[Congressional Record Volume 168, Number 127 (Friday, July 29, 2022)]
[House]
[Pages H7419-H7491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONTINENTAL DIVIDE TRAIL COMPLETION ACT
The SPEAKER pro tempore (Mr. Veasey). Pursuant to House Resolution
1254 and rule XVIII, the Chair declares the House in the Committee of
the Whole House on the state of the Union for the consideration of the
bill, H.R. 5118.
The Chair appoints the gentlewoman from Nevada (Mrs. Lee) to preside
over the Committee of the Whole.
{time} 1136
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 5118) to direct the Secretary of Agriculture to prioritize the
completion of the Continental Divide National Scenic Trail, and for
other purposes, with Mrs. Lee of Nevada in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and amendments specified
in House Resolution 1254 and shall not exceed 1 hour equally divided
and controlled by the chair and ranking member of the Committee on
Natural Resources or their respective designees.
The gentleman from Colorado (Mr. Neguse) and the gentleman from
Arkansas (Mr. Westerman) each will control 30 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. NEGUSE. Madam Chair, 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 H.R. 5118.
The CHAIR. That request cannot be entertained in the Committee of the
Whole.
Mr. NEGUSE. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I rise in support of H.R. 5118, the Wildfire Response
and Drought Resiliency Act. This legislation represents another major
effort to act on climate by responding to record-setting wildfires and
drought that are impacting communities across our country.
I represent Colorado's Second Congressional District, and it was
barely over 6 months ago, in December, when the Marshall Fire burned
through Boulder County and became the most destructive fire in Colorado
history. The fire destroyed a 30-acre subdivision in a matter of hours;
nearly 200 homes burned to the ground and caused over $1 billion in
damages.
This comes on the heels of my district experiencing the first and
second largest wildfires in the history of Colorado in Larimer and
Grand Counties in 2020, and as parts of the western United States is
currently experiencing their driest drought conditions in over 1,000
years.
Fires have become the primary occupation of so many of our offices.
Countless constituents come to us, grieving the loss of their homes,
but also seeking the resources that they deserve from the Federal
Government. We have a duty to provide our constituents with the support
that they need to rebuild and to recover.
The reality is that we are living with a new normal as climate change
results in a hotter, drier, planet where historic drought and record-
setting wildfires are not merely a possibility, but an inevitability.
Wildfires no longer occur in a season, but throughout the entire year.
I am grateful to my colleagues, to Chairman Grijalva, Chairman Scott,
Chairwoman Maloney, Chairwoman Johnson, Chairman DeFazio, Chairman
Pallone, Chairman Nadler, Chairwoman Velazquez, Chairwoman Waters,
Chairwoman Lofgren, and House leadership for helping bring this package
to the floor. This is exactly the kind of response that our
constituents desperately want to see from Congress.
H.R. 5118 provides a whole-of-government response to the droughts and
the wildfires impacting American communities across the country, and it
combines more than 50 standalone pieces of legislation originating from
nine different House committees, including Republican and Democratic
bills.
We began this important work last year, as my colleagues know,
working with President Biden to pass the Infrastructure Investment and
Jobs Act, which included historic investments to reduce wildfire risks,
improve ecosystem resilience, and ensure reliable water supplies.
The Wildfire Response and Drought Resiliency Act builds on those
investments. It provides an increased starting wage for our brave and
courageous Federal wildland firefighters. It invests in water security
and in drought resilience and advancing wildfire science.
As climate-change-induced drought means long-term reductions in rain,
snow, and necessary water supplies, this legislation invests in
drought-proof water projects like water recycling, modern desalination,
advancing water data management and technology, protecting and
restoring ecosystems.
[[Page H7420]]
The bill also advances projects to deliver reliable water across
Indian Country, including by incorporating key provisions from my bill,
the Tribal Access to Clean Water Act. And it provides significant
resources to prevent key Colorado River reservoirs from declining to
critically low water levels, protecting the supplies of a river that 40
million Americans, 40 million, rely on.
H.R. 5118 also includes several other important pieces of legislation
introduced by many Members in the body today. Provisions from Tim's
Act, named after a heroic smoke jumper, Tim Hart, who tragically lost
his life fighting a wildfire in New Mexico, would increase pay and
benefits for Federal wildland firefighters, and that provision is part
of this bill.
Finally, the bill includes provisions that would provide flexibility
in Federal FEMA cost shares to support our local communities and to
protect watersheds impacted by wildfire.
Madam Chair, this bill is a good bill, and it meets the moment for
the American West. And for that reason, I will encourage my colleagues
today to support it. I look forward to hearing from many of my
colleagues who will speak on the bill.
Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, I am glad we are finally here on the floor today talking
about an issue that is important to our whole country. I appreciate the
gentleman from Colorado and his concerns about wildfires. I wish that
we could work together on actually solving these issues in a manner and
with policy that would actually do something.
I learned in engineering school that expending effort is not work.
For example, you can push on a boulder all day, but until something
moves, no work has been accomplished.
To put it another way, there is a saying that you should never
confuse motion with action, which is exactly what the legislation
before us today does. This bill is more than 550 pages yet does
absolutely nothing to prevent wildfires or significantly improve our
resiliency to drought.
This bill will actually make our wildfire crisis worse. Perhaps that
is why my Democrat colleagues named it the Wildfire Response Act,
instead of naming it the wildfire prevention act, which is what we
should be focusing on because we will have to respond to all the
wildfires that are going to happen anyway and the new ones that this
bill creates.
