decisions under the ESA. 
Irrigators in this area have long been impacted by these decisions, and 
it is only fair they should have an equal seat at the table with other 
entities during these discussions.
  Perhaps one of the timeliest provisions, Mr. Speaker, as we head into 
forest fire season in the West, are the provisions that provide for 
streamlined planning and would reduce frivolous lawsuits and speed up 
the pace of forest management across our public lands.
  This House, 4 years in a row now, after we pass this, has considered 
much-needed legislation to fix the management of our Federal forests. 
Now the Senate will have an opportunity to join us in this effort, as 
we

[[Page H3200]]

amend this legislation and send it on over to the Senate. Our forested, 
rural communities, Mr. Speaker, have waited long enough. They have 
choked on smoke summer after summer long enough. They have seen their 
watersheds get destroyed by catastrophic fire. It is time to fix the 
problem.
  Now, a couple other specifics, Mr. Speaker, on national forests 
across eastern Oregon.
  Forest managers' hands are tied by a one-size-fits-all rule 
prohibiting the harvest of trees over 21 inches in diameter. This 
measure was implemented temporarily in 1997 but still has not been 
lifted 20 years later, just about. It represents really poor science. 
It only serves as a source of frequent appeals and litigation. 
Repealing this will give our forest managers the flexibility they need 
to use modern science to actually manage the forests for healthier 
conditions.

                              {time}  1430

  Last month the Bureau of Land Management released their proposed 
resource management plan for Oregon's unique O&C lands in southern and 
western Oregon. Frankly, it is a terrible plan.
  Despite a clear statutory requirement that they manage these lands 
for sustainable timber production and revenue to the counties--dare I 
say, jobs in the community--the BLM's plan goes the other way. It locks 
up 75 percent of the lands and harvests less than half the minimum 
level directed by the O&C Act. This is a job killer.
  This bill includes bipartisan legislation that I wrote, working with 
my colleagues from Oregon, Representatives DeFazio and Schrader, to cut 
costs, increase timber harvest and revenue to local counties, and 
direct BLM to revise their flawed management plan to actually reflect 
the underlying act.
  Mr. Speaker, this is good energy legislation. This is good natural 
resource legislation. This is sound environmental legislation. I urge 
its passage.
  Mr. RUSH. Mr. Speaker, I yield 4 minutes to the gentleman from New 
Jersey (Mr. Pallone), the outstanding ranking member of the full 
committee.
  Mr. PALLONE. Mr. Speaker, I want to thank Mr. Rush for managing the 
opposition to the bill so successfully.
  Mr. Speaker, today we are considering the House amendment to S. 2012, 
the mistitled North American Energy Security Act of 2016. This 
legislation once again shows us the vastly different paths taken by the 
two Chambers of Congress.
  On the one hand is the Senate energy bill that the House intends to 
go to conference on. It passed by a vote of 85-15 because it is 
balanced and because it contains a number of nonenergy provisions that 
the public supports overwhelmingly, such as permanent funding for the 
Land and Water Conservation Fund. On the other hand, the House energy 
bill was the result of a highly partisan process that the President 
threatened to veto.
  As we prepare to head to conference, we have a second chance to do 
things right and to produce a new, bipartisan energy bill. 
Unfortunately, that is not what we are doing today. The Republican 
majority has decided to replace the consensus Senate bill with a new 
pro-polluter package that dwarfs the original H.R. 8.
  When crafting the House amendment before us today, the Republican 
caucus decided to tack on over 30 extraneous bills to an already bad 
piece of energy legislation that the President promised to veto. While 
a number of these new additions are noncontroversial bills, many of 
these provisions are divisive, dangerous, and have drawn veto threats 
of their own.
  The House amendment to S. 2012 weakens protections for public health 
and the environment, undermines existing laws designed to promote 
efficiency, and does nothing to help realize the clean and renewable 
energy policies of the future.
  And, of course, this so-called energy infrastructure bill provides 
absolutely no money to modernize the grid or our pipeline 
infrastructure.
  The House amendment is a backward-looking piece of energy legislation 
at a time when we need to move forward.
  Let me highlight some of the most harmful provisions solely from the 
jurisdiction of the Energy and Commerce Committee.
  This bill eliminates the current Presidential permitting process for 
energy projects that cross the U.S. border. Such action would create a 
new, weaker process that effectively rubber-stamps permit applications 
and allows the Keystone pipeline to rise from the grave.
  It makes dangerous and unnecessary changes to the FERC natural gas 
pipeline siting process at the expense of private landowners, the 
environment, and our national parks.
  It harms electricity consumers at all levels by interfering with 
competitive markets to subsidize uneconomic generating facilities. 
These facilities would otherwise be rejected by the market in favor of 
lower cost natural gas and renewable options.
  It strikes language in current law that requires Federal buildings to 
be designed to reduce consumption of fossil fuels.
  It creates loopholes that would permit hydropower operators to dodge 
compliance with environmental laws, including the Clean Water Act, and 
gives preferential treatment to electric utilities at the expense of 
States, tribes, farmers, and sportsmen.
  It contains an energy efficiency title that, if enacted, would result 
in a net increase in consumption and greenhouse gas emissions compared 
to current law.
  Frankly, Mr. Speaker, this is not a legitimate exercise in 
legislating, and it speaks volumes about the total lack of seriousness 
with which House Republicans are approaching this conference. We should 
be trying to narrow the differences and move closer to the bipartisan 
Senate product.
  Instead, we are going in the opposite direction, voting on an 800-
page monstrosity energy package that the Republican leadership has 
stitched together from pieces of pro-polluter bills that passed the 
Senate only to die in the Senate or on the President's desk.
  Voting once on these fundamentally flawed ideas was more than enough. 
We shouldn't make a mockery of the conference process and be using the 
House floor to try to raise the dead.
  The House amendment to S. 2012 has one central theme binding its 
energy provisions: an unerring devotion to the energy of the past. It 
is the Republican Party's 19th century vision for the future of U.S. 
energy policy in the 21st century.
  I strongly oppose the House amendment, obviously, and I urge my 
colleagues to do the same.
  Mr. WHITFIELD. Mr. Speaker, I yield 5 minutes to the gentleman from 
Texas (Mr. Smith), who is a real expert on energy issues.
  Mr. SMITH of Texas. Mr. Speaker, first of all, I want to thank the 
gentleman from Kentucky, Chairman Whitfield, for yielding me time.
  I am pleased to support the House amendment to the Senate Energy 
Policy Modernization Act.
  Division D of this legislation includes the three energy titles from 
the Science Committee's House-passed legislation, H.R. 1806, the 
America Competes Reauthorization Act of 2015, and H.R. 4084, the 
Nuclear Energy Innovation Capabilities Act. Division D is both pro-
science and fiscally responsible and sets America on a path to remain 
the world's leader in innovation.
  America's economic and productivity growth relies on government 
support of basic research to enable the scientific breakthroughs that 
fuel technological innovation, new industries, enhanced international 
competitiveness, and job creation.
  Title V reauthorizes the Department of Energy Office of Science for 2 
years. It prioritizes the National Laboratories' basic research that 
enables researchers in all 50 States to have access to world-class user 
facilities, including supercomputers and high-intensity light sources.
  The bill prevents duplication and requires DOE to certify that its 
climate science work is unique and not replicated by other Federal 
agencies.
  Title VI likewise reauthorizes DOE's applied research and 
developmental programs and activities for fiscal year 2016 and fiscal 
year 2017. It restrains the unjustified growth in spending on late-
stage commercialization efforts and focuses instead on basic and 
applied research efforts.
  Division D also requires DOE to provide a regular strategic analysis 
of science and technology activities within the Department, identifying 
key