Here is a little bit of forestry 101. There are two ways to reduce
wildfire risk: thinning and controlled burning. This bill mentions
thinning zero times. Not once does it mention thinning, but it mentions
environmental justice 165 times. That should tell you what this bill is
really about.
Instead of streamlining environmental regulations and addressing
frivolous litigation, which delay vital forest management projects
across the country, this bill would add mountains of new red tape on
our Federal agencies that will grind their already glacial pace of
treatments to a complete halt.
{time} 1145
It would throw out the Forest Service's 10-year strategy to reduce
hazardous fuels and make them completely redo this work less than 6
months after they started implementing their current strategy.
This makes you wonder if congressional Democrats disagree with the
work of the Biden administration or if they have found the
administration's work product is deficient and unreliable.
It would lock up 58 million acres of land into new roadless areas,
despite research showing that more than half of all fires, including
most of the largest fires on Western U.S. national forest lands, burn
primarily in roadless areas, areas where land use restrictions mean
that we can't thin and can't do management.
Instead, the bill would fund environmental volunteerism and provide
N-95 masks and smoke inhalation equipment for homes, which I am sure
will be of little comfort to people as their homes are burning to the
ground.
Democrats will tell you this legislation raises wildland firefighter
pay to $20 per hour. The only problem with that is that firefighters
already make at least $20 per hour, meaning this so-called raise is an
empty promise.
In the long term, the bill would write a check that it can't cash by
setting up this new minimum pay rate with no actual money to back it
up. The Forest Service has told us this means they would have to lay
off over 610 wildland firefighters. Let me say that again: The
Democrats' bill could result in the firing of more than 610 wildland
firefighters who are putting their lives on the line to protect
communities. This is a disgrace and will hurt our fire preparedness and
response.
As if that weren't enough, the bill would create new pay disparities
by leaving out 10,000 brave men and women fighting fires from receiving
new benefits. That is roughly 40 percent of the Federal firefighting
workforce.
Some of my Western colleagues will soon speak about the water
provisions in this bill, but I want to say that the bill misses the
mark on drought as well by proposing $4 billion in new authorizations
and has unlimited mandatory spending.
Once again, the other side of the aisle is passing on more debt to
our future generations, and we see what uncontrolled spending has done
to our economy with inflation, high energy prices, high food prices,
and, really, higher prices across the board.
According to conventional economics, we have had two quarters of
economic decline, and we are in a recession. Why would we want to put
more government funding and debt on our constituents? I do not
understand.
It would also devote some of these dollars to studies, research, and
environmental water restoration projects that will not provide any
water in the near term.
It picks winners and losers in water projects, ignoring the need for
expanded water storage reservoirs, the kind of infrastructure
investment that has made the West what it is today and is necessary to
ensure a drought-resilient future.
This bill offers a one-dimensional approach to solving the Western
drought that has impacted the entire country through decreased
agricultural production. Reservoirs operated by the Bureau of
Reclamation provide needed water to 10 million acres of farmland that
collectively grow 60 percent of the Nation's vegetables and one quarter
of our fresh fruit and nut crops.
By throwing money at an issue and not recognizing that regulatory
streamlining to expand water storage and efficiency of operations to
promote drought resiliency should be part of this equation, this bill
fails not only the West but everyone who buys food nationwide. Put
another way, this bill fails every American household. This is bad
policy and bad process.
Democrats cobbled together this 550-plus-page bill behind closed
doors, and not one wildfire provision was marked up in the Committee on
Natural Resources.
Republican Members made real attempts to provide alternatives and
additions to this bill. Dozens of regulatory streamlining amendments
that could have helped provide water or immediately prevented wildfires
were submitted to the Rules Committee by Republicans, only to be
ignored. Even the majority of bipartisan amendments were rejected.
This is an abomination of process, but it is nothing new that we are
seeing on this House floor. If you were here last night, you know that
a Senate NEPA streamlining bill was parachuted in at the last minute.
It was put on the suspension calendar.
I hope this bill passes during the next voting series, but we should
be doing NEPA revisions through hearings, through markups, and through
regular order. If it takes getting one dropped in on the suspension
calendar by the Senate, I guess we will have to take what we have got.
But it would be nice if we could actually debate these and come up with
more NEPA streamlining.
In the midst of historic drought conditions and what is on track to
be the most devastating wildfire season on record, we simply cannot
afford to confuse motion with action.
Madam Chair, I strongly urge my colleagues on both sides of the aisle
to reject this partisan package and, instead, work together on real
solutions to prevent wildfires.
[[Page H7421]]
Madam Chair, I reserve the balance of my time.
Mr. NEGUSE. Madam Chair, I yield myself such time as I may consume.
Let me just say this: The gentleman is entitled to his own opinion
but not to his own facts, and I take great umbrage at his reference to
the word ``disgrace.''
He knows and my colleagues know just as well as anyone in this
Chamber that the pay increase that was authorized by the bipartisan
infrastructure law, which, by the way, my colleagues on the other side
of the aisle voted against, all but 13 of them, that pay increase
expires a year from now.
Every wildland firefighter in the United States will receive a pay
diminution if this bill isn't passed, if we don't authorize the pay
increases that are in this bill. It is a disgrace to suggest anything
otherwise.
Madam Chair, I yield 2 minutes to the gentlewoman from California
(Ms. Lofgren).
Ms. LOFGREN. Madam Chair, I thank the gentleman from Colorado for his
leadership on this issue.