[[Page H3201]]

areas for collaboration across science and applied research programs.
  This will reduce waste and duplication and identify activities that 
could be better undertaken by States, institutions of higher education 
or the private sector, and areas of subpar performance that should be 
eliminated.
  Title VII proposes to cut red tape and bureaucracy in the DOE 
technology transfer process. It allows contractor operators of DOE 
National Laboratories to work with the private sector more efficiently 
by delegating signature authority to the directors of the National Labs 
themselves rather than DOE contracting officers for cooperative 
agreements valued at less than $1 million.
  Also included is H.R. 4084, Energy Subcommittee Chairman Randy 
Weber's House-passed Nuclear Energy Innovation Capabilities Act. It 
provides a clear timeline for DOE to complete a research reactor user 
facility within 10 years. This research reactor will enable proprietary 
and academic research to develop supercomputing models and design next 
generation nuclear energy technology.
  H.R. 4084 creates a reliable mechanism for the private sector to 
partner with DOE labs to build fission and fusion prototype reactors at 
DOE sites.
  Overall, Division D sets the right priorities for Federal civilian 
research, which enhances U.S. competitiveness while reducing spending 
and the Federal deficit by over $550 million.
  I encourage my colleagues to support this bill.
  Mr. RUSH. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Florida (Ms. Castor), an outstanding and hardworking member of the 
Energy and Power Subcommittee and the Energy and Commerce full 
committee.
  Ms. CASTOR of Florida. I thank the gentleman, Ranking Member Rush, 
for his leadership on energy solutions for America.
  Mr. Speaker, I rise in opposition to the Republican amendment because 
it is a giveaway to special interests and it is a missed opportunity to 
craft a bipartisan package of energy policies that meet the challenges 
of the 21st century and boost America's clean energy economy.
  The GOP-led Congress is out of sync with the American public and out 
of touch with what is happening in electricity generation across 
America.
  The future is about energy efficiency and geothermal, renewables like 
solar, wind power, and biomass. In fact, the U.S. Energy Information 
Administration says renewable energy is the world's fastest growing 
energy source.
  That means innovative, cost-saving energy investments for our 
neighbors and businesses back home. That means we are going to create 
jobs through the clean energy economy and, at the same time, reduce 
carbon pollution.
  Instead, in this amendment, the GOP doubles down on dirty fuel 
sources. It logrolls 36 bills into a single package that, in many 
cases, eliminates environmental reviews, and the experts say the bill 
will actually accelerate climate change.
  So if the Republican energy package was a car, it wouldn't just be 
stuck in neutral, it would be stuck in reverse because it harkens back 
to the energy policies of decades ago rather than America's growing 
clean energy economy of the future.
  Let's not go backwards. Let's move Americans forward and put money 
back into the pockets of our hardworking neighbors.
  I urge the House to reject the GOP amendment.
  Mr. WHITFIELD. Mr. Speaker, I would like to inquire how much time is 
remaining on both sides.
  The SPEAKER pro tempore. The gentleman from Kentucky has 4\3/4\ 
minutes remaining. The gentleman from Illinois has 4 minutes remaining.
  Mr. WHITFIELD. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Valadao).
  Mr. VALADAO. Mr. Speaker, I want to thank my colleagues on both 
committees of jurisdiction here, Energy and Commerce and Natural 
Resources. The language that they allowed to be put into this energy 
bill from my water bill is something that truly makes a difference for 
the constituents of the Central Valley.
  We have been suffering over these last few years, and what it has 
done is devastated our communities. We have unemployment numbers 
reaching as high as 30 and 40 percent. We see numbers even in some 
smaller communities as high as 50 percent. To see these things happen 
in our communities is a total tragedy, and it doesn't have to happen. 
All we need is some commonsense legislation.
  We have tried reaching out. We have passed legislation out of the 
House a few different times. We have negotiated and tried to get 
somewhere, but we weren't able to do it.
  So finding another way to get this onto our Senators' desks so that 
they can actually take some action and get it to the President's desk 
is of the utmost importance.
  I appreciate all the leadership and all the help from both committees 
to help this move forward.
  Mr. RUSH. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, I thank Ranking Member Rush. I also want 
to thank my colleagues on the Energy and Commerce Committee, including 
the chairman of the subcommittee, for their hard work.
  I am pleased to have several bipartisan measures included in the 
legislation, including reforming hydropower licensing, addressing 
efficiency in Federal buildings, enhancing the energy-water nexus, 
verification of cyber-resilient products for the grid, authorization of 
water programs, an update of our national policy on the future of the 
grid, and smart grid-capable labels on products to enhance consumer 
choice.
  These are items I believe should remain in any final energy package. 
Unfortunately, the Republicans have loaded the bill with 
nonconstructive language.
  One such provision is language from H.R. 2898 that would harm 
California's delta and the economies of the families, farmers, and 
communities I represent. There is no way this language should be part 
of an energy package. It is just an add-on. It just shows how desperate 
the Republicans are to push through this bad policy.
  Because of this, I regretfully oppose this legislation.
  Mr. Speaker, our Nation's energy and electricity systems need 
upgrades and modernization. Climate change needs to be addressed. The 
Senate companion bill does not address these issues.
  So, again, unfortunately, I have to oppose this legislation.

                              {time}  1445

  Mr. WHITFIELD. Mr. Speaker, I reserve the balance of my time.
  Mr. RUSH. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Garamendi).
  Mr. GARAMENDI. Mr. Speaker, I want to say we have been here before. 
Last night we argued about undertaking the water wars of California. 
Once again, here we are. This time, as last night, legislation dumped 
into this energy bill that will gut the environmental protections of 
the delta and San Francisco Bay, destroy the fisheries, destroy the 
economy of the delta and water for millions of people.
  Why would we want to do this?
  Well, presumably, to take care of the water interests of the San 
Joaquin Valley, not southern California, but the San Joaquin Valley 
alone. It makes no sense whatsoever. It is the wrong policy.
  We have to let science govern the delta. We have to operate the delta 
based upon the very best possible science available, do the pumping, do 
the exports, consistent with the protection of the ecology and the 
environment of the delta; that is fish, that is the land, that is the 
water systems.
  The ESA, the Clean Water Act, and the biological opinions, cannot be 
overrun. Yet, this legislation does exactly that.
  We ought to vote ``no'' on this bill. These particular sections 
should be removed.
  Mr. WHITFIELD. Mr. Speaker, I reserve the balance of my time.
  Mr. RUSH. Mr. Speaker, may I inquire how much time I have remaining?
  The SPEAKER pro tempore. The gentleman from Illinois has 1\1/2\ 
minutes remaining.
  Mr. RUSH. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I just want to reemphasize that, for the minority side 
to support this bill and its going forward,

[[Page H3202]]

there must be provisions included in the bill that will address the 
deeply felt concern that our Members have continually expressed.
  Specifically, Mr. Speaker, our Members would like to see funding to 
modernize the Nation's energy infrastructure. Our Members want to see 
investment in clean energy technology. Our Members want to see 
resources to train a 21st century workforce. Our Members want to see 
policies to transition our economy away from the energy sources of the 
past and towards the sustainable energy sources of the future.
  Mr. Speaker, without these provisions, this bill won't go very far.
  Mr. Speaker, I encourage all Members of this House to vote ``no'' on 
this so-called energy bill. It is a relic. It is backwards-looking. It 
puts the Nation on a reverse course.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  To our friends on the other side of the aisle, I want to thank them 
for working with us on this legislation. I know it is difficult to 
please everyone.
  Any time you talk about energy today, of course, people raise the 
issue of climate change. And I might say that America does not have to 
take a back seat to any country in the world on climate change. We have 
64 different government programs addressing climate change, so I think 
America is doing more on that issue than anyone else.
  But we have other problems that we have to deal with as well. For 
example, the U.S. Energy Information Administration estimates that 
power outages in America cost Americans at least $150 billion annually. 
One of the reasons we have a lot of power outages is because of our 
infrastructure needs, but also because of regulations coming out of 
this administration.
  One of the provisions in this bill requires FERC to analyze the 
impact on electric reliability of new Federal regulations that have 
many experts concerned. So we want an analysis of all these regulations 
and its impact on reliability.
  We have heard a lot of discussion about the need for work-training 
programs for people to work in energy, in the renewable sector, and all 
sectors. And we had a serious discussion with our friends on the other 
side of the aisle as we were marking up this legislation. We had 
basically agreed on a provision to provide training for African 
Americans, for Hispanics, for women, and for other minorities, to get 
them involved in the energy field, which we all wanted to do. We even 
provided some money for that training program.
  But we had said, if we do this, we want to change a couple of 
provisions in the 2005 Energy Policy Act. For example, in that act, 
there was a prohibition against the Federal government in Federal 
buildings using any fossil fuels after the year 2030.
  We think that is pretty draconian. So we said we are not going to 
mandate the use of fossil fuels, but in keeping even with the 
President's statements about an all-of-the-above energy policy, we 
wanted a provision in there that would repeal that so if there was a 
time in the future when we needed fossil fuels because fossil fuels are 
still providing about 50 to 60 percent of all the electricity in 
America--even more than that--coal and natural gas.
  So this provision simply says we are going to allow it. We are not 
mandating it, but the government has the option, after 2030, of using 
fossil fuel in government buildings. We think that is a sensible 
approach, but our friends on the other side of the aisle had dug in the 
sand so much, they refused that: We will not support it if that is in 
there.
  So some of these provisions that we all wanted, we don't have in 
here, but we are trying to do the best that we can do.
  I think this is a major step forward for the American people, and I 
would urge everyone to support S. 2012, the Energy Policy Modernization 
Act of 2016, and the House amendment to it.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in strong support for the inclusion of H.R. 2647, the 
Resilient Federal Forests Act, in the House amendment to S. 2012.
  The House passed H.R. 2647 with 262 bipartisan votes last July, and 
it has been waiting for Senate action since then.
  When we passed the bill nearly a year ago, we knew we were facing a 
severe wildfire season. We were correct. More than 10.1 million acres 
of forest land burned across the country, the largest number of acres 
ever recorded. Over 4,500 homes and other structures were destroyed.
  Mr. Speaker, these fires destroyed valuable resources, and emitted in 
the order of magnitude of 100 million tons of carbon into the 
atmosphere while burning up the equivalent renewable energy stored in 
our forests of 20 to 30 billion gallons of gasoline. Tragically, these 
fires also claimed the lives of seven firefighters who worked 
courageously to stop the spread of these wildfires into communities.
  When the House passed H.R. 2647 last summer, we hoped that the 
passage would spur action from the Senate. Unfortunately, that has not 
been the case. We have waited patiently for the Senate to offer its own 
legislation so we could sit down and negotiate a compromise. However, 
that has not been the case, so we should again ask the Senate to act on 
forestry reform.
  H.R. 2647 is premised on a simple idea: that the Forest Service and 
the BLM need to do more work to restore the health and resilience of 
our Nation's forests.
  We understand the problem clearly. Our forests are overgrown due to 
years of neglect. This problem cannot be solved immediately, but we 
have an obligation to our rural communities to do everything we can to 
help mitigate the problem.
  In drafting this bill, we included provisions which would allow our 
Federal land management agencies to be able to shorten lengthy 
environmental review periods when they already understand the 
environmental impacts of a proposed management action. This bill also 
encourages and rewards collaboration between diverse stakeholder 
groups.
  The Natural Resources Committee recognizes the chilling effect of 
unnecessary litigation and how that can prevent needed restoration work 
from occurring in our Nation's forests. The committee heard testimony 
from a variety of experts who testified about how restoration work is 
not being proposed by the Forest Service for fear that it will be 
litigated.
  My bill takes the simple step of requiring anyone who litigates a 
forest management project to post a bond if they are challenging a 
project put forth by a collaborative effort. It is not unreasonable to 
ask a litigant who threatens an urgently needed project that is put 
forth by a diverse group of stakeholders to have some skin in the game.
  This bill also recognizes the reality that we must rethink the manner 
in which we fund the fighting of catastrophic wildfires. The Forest 
Service is burdened with having to transfer funds from other accounts 
in order to cover the cost of wildfire suppression. Just last year, the 
Forest Service was forced to transfer $243 million from other agency 
accounts during 1 week in August in order to pay for firefighting 
costs. These transfers disrupt the very work that reduces the risk of 
wildfires in the first place.
  H.R. 2647 addresses this issue by allowing catastrophic wildfires to 
be treated like any other natural disaster. The Department of 
Agriculture and the Department of the Interior would be able to access 
FEMA's Disaster Relief Fund to help fight wildfires when all 
appropriated accounts are exhausted. This provision was drafted in a 
fiscally responsible manner to ensure that fighting these fires does 
not become a drain on our budget.
  Mr. Speaker, this bill will not make a difference in the health of 
our Nation's Federal forests overnight, but it provides urgently needed 
tools to help our land management agencies to reduce the threat of 
catastrophic wildfires in our communities and to be good stewards of a 
treasured national resource.
  I urge my colleagues to support the House amendment to S. 2012 so 
that we can go to conference and work out a solution to the many 
problems facing our Nation's Federal forests.

[[Page H3203]]

  Mr. Speaker, I reserve the balance of my time.
  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  Today I rise in opposition to the litany of bad, environmentally 
harmful bills that the House Republican leadership is offering in place 
of the bipartisan Senate energy bill.
  Now, the Senate bill, S. 2012, was sound policy and represented real 
progress on many important issues, but the package we are considering 
today is a dangerous threat. Not only is this package bad for drought-
stricken States like California, but it includes a wish list of 
giveaways for the fossil fuel and mining industries, it undermines 
vital Endangered Species Act protections, and it undermines public 
review.