Climate change has brought the most severe drought to the West in
hundreds and hundreds of years, and it has created an environment where
wildfires are roaring through the West.
In fact, seven of the worst wildfires in California history have
occurred in the last 4 years. They are destroying homes, farms,
infrastructure. They cause injury. That is why this bill is so
important.
I am proud that four of my bills are incorporated in the legislation
that will allow firefighters to get overtime they have earned and allow
for FEMA to predeploy assets and, yes, to use science in the fight
against wildfires.
I am proud of the chair and ranking member of the Committee on
Science who have turned their attention to the things that can be done
to advance funding for the critical research that is happening at
places like San Jose State University in their Wildfire
Interdisciplinary Research Center.
We can't prevent all disasters, Madam Chair, but we can use our power
and use our science to better prepare, to better counter these
disasters, and, yes, to make sure that those who are victimized by the
disasters are treated fairly. They are our neighbors. We need to help
them in their time of loss.
Madam Chair, I thank the Speaker for making this a priority.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
I just want to point out those weren't my words. That was the
information we got from the U.S. Forest Service that said there is no
funding in this bill. If this bill passes without additional funding in
the future, they will have to lay off 610 wildland firefighters.
Maybe there is going to be a bill in the future to pour more money
into the Forest Service, but this bill doesn't do it.
Madam Chair, I yield 2 minutes to the gentleman from Pennsylvania
(Mr. Thompson), the ranking member of the Committee on Agriculture.
Mr. THOMPSON of Pennsylvania. Madam Chair, I thank the gentleman for
yielding and for his leadership on this issue. If there is anyone that
should be leading this discussion, it should be somebody whose career
was as a professionally trained forester who actually knows this topic.
I rise in opposition to this legislation. Wildfire is a national
crisis that we must confront immediately. Tens of millions of acres are
overgrown and unhealthy, but this bill won't meet those challenges or
provide the Forest Service with the tools that they need to combat this
threat.
The Forest Service has already announced a strategy to treat 50
million acres. Mandating a new plan is duplicative, removes
flexibility, creates restrictions, and limits projects.
This bill authorizes billions for recreation, wilderness programs,
and old growth, which have nothing to do with protecting communities
and mitigating wildfire. Because this is only authorizing legislation,
the Forest Service will be directed to carry out the provisions without
being provided the necessary funding.
Additionally, there are none of the much-needed regulatory reforms
that would allow the Forest Service to increase the pace and scale of
restoration and wildfire mitigation.
There have been no committee hearings, markups, stakeholder feedback,
or technical assistance. The majority also blocked nearly every
amendment filed from even being debated today.
The provisions within the Committee on Agriculture's jurisdiction are
largely unvetted but are being crammed into this 558-page bill, which
we only first saw last week.
Madam Chair, let me just say, on the issue of firefighting, I served
as a state-certified firefighter, so, on behalf of my brothers and
sisters, I appreciate what they do, those that are fighting wildfires
or structure fires.
But I agree with the ranking member here that the Forest Service's
own words said that they were going to have to lay off more than 610
wildland firefighters because of this bill.
What my brothers and sisters who are wildland firefighters need more
than anything else are other firefighters. They are the primary tool
when it comes to battling these conflagrations.
This bill is an insult to them, an authorizing bill that provides no
additional funds. Quite frankly, Madam Chair, I urge a ``no'' vote.
Mr. NEGUSE. Madam Chair, I yield myself such time as I may consume.
I would, again, simply say the irony is rich. My colleagues will vote
against the authorization for more wildland firefighter pay, and then
when we fight for the appropriation, they will vote against it, too.
So, it is a bit difficult to hear them make those claims.
I also would say that the 10-year Forest Service management plan is
something we support, I support. I am glad to hear my colleagues
support it because they all voted against it.
Literally, a year ago, when we passed a bill in this Chamber to
authorize the Forest Service to spend $20 million to invest in forest
management in Idaho, Colorado, Utah, Arizona, and Nevada, where were
they? They voted against it. Now, they claim to support it, yet they
will vote against a bill that authorizes more projects along those same
lines.
Madam Chair, I yield 2 minutes to the gentleman from New Jersey (Mr.
Pallone).
Mr. PALLONE. Madam Chair, I thank the gentleman from Colorado for
yielding time, and I rise in strong support of H.R. 5118, the Wildfire
Response and Drought Resiliency Act.
Climate change and extreme weather are already wreaking havoc on
American families and businesses. Every day, we read news stories about
drought conditions in the West and the corn belt, wildfires displacing
Americans from their homes, and the potential collapse of Texas' power
grid from extreme heat and unreliable fossil fuel power plants.
Just this week, in my home State of New Jersey, Governor Murphy is
encouraging residents to conserve water due to dry conditions.
Now, the impacts of climate and extreme weather are truly being felt
everywhere. That is why I am proud to support this package of
commonsense proposals, including many from the Energy and Commerce
Committee, to mitigate the effects of extreme weather on our electric
grid and water resources.
I just want to highlight a couple of the key provisions from our
committee.
The bill includes legislation from Representative O'Halleran,
requiring the Federal Government to identify grid infrastructure that
is vulnerable to natural disasters.
It includes Representative Casten's legislation to ensure that
different regions of the country can share power during extreme weather
events.
The legislation also includes a provision from Representative Panetta
to increase the energy resilience and productivity of critical
facilities through investments in microgrids, energy storage, and
energy efficiency.