                              {time}  1500

  This is not a promising start to conference negotiations. Why are we 
wasting our time on a package of partisan bills that we have considered 
before and which we all know will never be signed into law?
  Even worse than the substance, Republicans shot down the request to 
consider this bill under an open amendment process. Now, I, for one, 
would have recommended many changes if we were allowed to consider this 
very controversial omnibus bill under regular order. Just to name a 
few:
  The House amendment we are considering today continues the unending 
threats that Congress poses under current management to the health of 
the bay delta and the vital salmon runs that are so important to 
California and to my district, not to mention specific threats to the 
San Joaquin River and to the Klamath and Trinity River systems, their 
salmon fisheries, and the people that depend upon them;
  The House amendment we are considering today would bring back from 
the dead the undeniably harmful Keystone XL pipeline;
  The House amendment we are considering today would roll back building 
codes;
  It would be harmful to forest management policy and wildfire 
mitigation because it uses a short-sighted model for funding instead of 
bringing forward the actual fix to the fire borrowing problem, the 
bipartisan legislation by Representatives Simpson and Schrader that I 
have supported each of the last several years but we never seem to be 
able to actually bring to a vote in this House.
  I urge my colleagues today to vote for the Senate energy bill in its 
current form, in its original form, which is the result of true, 
bipartisan compromise, so we can actually get that legislation and all 
of its useful provisions over the finish line.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Wyoming (Mrs. Lummis).
  Mrs. LUMMIS. Mr. Speaker, I am pleased this amendment will improve 
the stewardship of public lands, water, and natural resources 
throughout the West.
  I am pleased to see Western priorities included in this bill, from 
the drought-stricken California to the responsible production of 
strategic and critical minerals on Federal lands. They are critical to 
national defense and make possible modern amenities like smartphones 
and tablets.
  On tribal lands, the House amendment will empower tribes with more 
authority over their own land. The best forestry bill we have seen in 
years came from Mr. Westerman, and he just talked about it.
  Finally, the sportsmen's title will restore much-needed attorney fee 
transparency under the Equal Access to Justice Act. This law was 
created to help small businesses, veterans, and Social Security 
beneficiaries when they have to take the Federal Government to court. 
But it is being used on endless public lands litigation with 
consequences for sportsmen's access and other multiple use of public 
lands.
  Finally, this would reinstate the Fish and Wildlife Service's own 
rulemaking regarding gray wolves in Wyoming and Western States.
  Mr. Speaker, I urge my colleagues' support.
  Mr. HUFFMAN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Stockton, California (Mr. McNerney), who continuously fights for his 
district's water interests and the interests of California as they 
pertain to our most important estuary, the bay-delta system.
  Mr. McNERNEY. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, we had a debate last night about a familiar issue--
California's drought. It is something that impacts all of us, including 
Oregon and Washington State, not just people south of the delta.
  Unfortunately, H.R. 2898 was included in the Energy and Water 
Development appropriations bill, and it is alarming that the House 
Republicans have tacked the same language onto the energy bill. This 
shows the desperation of the House Republicans to force this bad 
legislation through.
  As I said last night, these provisions would further drain freshwater 
from the California delta. These provisions would damage the delta's 
ecosystem and harm the communities I represent. It harms some people to 
benefit others just because one side has the power to do it.
  I represent the seventh largest agricultural county in the Nation, so 
I understand the needs of farmers and ranchers and the impact that 
water has on the ability to produce the Nation's fruits, nuts, and 
vegetables.
  Unfortunately, H.R. 2898 would weaken the Endangered Species Act and 
set a precedent of undermining environmental protections. It also 
exacerbates a water war in the West just at a time when we are working 
to bridge those divides. In fact, the State and Federal agencies have 
been working effectively over the past few years to maximize water 
deliveries to the delta to communities down south.
  Federal and State agencies have maximized what little water exists in 
the State. A lack of water is our biggest threat, not operational 
flexibility. Last night we heard about wasted water. What hasn't been 
said is that water that flows to the ocean pushes the saltwater out 
away from our farms and allows a path for salmon to the ocean.
  The majority hasn't reauthorized WaterSmart. They haven't supported 
investments in recycling. They have cut funding for the Department of 
the Interior's efforts to boost water assistance. They haven't voted on 
water infrastructure improvements. How do we prepare for the future 
either in wet or dry years? This House isn't willing to make those 
kinds of investments.
  Our Nation loses approximately 2 trillion gallons of water because of 
aging infrastructure. That is about 6 billion gallons of water wasted 
every day.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. HUFFMAN. Mr. Speaker, I yield the gentleman from California an 
additional 30 seconds.
  Mr. McNERNEY. There are investments that can be made to recycle water 
and find wasteful leakage. For example, the State of Israel recycles 90 
percent of its water. California recycles only 15 percent. Instead, the 
Republicans have pushed language that results in diminished fish 
populations and worsens saltwater intrusion, which affects the water 
being exported that permanently damages some of our most productive 
farmland in the world.
  Mr. Speaker, this is not a solution. It is a step backward. I am 
disappointed with this bill, and I urge my colleagues to oppose it.
  Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from 
Virginia (Mr. Wittman).
  Mr. WITTMAN. Mr. Speaker, I rise to support the House amendment to S. 
2012, the Energy Policy Modernization Act of 2016.
  The House amendment includes the Sportsmen's Heritage and 
Recreational Enhancement Act of 2016, better known as the SHARE Act, 
which passed with bipartisan support in February in the House.
  The SHARE Act is part of a group of commonsense bills that will 
eliminate unneeded regulatory impediments, safeguard against new 
regulations that impede outdoor sporting activities, and protect Second 
Amendment rights. These packages were similarly introduced and passed 
in the 112th and 113th Congresses.

  Outdoor sporting activities, including hunting, fishing, and 
recreational shooting are deeply engrained in the fabric of the United 
States' culture and heritage. Values instilled by partaking

[[Page H3204]]

in these activities are passed down from generation to generation and 
play a significant part in the lives of millions of Americans.
  Much of America's outdoor sporting activity occurs on our Nation's 
Federal lands. Unfortunately, Federal agencies like the U.S. Forest 
Service and the Bureau of Land Management often prevent or impede 
access to Federal land for outdoor sporting activities. Because lack of 
access is one of the key reasons sportsmen and -women stop 
participating in outdoor sporting activities, ensuring the public has 
reliable access to our Nation's Federal lands must remain a top 
priority. The SHARE Act does just that.
  One of the key provisions of this bill, the Recreational Fishing and 
Hunting Heritage Opportunities Act, will increase and sustain access 
for hunting, fishing, and recreational shooting on Federal lands for 
generations to come. Specifically, it protects sportsmen and -women 
from arbitrary efforts by the Federal Government to block Federal lands 
from hunting and fishing activities by implementing an open-until-
closed management policy.
  It also, in the package, provides tools to jointly create and 
maintain recreational shooting ranges on Federal lands and allows the 
Department of the Interior to designate hunter access corridors through 
National Park units so that sportsmen and -women can hunt and fish on 
adjacent Federal lands.
  The package also protects Second Amendment rights and the use of 
traditional ammunition and fishing tackle. It defends law-abiding 
individuals' constitutional rights to keep and bear arms on lands 
managed by the Corps of Engineers and ensures that hunters are not 
burdened by outdated laws preventing bows and crossbows from being 
transported across national parks.
  This important legislation will sustain America's rich hunting and 
fishing traditions, improve access to our Federal lands for responsible 
outdoor sporting activities, and help ensure that current and future 
generations of sportsmen and -women are able to enjoy the sporting 
activities this country holds dear.
  Mr. Speaker, I strongly encourage my colleagues to vote ``yes'' on 
this important achievement.
  Mr. HUFFMAN. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Fresno, California (Mr. Costa).
  Mr. COSTA. Mr. Speaker, I thank Mr. Huffman for yielding me the time.
  Mr. Speaker, I rise to support the amendment in the Energy Policy 
Modernization Act that was reflected in Congressman Valadao's 
legislation, H.R. 2898, of which I am a cosponsor. It is an important 
effort to try to fix California's broken water system.
  We cannot continue to kick this can down the road as we have for the 
last several years. Unfortunately, that is what has continued to 
happen. Farms, farm communities, and farmworkers are desperate to have 
Washington recognize that we cannot continue the status quo.
  Our Nation's food supply is an issue of national security, and we are 
dependent upon it. We don't think about it that way, but it is a fact. 
The drought impacts in California and the West are not going to get 
better. With climate change, they are going to continue to get worse. 
Passing this bill is part of a continuing effort to try to get 
something done. The Federal Government cannot continue to ignore the 
drought and the devastating impacts not only in the San Joaquin Valley, 
but statewide and Western States-wide.
  Parts of the valley are parched and without water, and we must 
continue to raise this issue every way we can. That is why we are doing 
this. Getting this legislation passed is part of an effort to fix 
California's broken water system.
  There was talk about issuing an allocation, and we were hoping for an 
El Nino. Guess what. It didn't happen. We got a 5 percent water 
allocation on the West side. Last year it was zero. The year before it 
was zero. Zero is zero. It means no water.
  So let's try to work together. Let's put aside our talking points and 
the political posturing for not only California farmers, farmworkers, 
and farm communities, but American families who count on having 
nutritious, healthy, and affordable food on their dinner table every 
night.
  Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. LaMalfa).
  Mr. LaMALFA. Mr. Speaker, I thank the gentleman from Arkansas for his 
help and for all his good work and for his vast knowledge of trees and 
forestry. I appreciate it.
  Mr. Speaker, today the House has an opportunity to advance real 
reforms and modernize the outdated policies that are preventing 
responsible management of California's water resources.
  Title I of division C of this measure includes language developed 
through exhaustive bipartisan, bicameral negotiations passed repeatedly 
by the House with bipartisan support. While the House has taken action 
on this issue, including this language today ensures that California's 
Senators can no longer ignore the crisis facing our State.
  This Chamber has heard quite a bit about California's water woes over 
the last few years, including some claims that don't meet the threshold 
of fact, and it is time we set the record straight.
  Some falsely claim this bill prioritizes one area over another. As 
the sole Representative of the source of the vast majority of 
California's usable water, I can state this measure includes the 
strongest possible protections for northern California area of origin 
and senior water rights. It safeguards the most fundamental water right 
of all: that those who live where water originates have access to it. 
That is why northern California water districts and farmers in my area 
strongly support this bill.
  The measure accelerates surface water storage infrastructure projects 
that over two-thirds of Californians voted to fund, updating the system 
last expanded four decades ago. One of these projects, Sites Reservoir, 
would have saved 1 million acre-feet of water this winter alone, enough 
to supply 8 million Californians for a year. We simply can't expect 40 
million people to survive on infrastructure designed for half that, yet 
that is exactly what members of the minority party argue for.
  We have heard wild claims about how this measure could harm 
endangered species, but in reality it lives within the ESA and the 
biological opinions. Rather than alter the ESA--and believe me, I would 
like to--this measure improves population monitoring techniques and 
technology. Wildlife agencies currently base orders to cut off water on 
hunches, not data. This bill would provide actual facts to end the 
arbitrary decisions we have seen in recent years.
  Finally, this bill sensibly allows more water to be stored and used 
during winter storms when river flows are highest and there is no 
impact to fish populations. Even as delta outflows surpassed 100,000 
acre-feet per second this year, as we see in this graphic here, during 
2016, the water saved was even less by a percent than during low-flow 
years.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. WESTERMAN. Mr. Speaker, I yield the gentleman an additional 30 
seconds.
  Mr. LaMALFA. As a result, the lost opportunity of filling one of our 
largest reservoirs. San Luis Reservoir is barely half full. This bill 
ensures that, when we have more water, it is saved for later use, which 
helps all Californians. Why wouldn't we want to do this?
  Mr. Speaker, we can't wait any longer. It is time that we end the 
rhetoric, end the obstruction, and address the crisis that threatens 
our State's strong economic livelihood.
  If Marin County and San Francisco can get all the water they need, 
how is it fair that districts in the Central Valley get only 5 percent 
of their allocation when water is aplenty?

                              {time}  1515

  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  Calling the Valadao water bill bipartisan does not make it genuinely 
so.
  Let me just share with my colleagues what Senator Dianne Feinstein 
has said about this bill. She said it contains ``provisions that would 
violate environmental law,'' which she cannot support.
  California Senator Barbara Boxer said the bill is ``the same-old, 
same-old and will only reignite the water wars.''

[[Page H3205]]