Finally, it includes two provisions championed by Representative
McNerney. The first would help water systems implement water loss
control programs and water efficiency programs, and the second directs
the Federal Government to study the need and feasibility for standards
to ensure that power plants are capable of operating in drought
conditions.
Madam Chair, this legislation is essential to helping us address the
climate crisis. Frankly, this legislation should garner overwhelming
bipartisan support.
[[Page H7422]]
I can't understand why my Republican colleagues would oppose the
bill. They have farmers in their districts whose crops are ravaged by
drought. They represent homeowners displaced by wildfires. They
certainly have constituents who use the power grid.
Extreme weather clearly threatens our security, but my Republican
colleagues seem content to watch the world burn. I am not, and neither
are my Democratic colleagues. That is why I will vote for H.R. 5118,
and I urge my colleagues to do the same.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
I know there is a lot of talk about the IIJA and what a great bill it
was. It was the largest infrastructure bill passed in the history of
the world. It was so important that it never even went through a
committee here in the House. It came right to the House floor, and it
seems like all we are doing is fixing it. We have a suspension bill we
will be voting on later that fixes a problem that was in the IIJA.
I am confused why my colleague is pushing this bill that would undo
much of the core work in the IIJA, including the $170 million that
would go to his district under the current 10-year strategy.
I think it is another example of why we have to do regular order and
why we have to bring these bills to committee.
{time} 1200
We want to solve these problems, but you have to have real solutions
to solve a problem. There are examples of how we can do bipartisan work
to fix forestry.
Madam Chair, I yield 1 minute to the gentleman from California (Mr.
McCarthy), who is working on bipartisan forestry legislation.
Mr. McCARTHY. Madam Chair, I thank the gentleman for yielding, and I
thank him for his work. This is probably one of the areas we work on
where his knowledge when it comes to the forest, healthy forests, and
making sure they are there for the future is so important.
I rise today in support of my amendment, which would simply establish
a program to incentivize larger communities to integrate nearby
smaller, rural communities into their drinking water systems when the
smaller communities' drinking water wells run dry.
In my district, the community of Tooleville has run out of water, as
the groundwater table drops, and aging infrastructure fails or becomes
obsolete. While the long-term solution is to connect Tooleville to the
city of Exeter's drinking water system, that can be expensive for both
Exeter and Tooleville.
This amendment would reduce connection costs for Tooleville residents
while also enabling Exeter to increase its water supply to meet
increased demands with its customers.
Tulare County advises me that if California's droughts continue, more
small and rural communities in my district with older infrastructure
could meet the exact same fate as groundwater tables drop, making this
amendment even more important. We cannot leave our Western communities
vulnerable to drought and aging infrastructure.
I encourage my colleagues to support this amendment.
Madam Chair, I include in the Record letters supporting my amendment
from the county of Tulare, county of Kern, and city of Exeter, all of
which are located in my congressional district.
County of Tulare,
Visalia, CA, July 26, 2022.
Re H.R. Conway/McCarthy Amendment to H.R. 5118, Wildfire
Response and Drought Resiliency Act--Support.
Hon. Kevin McCarthy,
House of Representatives,
Washington, DC.
Hon. Connie Conway,
House of Representatives,
Washington, DC.
Dear House Minority Leader McCarthy and Representative
Conway: On behalf of the Tulare County Board of Supervisors,
I write in support of House Minority Leader McCarthy and
Congresswoman Conway's proposed amendment to H.R. 5118, the
Wildfire Response and Drought Resiliency Act. The proposed
amendment will address critical water supply challenges faced
by our County's most vulnerable and underserved populations.
Tulare County oversees more than 50 census designated
places and unincorporated communities across California's
Central Valley. The majority of these sparsely populated
districts rely upon groundwater to sustain daily life which
continues to be adversely affected by drought induced water
quality and quantity issues. Every community and municipality
in Tulare County depend upon a system of wells to guarantee
the water needs of their residents. As the California drought
persists, water service providers of our economically dis-
advantaged communities struggle to find the required funding
to excavate deeper wells or upgrade the infrastructure
required to connect with nearby water systems.
The proposed amendment to H.R. 5118 would authorize
significant grant funding that would fully fund water
projects for our small unincorporated communities eliminating
the current funding barriers in place that delay sustainable
water solutions for up to six years before any ground can be
broken. Our most vulnerable residents should not have to wait
that long to have access to clean and sufficient drinking
water.
For these reasons and more, the County of Tulare supports
this proposed amendment and urges its adoption by the House.
Eddie Valero,
Chair, Tulare County Board of Supervisors.
____
Board of Supervisors,
Kern County, CA, July 26, 2022.
Re Amendments to H.R. 5118, Rural Communities Drinking Water
Resiliency--Support.
Hon. Kevin McCarthy,
Washington, DC.
Dear Congressman McCarthy: I am writing on behalf of the
Kern County Board of Supervisors to express our strong
support for the amendments to H.R. 5118 authored by you and
Congresswoman Conway. The proposed rural communities drinking
water resiliency appropriation of $50 million per year
through 2027 will provide desperately needed resources for
those in our community whose potable water wells run dry.
In 2021, the Board declared a local emergency due to severe
water shortages and conditions of extreme drought within Kern
County. State Water Project deliveries were reduced to only 5
percent of full contract amounts in water year 2021 and the
U.S. Department of Agriculture designated Kern, among 50
other California counties, as primary natural disaster areas
due to drought.