  The Obama administration opposes this bill. The State of California 
not only opposes these provisions, but has opposed all previous 
incarnations of this bill, which has been bouncing around for some 
time, long before the current drought gave it a new drought-related 
title.
  I will just close with what the Fresno Bee has said about this bill.
  The Fresno Bee says about this bill: ``In some cases, it's an 
unabashed GOP wish list'' that has ``little, if anything, in common 
with a 140-page draft water bill floated by Democrats.''
  Mr. Speaker, I yield 3 minutes to the gentlewoman from California 
(Ms. Matsui), who has long fought to protect the delta and the 
interests of her region.
  Ms. MATSUI. Mr. Speaker, I rise in strong opposition to the House 
amendment to S. 2012, the Energy Policy Modernization Act.
  Although this bill contains some important provisions overall, it 
raises barriers to our clean energy future by reversing important 
progress we have made to curb emissions and combat climate change. 
House Republicans have made a bad bill worse by attaching harmful 
provisions that will have a negative impact on consumers, public 
health, and our environment.
  Mr. Speaker, I am particularly concerned that this energy package is 
being used to advance irresponsible, short-term policies in response to 
California's drought. The provisions included in this bill will pit one 
region of our great State against another instead of providing a 
balanced, long-term solution.
  We need to be taking an all-of-the-above approach to our drought by 
advancing wastewater recycling projects, investing in groundwater 
storage, and encouraging new technologies that allow us to responsibly 
manage our water usage.
  I actually grew up on a Central Valley farm. My grandparents farmed 
in Reedley, California, and I grew up in Dinuba. So I understand that 
the debate over water is complicated and personal to so many, but I 
believe that we can balance the needs of our farmers and urban centers 
while protecting our drinking water supply and our ecosystems. Our 
American families deserve an energy package that brings us forward, not 
backwards.
  I urge my colleagues to vote ``no'' on the Energy Policy 
Modernization Act of 2015.
  Mr. WESTERMAN. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. McCarthy), our distinguished, hardworking, and, above 
all, compassionate and fair majority leader.
  Mr. McCARTHY. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, there are places in this world that hold people's 
imagination--Washington, D.C., New York City, and Paris, the great 
rolling plains crossed by American pioneers, and the Himalayan 
mountains touching into the heavens.
  I was blessed, blessed more than I knew, to grow up in such a place, 
a place called California. It is so distinctive and impressive, it is 
unreal. Warm, sun-drenched beaches, snowcapped mountains, great cities, 
forests, deserts, farmland growing fruits, nuts, and vegetables 
stretching as far as the eye can see. It is a place that is always 
filled with promise and potential. In many ways, California's history 
mirrors the history of America. It started as nothing much, but people 
came and they built it. We grew and prospered. We became the envy of 
the world.
  Like America, today, California faces great uncertainty. Some 
problems are the same, shared by the entire Nation, but California and 
almost the entire Western United States are enduring something much 
worse--the drought. The drought has lingered for years. El Nino helped 
alleviate some of the problem, but the drought continues. Communities 
have less water, farmland that once fed the world now sits dry. People 
are losing their livelihoods and their hope. There is no way to end the 
drought, but it doesn't have to be as bad as it is.
  Now, water that can be stored is being lost. Bureaucrats release 
freshwater out to the sea. Our most valuable resource is being wasted.
  This matters today because we are considering a bill from our 
colleagues in the Senate--the Energy Policy Modernization Act. Before 
the Senate passed this bill, they added several provisions, including 
language to address water issues in Washington State.
  I have to say, Mr. Speaker, that I am very happy that the Senate 
brought this up. After all, if we are going to address the water issue 
in Washington State, we should address the water issue across the West. 
So we included in our amendment to the legislation Representative 
Valadao's Western Water and American Food Security Act. We passed this 
last year in the House so we could build more water storage and 
increase our reservoirs while still allowing water to flow through the 
Sacramento delta.
  Water is so necessary for our constituents that we aren't stopping 
with this bill. We have already began consideration of the Energy and 
Water Appropriations bill, which includes even more provisions to deal 
with the drought.
  So there is a simple message for our Democrat colleagues in the 
Senate. House Republicans won't stop. We will keep passing bills until 
our people get the water they need. Because once we get water, so much 
of the uncertainty facing California and the entire West will be 
brushed aside.
  You see, California and America as a whole face a crisis of bad 
governance. Many look around and see life isn't getting any better. 
They wonder if our Nation is in decline.
  But that is not who we are, not as Americans and not as Californians. 
Our best days are not behind us. We will not quietly manage our 
decline. I reject the idea that we have reached the heights of our 
shining city on a hill, and that it is time to come back down to a 
world of limits and uncertainty. The choice is ours to make because as 
Americans we write our own future. That is what this vote means for me 
and for every Californian. The laws governing water are broken. The 
bureaucracy is working against the people. The system is holding us 
back, but this is not how it has to be.
  California has long been a reflection of America's promise. We also 
helped America to realize its promise. We led the way in media, 
technology, agriculture, and even space. Bring the water back and I 
know we will lead America once again, and help to restore hope in our 
future.
  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  I share the majority leader's view that California is a unique and 
iconic and majestic place. I would only add that part of what makes it 
so includes the great rivers and iconic salmon runs in California from 
the Central Valley to the North Coast, where I represent, and the 
incredibly important bay-delta estuary, the most ecologically important 
estuary on the West Coast of the Americas, which despite all of the 
damage we have done to it over the past 100-plus years, still teams 
with waterfowl and wildlife and still supports salmon that are the 
staple of the commercial salmon fishing industry, not just in 
California, but in Washington and Oregon.
  That is why groups who advocate for these fisheries, folks who make 
their living by depending on these fish, are uniformly against the 
Republican water bill that has been added in by way of this amendment. 
Fishing jobs matter, too. It is part of what makes California great. 
There is no one that understands that better than my colleague, Mike 
Thompson.
  Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. 
Thompson).
  Mr. THOMPSON of California. Mr. Speaker, I thank my friend for 
yielding time.
  Mr. Speaker, I rise in opposition to the amendment to the Senate bill 
that is before us.
  California is in a true state of emergency when it comes to water. We 
are in a multiyear drought. And even after this winter's El Nino, only 
one of our State's reservoirs are filled to capacity.
  The drought is having a serious impact on families, on farms, on 
farmers, on fishers, and on businesses across California. We need 
science-based, long-term solutions to our State's water challenges, and 
this bill is not the solution.
  It won't help our State to improve water efficiency and make the most 
of the water that we have. It is based on the misguided assumption that 
our

[[Page H3206]]

water crisis can be remedied by pumping more water south. The truth is 
we haven't pumped more water south because there simply isn't enough 
water. We are in a drought.
  The provisions we are debating today redefine the standard by which 
the Endangered Species Act is applied. This will weaken the law, 
increase the risk of species extinction, and lead to costly litigation.
  You will hear the other side talk about how this is necessary because 
we are letting millions of gallons of water wash out to sea in order to 
protect fish when that water could have been pumped to farmers in 
California's Central Valley.
  The reality is that water needs to keep moving through the delta so 
that saltwater doesn't wash in, jeopardizing water quality for farms 
and for communities, including cities in my district that rely on the 
delta for their freshwater supply.
  It is important to note that this bill sets a dangerous precedent for 
every other State in our country. California has a system of water 
management rules that have endured for a long time, but this bill 
overrides water regulations developed by Californians themselves, and 
tells local resource managers and water districts how to administer 
their water supplies.
  If we pass this bill, we are telling every State in America that we 
are okay with the Federal Government undermining local experts and 
State laws from coast to coast.
  We need real solutions that are based on science and that work for 
everyone. If you can set the science aside in California, you can do it 
anywhere. You have no protection for your resources.
  This isn't about farmers versus fish. It is about saving salmon, 
saving cities in the delta, delta farmers, north of delta farmers, and 
resources across our country.
  I am not insensitive to the supply and demand reality of California's 
water. I understand the concerns of Central Valley farmers. Remember, I 
am one. Ag is big in my district, too. But if your well runs dry, the 
solution isn't to steal water from your neighbors.
  This bill isn't the solution. It is bad for the millions who depend 
on the delta for their livelihoods, it is bad for California, and it is 
bad for States across our country.
  I urge all of my colleagues to vote ``no'' on this measure.
  Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Valadao).
  Mr. VALADAO. Mr. Speaker, I always enjoy listening to my friends on 
the other side of the aisle say that this is theft, that we are 
stealing water.
  This graph has been used a few times. This is the amount of water 
going through the delta in 2015, and this is when it was exported; in 
2016, the amount of water going out into the ocean. This is not 
stealing from one person's well in their community to another 
community. This is water that is going out into the ocean that they are 
advocating that we go and spend more taxpayer money and desalinate so 
that we can bring it right back.
  When it comes to protecting the delta, which we all want to do, I 
would actually recommend that the communities around the delta stop 
dumping their sewage in it. With over 300 million gallons of sewage 
being dumped in the delta on a daily basis, you would think that would 
have a bigger impact on the delta species and everything else that is 
going on there than a little bit of water being pumped.
  There were periods this past winter alone where there was 150,000 
cubic feet of water per second going through that delta. We are asking 
for 5,000, and at those high periods maybe 7,500. Think about that. 
150,000 cubic feet per second, and we are asking for 7,500, as if we 
are going to pump a delta dry and have a huge impact. I would still 
argue that dumping your sewage in the delta would have a bigger impact 
on those species than anything else.

                              {time}  1530

  If you are truly concerned with protecting those species, you would 
think you would take some of the legislation that we have in there that 
has to do with the invasive species, the predator species, the striped 
bass that is actually consuming baby salmon and is also consuming the 
delta smelt.
  We know that it is happening. I have seen studies that point to as 
much as 98 percent of delta smelt being consumed by this striped bass.
  Why don't we take a look at the legislation that is in this bill now 
and actually adopt it and have a real impact and save these species for 
our future generations. It is time top stop playing games and hurting 
other communities.
  We are looking to capture a little bit of water that goes to the 
delta. Obviously, a lot was wasted this year. We are not trying to 
steal from anybody else. It is a fair and very equitable ask. It has 
little impact on the delta.
  If there are those who really want to protect the delta, let's look 
at every part of it, including the sewage, including the invasive 
species. I think there is a lot of room to compromise, and I would 
appreciate the opportunity.
  Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
  When I hear my colleagues across the aisle continually describe 
outflow through the delta estuary as water that is somehow wasted and 
available to be taken for any purpose, it requires us often to remind 
them that this delta water system without that outflow would not be 
available to millions of Californians for drinking water and it would 
not be available to the Central Valley for agricultural irrigation 
because that outflow maintains salinity control and water quality in 
this very complex water system.
  It is also incorrect--and, yet, we continue to hear it regularly--
that huge amounts of water in the last few years have been wasted for 
environmental purposes.
  The State Water Resources Control Board in California estimates that, 
in 2014, only 4 percent of all runoff in the bay-delta watershed flowed 
into the San Francisco Bay solely for environmental protection, again, 
because there are other values, other benefits, to this outflow that 
sustains water quality and other values in the system.
  In 2015, the State estimates that it was only 2 percent of the runoff 
in the watershed that made it through the system for environmental 
purposes only. It is important that we bear those facts in mind.
  The SPEAKER pro tempore. The gentleman from California has 45 seconds 
remaining.
  Mr. HUFFMAN. Mr. Speaker, I yield the balance of my time to the 
gentleman from California (Mr. DeSaulnier) from Contra Costa County.
  Mr. DeSAULNIER. I thank my colleague. I will try to be brief.
  Mr. Speaker, this debate reminds me of the old expression by Mark 
Twain that, in California, whiskey is for drinking and water is for 
fighting.
  So for those of you who are listening, as somebody who has 
represented the delta in local and State government and now at the 
Federal level for 25 years, I think we are doing well in California.
  In a recent op-ed by Charles Fishman, who is an expert on water 
resources of the United States, the title of it is ``How California is 
Winning the Drought.''
  He writes in this article that it has been the driest 4-year period 
in California history and the hottest, too. Yet, by almost every 
measure, except perception, California is doing fine--not just fine--
California is doing fabulously. It has grown 27 percent more than the 
rest of the country, and the agricultural industry has also grown.
  He goes on to write that more than half of the fruits and vegetables 
that are grown in the United States come from California farms and that 
last year, 2014, in the third growing season of the drought, both farm 
employment and farm revenue increased slightly.
  I ask my colleagues to oppose the bill because it jeopardizes not 
just the delta, but California's economy.
  Mr. HUFFMAN. I yield back the balance of my time.
  Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
  Perfect policy is rare or even impossible. Good policy requires hard 
work, sound science, good data and data analytics, common sense, and a 
little bit of give-and-take. Mr. Speaker, this is good policy, fair 
policy. Most importantly, it will provide for a better way of life for 
Americans.
  I urge support for S. 2012, as amended.
  Mr. Speaker, I yield back the balance of my time.

[[Page H3207]]

  

  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to 
express my concerns with the Energy Policy Modernization Act of 2016. 
This bill passed the Senate with overwhelming bipartisan support; 
however this bill contains unnecessarily controversial language which 
will jeopardize its passage here in the House. Many of the bills 
included in today's House amendment have passed largely along party 
lines and have received veto threats from the White House.
  For example, the House Amendment contains The Western Water and 
American Food Security Act, a bill which aims to address California's 
record drought. As we all know, California has been in a severe drought 
which has devastated its water supply. Although this bill includes 
language to address California's current water crisis, I do not believe 
that it takes into account the concerns of all major stakeholders. Yes, 
we need to increase storage sites, reexamine infrastructure to move 
water to the south, and take immediate steps to provide water to the 
farmers who put food on our tables. We also cannot afford to ignore the 
environment as our kids and their kids will have to live in it.
  I believe we must put everything on the table. All community 
stakeholders should be involved as we address California's short-term 
and long-term water future--and this must be done immediately. Last 
week during National Infrastructure Week, I spoke about the importance 
of investing in California's water infrastructure. We should utilize 
our resources to capture, reuse, and recycle our precious water for 
future generations.
  The House amendment also contains harmful language from the National 
Strategic and Critical Minerals Production Act of 2015. This 
legislation would allow mining companies to set their own rules 
regarding environmental reviews. It would also cripple the permitting 
authority under the National Environmental Policy Act, or NEPA. Another 
bill added into this package, the North American Energy and 
Infrastructure Act, increases our reliance on fossil fuels and cripples 
the Department of Energy's ability to enforce energy efficiency 
standards.
  Further provisions in this bill would curtail NEPA even further, 
threaten wildlife protections, and ban the results of Department of 
Energy-supported research from being used to create assessments. Mr. 
Speaker, this legislation hurts our environment, our wildlife, our 
public health, and our energy independence.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 744, the previous question is ordered on 
the bill, as amended.
  The question is on the third reading of the bill.
  The bill was ordered to be read a third time, and was read the third 
time.


                            Motion to Commit

  Mr. PETERS. Mr. Speaker, I have a motion to commit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. PETERS. I am opposed in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to commit.
  The Clerk read as follows:

       Mr. Peters moves to commit the bill S. 2012, as amended, to 
     the Committee on Energy and Commerce, with instructions to 
     report the same back to the House forthwith, with the 
     following amendment:
       Add at the end the following:

                   TITLE XI--CONSIDERATION OF IMPACTS

     SEC. 11001. CONSIDERATION OF IMPACTS.