Since then, drought conditions have worsened. According to
the U.S. Department of Agriculture and National Oceanic and
Atmospheric Administration's US Drought Monitor released on
July 21, over 97 percent of California is now in a severe
drought and over 59 percent is considered to be in extreme
drought. With roughly four months of hot, dry weather likely
until the winter rainy season begins again next November,
precious groundwater resources will continue to decline.
California's water challenges are mounting as more intense
and prolonged droughts recur. Rural communities are most
susceptible to losing running water because they typically
rely on groundwater from small community or domestic wells,
which tend to run dry during these periods. Access to water
is a fundamental human right and every Californian should be
able turn on their tap and expect clean water to flow.
For these reasons, the Kern County Board of Supervisors
strongly supports your proposed amendments to H.R. 5118 and
urges the House to adopt them without delay.
Sincerely,
Zack Scrivner,
Chairman, Kern County Board of Supervisors.
____
City of Exeter,
Office of the City Administrator,
Exeter, CA, July 27, 2022.
Re McCarthy/Conway Amendment to the Wildfire Response and
Drought Resiliency Act (H.R. 5118).
To Rep. McCarthy and Rep. Conway: The City of Exeter
supports the McCarthy/Conway Amendment to the Wildfire
Response and Drought Resiliency Act (H.R. 5118). One of the
biggest stumbling blocks for an agency to supply water to an
adjacent rural community is funding for the improvements
needed not only to make the connection but also to the agency
system to be able to supply water outside their jurisdiction.
Most cities don't have the means to do this on their own,
especially since the agency rate payers cannot be burdened
with this additional cost, which is illegal to do in most
cases. This amendment would help cities like Exeter to fund
the needed improvements to make these connections a
possibility. Accordingly, we urge its adoption by the House.
If you have any questions, please feel free to contact me.
Thank you,
Adam Ennis,
City Administrator.
Mr. McCARTHY. Madam Chair, now, why are we asking for this amendment?
The one thing you would have to see, there have been no major
reservoirs built in California since 1979. Think of the population
difference in between that time.
California is very blessed. We get snow in the north, we grow the
agriculture for the world in the Central Valley--my good friend from
the other side of the aisle, I believe that is where his family used to
be from--and in the
[[Page H7423]]
south, we have major population. But no new reservoirs.
Now we have got challenges where cities are actually running out of
water, but it is not that we don't have enough water. In those wet
years, we can save it. We can even pump it out of the ground to bring
it back out. But in California, at times they care more about a fish
and the water goes out to the ocean.
Now, we talk about desalinization. So we would spend billions of
dollars to create a desalinization plant for the freshwater we put into
the ocean to make it saltwater to bring it back into freshwater.
Why wouldn't we just store more water for those dry years?
We have worked on this issue for quite some time. We actually think
the greatest return on investment would be to just lift Shasta Dam, the
reservoir. If you simply enlarged it, it could store more.
We got to a bipartisan bill, the WIIN Act, working with Dianne
Feinstein. It passed this House with big numbers. It passed the Senate
with more than 70 votes.
But you know what happened after it passed?
Speaker Pelosi and other Democrats fought it, actually killed the
ability that California could determine their own destiny.
And now today we come down, and this is supposed to be a wildfire
bill. In my State, we have wildfires all the time. We have one raging
right now. We have a very large one in Yosemite.
Also in California, we are blessed to be the only State in the world
that grows giant sequoias. You all know that iconic tree. You all know
and have seen it before. It grows for 2,000 to 3,000 years. History
tells us that the only major time we have ever seen a giant sequoia die
was in 1297 from a fire. Normally they just die because they get so
large and they topple over.
But do you realize in the last 2 years we have lost 20 percent of all
the giant sequoias? There is a warning right now that we can lose them
all just in the next couple years. Firefighters right now are risking
their lives to protect them.
But you know what? This body can be very proud of the fact that there
is a bipartisan bill, Save Our Sequoias, with the same number of
Democrats and Republicans on that piece of legislation. They would go
into these groves, clean out, and protect them where firefighters
wouldn't have to risk their lives, or even when fires came, these giant
sequoias would continue to live.
It has been introduced. How did that bill get introduced?
Because a bipartisan group went to the giant sequoias, studied what
needed to happen, and came together. Everybody didn't get what they
want, but at the end of the day they could save the giant sequoias.
You know what is not in this bill?
Save Our Sequoias.
This is a wildfire bill that won't even save the sequoias, even
though the President talked about this just last week, that it was a
big concern to him.
Why wouldn't it get put in?
It is not that it hasn't been through committee because the committee
won't bring it up. But that is not the pattern of the Democrats. It
doesn't matter if a bill has been through committee or not; they will
drop anything in.
This is a bill that both sides agree upon. I have to give credit to
the Democrats--Congressmen Peters, Panetta, Costa, and others--who went
to the giant sequoias to study the issue to know what needs to happen,
to work toward it, and save them.
Why would we want to destroy them?
Why would we not use this opportunity and put it in this bill?
Is it because it is bipartisan?
Can you only bring bills to the floor that are partisan?
It is interesting when my constituents ask--all the challenges on
this floor, when my constituents were going to ask me about a
firefighter bill to help save our forests, but it would eliminate 610
firefighters?
Only a Democrat Congress could think that is a wildfire bill, that
you are going to eliminate 610 firefighters.
How is that going to protect them more?
It is only in this Congress that you could have a bill that is called
the American Rescue Plan that creates inflation.
It is only in the American Rescue Plan that you could tell the
American public, can you afford to lose a month's salary?
No one will say yes, but that is exactly what you took from them.
That is what inflation has done.
This bill is needed, not the bill you have written, but on this
issue. You have Save the Sequoias, it is a crisis before us, and you
will not even put it in the bill when it is bipartisan.
I cannot imagine that you would bring a bill forward that would
eliminate firefighters that we need when we are on fire.
And I cannot imagine that you wouldn't work to build more reservoirs
so people can store water in the wet years so it will be there in the
dry years.
Mr. NEGUSE. Madam Chair, I yield myself such time as I may consume.
I have just a few key points.
First, I understand why there is some confusion on the other side
regarding the firefighter pay provision because, again, my colleagues
voted against increasing firefighter pay a year ago when the bipartisan
infrastructure bill was before this body, so I understand that they are
prepared to vote against it again.
I would just simply say with respect to the provisions of this bill,
and whether they are bipartisan, partisan or not, I suspect that
Representative LaMalfa, whose H.R. 4505 is in this bill, would
disagree. I suspect H.R. 5345, a bill introduced by Mr. Moore which is
also in this bill, I think tends to refute that fact.
Madam Chair, I yield 1 minute to the distinguished gentleman from
Arizona (Mr. Stanton).
Mr. STANTON. Madam Chair, I join my colleagues in support of the
Wildfire Response and Drought Resiliency Act. I support this bill
because we are in the midst of a crisis. After decades of severe
drought, the Colorado River, which supplies water to 40 million people
across seven States, is on the brink of collapse. The future of Arizona
and the entire American Southwest depends on how we respond.
Bold action to protect our water supply has never been more
important, and the Federal Government needs to act with the urgency
before it is too late.
The Wildfire Response and Drought Resiliency Act is a necessary step
to help our communities deal with the impacts of climate change and a
drier future. It builds on the investments in the bipartisan
infrastructure law to use our water more efficiently, and it includes
my legislation to provide $500 million for immediate action to protect
critical water levels in Lake Mead and Lake Powell.
Time is of the essence. We must act now. We cannot allow this crisis
to turn into a catastrophe. I urge my colleagues to save the Colorado
River, save the American Southwest, and support this bill.
Mr. WESTERMAN. Madam Chair, I yield 2 minutes to the gentleman from
California (Mr. McClintock).
Mr. McCLINTOCK. Madam Chair, this is the Democratic equivalent of
fiddling while our forests burn. They call it the Wildfire Response and
Drought Resiliency Act, but while it spends lavishly, it accomplishes
almost nothing.
For 14 years in Congress, I have dealt extensively with issues of
fire and water, and here is what I have learned: Excess timber will
always come out of the forest. Either we will carry it out or nature
will burn it out. When we carried it out by logging, we enjoyed healthy
forests and a thriving economy.
We stopped active forest management decades ago due to radical
environmental laws that have made it impossible. Today our forests are
now morbidly overgrown, and nature is again burning out the excess.
This bill does nothing to reform the laws that have made active
forest management impossible, and instead it consigns us to fight a
losing battle that will cost us our forests for generations to come.
When it comes to water, droughts are nature's fault. They happen. But
water shortages are our fault. They are the choice we made when the
same radical laws made new dam construction impossible. Dams save water
for wet
[[Page H7424]]
years so that we have plenty in the dry ones. We will not solve our
water shortage until we build more dams, and we can't build more dams
until we overhaul these same laws.
Instead, this bill pours hundreds of millions of dollars into
desalination. The most successful desalination plant is in Carlsbad,
California. At a time when we can't guarantee enough electricity to
keep your lights on, Carlsbad consumes enough electricity to power 250
homes in order to produce enough water for one home.
This bill is pure folly. It will consume billions of dollars of our
resources while condemning us to a dismal future of chronic forest
fires and water shortages.
Mr. NEGUSE. Madam Chair, I yield 2 minutes to the distinguished
gentleman from Nevada (Mr. Horsford).
Mr. HORSFORD. Madam Chair, it is great to see the gentlewoman in the
chair. I thank Chairman Grijalva for bringing this important bill to
the floor, and I applaud the gentleman from Colorado (Mr. Neguse), my
friend and colleague, for leading this legislation.
Madam Chair, I rise today in strong support of H.R. 5118, the
Wildfire Response and Drought Resiliency Act.
As a native of Las Vegas, I grew up with frequent trips to Lake Mead,
which is part of my district. That is why it is heartbreaking to see
levels at Lake Mead at their lowest point since the reservoir was first
filled in 1937. It is currently only 27 percent full.
Madam Chair, Nevada and much of the U.S. West has experienced a very
hot and dry summer, fueling drought and even fires in some areas.
In this year's appropriation bill, we secured $6 million for the Lake
Mead/Las Vegas Wash program to directly address the falling water
levels, and this legislation, the Wildfire Response and Drought
Resiliency Act, will further address some of the issues being caused by
this heat and drought.
This package represents 49 individual Member bills, bringing together
many great ideas and solutions to the problem.
Madam Chair, it establishes new hiring authorities and minimum basic
pay for the brave men and women who serve as wildland firefighters.
It provides $500 million to prevent key reservoirs, like Lake Mead,
from declining to unsafe levels.
It invests in drought-proof water infrastructure, like water
recycling and desalinization projects.
This legislation also secures water reliability for Indian Country,
investing $1 billion in Tribal clean water access.
And it will support the development of modern water management data
and technology.