       Because the scientific consensus is unequivocal that 
     climate change is real, nothing in this Act shall prevent a 
     Federal agency from considering potential climate impacts 
     during any permitting, siting, or approval process undertaken 
     pursuant to this Act.

  Mr. PETERS (during the reading). Mr. Speaker, I ask unanimous consent 
that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. WHITFIELD. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  Pursuant to the rule, the gentleman from California is recognized for 
5 minutes in support of his motion.
  Mr. PETERS. Mr. Speaker, my amendment simply expresses something 
scientists know to be true and something that is recognized everywhere 
in the world but in these halls of the United States Congress, that 
climate change is real and influenced by human activity. We need 
Congress to get on board with a response, not to stand in the way. That 
is important for at least three reasons.
  First, if we are to lower the rate and impact of greenhouse gas 
emissions, we need Federal action.
  The largest source of greenhouse gas emissions in the United States 
is from burning fossil fuels, which raises atmospheric levels of 
CO2.
  Super pollutants like methane and HFCs are many times more potent 
than CO2 and are the most significant drivers of climate 
change. Greenhouse gas emissions can affect coastal regions, energy, 
defense, food supplies, wildfire preparedness, and our quality of life.
  That is why just last month the United States signed the historic 
Paris climate agreement so as to reduce emissions by at least 26 
percent by 2025. As a country that contributes 17 percent of the 
world's greenhouse gas emissions, we pledge to do our part.
  This follows President Obama's executive order on climate change, 
which established national sustainability goals for the Federal 
Government. We need Congress to support these efforts, not to get in 
the way.
  Second, all new national plans and projects should consider these 
effects of climate change as we make decisions about what and where to 
build infrastructure and to permit projects.
  Extreme weather conditions are at an all-time high. One of my first 
votes as a Member of Congress was to fund a response to Superstorm 
Sandy with an appropriation of $60 billion off budget.
  That is just going to keep happening, folks. Regions around the world 
are experiencing intense droughts, longer wildfire seasons, and water 
shortages and flooding, and sea levels are rising at twice the rate 
they were 20 years ago, threatening to cause destructive erosion, 
powerful storms, the contamination of agriculture, and lost habitat for 
wildlife.
  We have to make sure that Federal permitting and construction learns 
the lessons from these trends and these events and that we account for 
the effect of rising seas, increased winds, and drought on the 
buildings and infrastructure that we approve and build.
  We have to build resiliency into Federal decisionmaking, not dodge 
the question. A bipartisan Bloomberg report estimated that, if we do 
not address climate change, between $66 billion and $106 billion worth 
of coastal property in the United States will be below sea level by 
2050.
  Third, we need to bring our Federal practices into line with what is 
already happening outside of the United States Congress, the only 
entity in the world with its collective head in the sand on the reality 
of climate change.
  There are 175 countries that are on board. That is how many signed 
the historic Paris Agreement on the first day it was open for 
signature. There are 154 companies that are on board with Paris, and 
businesses across the country have committed to putting forward climate 
targets by reducing carbon emissions and becoming more energy 
efficient.
  PepsiCo, Apple, Qualcomm, Nestle, Kellogg's, and Starbucks are among 
the private businesses that have included sustainability and 
alternative energy as smart business practice, and the Department of 
Defense, our own military, is on board, acting now to address the 
impacts of climate change.
  In January, the Pentagon released a directive stating:

       The Department of Defense must be able to adapt current and 
     future operations to address the impacts of climate change in 
     order to maintain an effective and efficient United States 
     military.

  Mr. Speaker, let's take a cue from the rest of the world, the 
American private sector, and the Pentagon and consider climate change 
in permitting and siting.
  For some of my colleagues on the other side, the politics of simple 
facts may be frightening, but U.S. leadership to curb climate change is 
not about politics or ideology.
  It is about security, ensuring the health of our citizens and of our 
families, and seizing the unprecedented economic opportunity of the 
clean energy revolution. The stakes of climate change have never been 
higher. The time to act is now.
  I yield back the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I withdraw my reservation of a point of 
order.
  The SPEAKER pro tempore. The reservation of a point of order is 
withdrawn.

[[Page H3208]]

  

  Mr. WHITFIELD. Mr. Speaker, I rise in opposition to the gentleman's 
motion to commit.
  The SPEAKER pro tempore. The gentleman from Kentucky is recognized 
for 5 minutes in opposition to the motion to commit.
  Mr. WHITFIELD. Mr. Speaker, the main objection here and the basis of 
the motion to commit relates to climate change. Contrary to the 
gentleman's statement that the House does not recognize climate change, 
all of us recognize that the climate is changing.
  We do, however, have some significant differences with the President 
of the United States and with some other Members of the House and 
Senate in that we, many people, do not believe that climate change is 
the number one issue facing mankind. There are many other issues as 
well.
  The United States does not have to take a backseat to anyone on this 
issue. The Congressional Research Service recently reported that over 
18 Federal agencies are already administering climate change programs. 
There are over 67 individual climate change programs in the Federal 
Government. We are already spending in excess of $15 billion a year on 
climate change.
  One of the problems that we have is that the President has been 
acting unilaterally on this issue. He went to Copenhagen and made 
agreements. He went to Paris and unilaterally entered the United States 
into an agreement without there being any consultation with the U.S. 
Congress, without discussing it with U.S. Congress on what he was 
agreeing to. He used that agreement in order to have the EPA issue its 
Clean Power Plan.
  In the Clean Power Plan, the EPA arbitrarily sets CO2 
limits for every State in America and each State would have had to have 
had its State implementation plan adopted by this September except 
that, since Congress was not involved and since many people throughout 
the country were vitally concerned about this unilateral action, they 
took the only thing available to them, and that was to file a lawsuit 
to stop it.
  What happened? It went all the way to the United States Supreme 
Court.
  I might add that the Supreme Court issued an injunction to prohibit 
the implementation of the President's clean energy plan until there 
could be further discussion about it.
  I might also say that Congress had many hearings on the clean energy 
plan. That was our only involvement. We certainly were not a part of 
the plan. It was interesting that a professor from Harvard University 
who is generally considered pretty liberal and who taught the President 
constitutional law came to Congress and testified that the President's 
clean energy plan, to use not the President's words, but the 
professor's words, ``was like tearing up the Constitution and throwing 
it away.''
  We agree that climate change is an issue. We simply disagree with 
this President's unilateral action in trying to decide the way it is 
addressed.
  We are amending the Senate bill because we want to use some 
commonsense approaches so that we can continue to bring down 
CO2 emissions. We can also allow our economy to expand, to 
create jobs, and we don't have to take a backseat to any country in the 
world. The U.S. is doing as much as any country in the world on climate 
change.
  I might also say that we expect that our carbon dioxide emissions 
will remain below our 2005 levels through the year 2040. Now, if you 
look at India, if you look at China, if you look at many developing 
countries and even at parts of Europe, they do not meet that standard.
  Let's be pragmatic. Let's use common sense. That is precisely what we 
attempt to do with our amendments to S. 2012, the Energy Policy 
Modernization Act of 2016.
  I would respectfully request that we deny this motion to commit.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1545

  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to commit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to commit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. PETERS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
order of the House of today, further proceedings on this question will 
be postponed.

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