H.R. 5118 will protect and restore important ecosystems, and I
encourage this body to pass this legislation.
{time} 1215
Mr. WESTERMAN. Madam Chair, many of the water and power users in the
Colorado basin were not consulted on this $500 million Colorado River
provision and don't even know what it would be used for. That is
another reason why we should actually work on these issues in committee
and have a bipartisan markup.
Madam Chair, I yield 1 minute to the gentleman from Utah (Mr. Moore).
Mr. MOORE of Utah. Madam Chair, while I cannot support the entirety
of the package we are considering today, I am grateful that my
bipartisan, bicameral Saline Lake Ecosystems in the Great Basin States
Program Act was included in this bill.
This important legislation, which moved through the House Natural
Resources Committee with unanimous support, will be the first step in
addressing the challenges many Utahns know we are going through right
now with the Great Salt Lake and other saline lakes.
Let me say a special thank-you to my friend from California,
Congressman Huffman. He and I disagree on many issues, the entirety,
almost, of this bill or this approach, but I do appreciate the
relationship that we have been able to establish so we can get this to
the point where we got it today.
It is very important to my State. My State legislature has been
working on this, as well as our Governor. It has been a key aspect.
Let me add one piece about what we are going to be talking about
today. The Republican team, led by Mr. Westerman, has exceptional ideas
on how to get out ahead of this issue that we are facing with
wildfires, and we want to have that voice and have that be implemented
more on these issues.
Mr. NEGUSE. Madam Chair, I say thank you to my Republican colleague
and neighbor from Utah and that we are glad we can get his bill into
this important bipartisan Wildfire Response and Drought Resiliency Act
package.
Madam Chair, I yield 2 minutes to the gentleman from Arizona (Mr.
O'Halleran).
Mr. O'HALLERAN. Madam Chair, I thank the gentleman from Colorado for
yielding. I also thank Chairman Grijalva for the work he put in.
I rise to speak, Madam Chair, in support of the Wildfire Response and
Drought Resiliency Act. This bill includes many long-fought initiatives
to address the mega-drought and year-round wildfires we see in Arizona.
Arizona's First Congressional District encompasses rural and Tribal
communities, six national forests, three Tribal forests, along with the
Grand Canyon. There is no longer a wildfire season in northern Arizona.
Deadly wildfires happen year-round, and these fires threaten our homes,
businesses, and communities.
Included within the final package are several bills that address key
policy steps we can take to address wildfires, drought, and public
safety in our national forests.
This legislation allows for the hiring of more Forest Service law
enforcement officers, which will improve safety and oversight of our
forests, especially during high-risk days when fires can start in an
instant.
Another critical provision included will create a grant program to
remove nonnative plant species, like salt cedars, that contribute to
drought and fire conditions.
Importantly, also within this package are two Tribal water
settlements that I have fought for since 2017 when I arrived in
Congress, the White Mountain Apache Tribe and Hualapai Tribe water
settlements. The Tribes have been waiting decades for these Federal
approvals.
In addition, these settlements will provide the State of Arizona with
greater surety in its water future.
Today, I am looking forward to joining my colleagues gathered here to
vote to pass this critical package of bills. I also acknowledge that
there is a tremendous amount of work over decades that has not been
done by this Congress that it has to complete.
Mr. WESTERMAN. Madam Chair, I yield 2 minutes to the gentleman from
Washington (Mr. Newhouse).
Mr. NEWHOUSE. Madam Chair, I thank my friend from Arkansas for
allowing me to speak on this important issue.
Madam Chair, rural communities across the country are plagued by
persistent drought and catastrophic wildfires, especially communities
in the Western United States. As the Representative for Washington's
Fourth Congressional District and as chairman of the Congressional
Western Caucus, I have been consistently calling for these issues to be
taken up in committees and here on the House floor.
In one sense, I am very glad that our colleagues from across the
aisle are finally realizing just how crucial these issues are, but I am
disappointed by the fact that today's rushed package of provisions
fails to address the root challenges that we face in the West and
ignores a myriad of solutions that were offered by my Republican
colleagues.
Rather than fixing our broken, duplicative requirements under the
National Environmental Policy Act, this package adds more regulation
and bureaucratic red tape. Rather than enhancing opportunities for
long-term water storage infrastructure and offering any type of lasting
solutions for forests and species management, it focuses on adding
environmental studies and prioritizing environmental justice.
Madam Chair, my colleagues and I submitted numerous amendments that
would actually solve these problems--to encourage additional water
storage, active land forest management, commonsense reforms to the
Endangered Species Act, and critically needed domestic energy and
timber development. Unfortunately, Madam Chair, Democrats refused to
even let these amendments be considered for debate.
This bill fails to address the actual problems facing rural
communities and
[[Page H7425]]
will likely exacerbate the very issues Democrats claim the bill
addresses.
Madam Chair, I urge my colleagues to vote ``no'' on this legislation.
Mr. NEGUSE. Madam Chair, I have great respect for my colleague from
Washington, and we have worked together closely in the past.
I would just say that we are considering a number of amendments
today, including an amendment from the Republican leader, Mr. McCarthy,
who spent a great deal of time on the floor just a few moments ago
talking about his particular amendment.
Madam Chair, I yield 3 minutes to the gentlewoman from New Mexico
(Ms. Stansbury).
Ms. STANSBURY. Madam Chair, I rise today in support of the Wildfire
Response and Drought Resiliency Act as wildfires have been burning
across my home State of New Mexico and our life-giving Rio Grande has
dried for the first time in decades in significant stretches of the
river. This bill is vital to supporting our communities as they are
responding to the impacts and working to build a more resilient future.
This year, communities across our State have been battling
unprecedented wildfires that have devastated homes and livelihoods and
taken the lives of four first responders just a couple of weeks ago
from Bernalillo County in my home district, exacerbated by a millennial
drought and the impacts of global climate change.
But we are New Mexicans, and we are resilient. This bill, which
includes our wildfire legislation and three of my water bills, is
crucial to the future of our State.
That is why I am so incredibly grateful for the leadership of this
body, to Speaker Pelosi, Leader Hoyer, my good friend Representative
Joe Neguse, and our amazing committee chairman, Mr. Grijalva, for their
incredible leadership in meeting this moment and putting together a
comprehensive package to address drought and wildfire across our
country.
These bills will empower our communities, our Tribes, and our
Pueblos, who have depended on these life-giving waters since time
immemorial, our acequias and our land grants, who have depended on
these lands and waters for generations, and empower our communities
with the tools, resources, and science to meet the moment.
My bipartisan Water Data Act will help unlock the power of big data
and science to help transform water management across the United
States.
Our Rio Grande Water Security Act will help to create a framework for
collaboration and innovation to keep water in our precious river.
The WaterSMART Access for Tribes Act will help to lower barriers so
that our Tribes and Pueblos can access vital funding for water security
projects.
Our Hermits Peak bill will help to make our communities that have
been devastated by wildfires whole again.
Madam Chair, we must pass the Wildfire Response and Drought
Resiliency Act, and we must pass it to prevent more devastating fires.
We must pass it to ensure that our life-giving rivers do not continue
to run dry. We must pass this legislation so that our communities have
the tools and the resources that they need to remain resilient.
Madam Chair, the time to act is now, and the time to support our
communities is now.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
Idaho (Mr. Fulcher).
Mr. FULCHER. Madam Chair, what is a just transition to so-called
clean energy? We have been hearing the term all week from my colleagues
across the aisle. Does a just transition mean the highest inflation in
40 years or record energy prices? Does it mean handing out billions of
dollars to the green socialist lobby?
Does a just transition mean we let our Federal forests burn year over
year without maintaining them? Or does it mean we don't give Tribes the
same ability to take care of the forests as States have?
Just transition means some, but not all, can maintain the spaces
around them, and I am disappointed that my amendment was not included
in today's bill.
My amendment would have enabled Native Tribes and counties, which
have to live with the unmanaged forests around them, to have an
opportunity to help our forests be healthy.
I stand in opposition to this bill for a lot of reasons, just two of
which are not including Tribes and counties in this so-called wildfire
response package.
Mr. NEGUSE. Madam Chair, I yield 2 minutes to the gentlewoman from
New Mexico (Ms. Leger Fernandez).
Ms. LEGER FERNANDEZ. Madam Chair, I thank Chairman Grijalva and
everybody who has worked to bring this bill to the floor today.
A historic drought has forced ranchers in our parched Eastern Plains
to sell their cattle early.
We don't collect and share data about our precious water resources
with the ranchers, Tribes, and farmers who need it most.
Four brave firefighters lost their lives battling wildfires across my
beautiful State. Five more people died in the fires and the floods from
the burn scars. Today, I honor each of those nine souls and their
grieving friends and family.
The Wildfire Response and Drought Resiliency Act is like a gentle
monsoon rain falling on our thirsty landscape. It brings real solutions
to these problems.
It includes my Hermits Peak-Calf Canyon fire bill to compensate those
who lost their ancestral homes, businesses, and ranches when the Forest
Service started not one but two fires that became an inferno of
destruction. These fires scorched 534 square miles of land in Mora, San
Miguel, and Taos Counties.
When I visited the burn scar, Brandon Bustos, a third grader
evacuated from his beloved village, said: ``Mora will be back. I
guarantee it.'' He has not given up on his future. Neither have I, and
neither have any of us who will vote for this bill because this bill
will help Mora rebuild.
It will pay firefighters a minimum wage that is necessary because
they risk their lives for us. It will invest in burn centers of
excellence and the science, technology, and data sharing we need to
build resiliency and make every precious drop of water count because
agua es vida.
Madam Chair, I urge my colleagues to vote for the bill today.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
California (Mr. LaMalfa).
Mr. LaMALFA. Madam Chair, I appreciate Mr. Neguse working on this
legislation here, but to have this all in a catchall bill--in my home
State of California, the two biggest things going on are wildfire and
drought, other than politics. So, to have so little time to put this
together, I wish we had more time to work on this.
I appreciate that he included a small piece on biochar that I was
working on, but the big picture here is the drought is affecting so
much of my State. These crops listed here, many of them 100 percent of
what is used in the United States. Hundreds of thousands of acres are
being left out.
The people in this country will not see these crops come from
California or the U.S. They will come from other countries if we get
them at all.
On the forestry side, I had the Dixie fire last year. That was a
million acres. Yet, we are going to take the power away from the Forest
Service, which already moves at a glacial pace of 1 percent per year
under their 10-year plan of treating forests lands--take away 600 of
their staff and basically just make it that much slower for the Forest
Service to respond.
Between the drought and the weaponizing, possibly, of monitoring
against farmers the water supply, we are going backward on this. So, I
am disappointed.
{time} 1230
Mr. NEGUSE. Madam Chair, I would say first, we are glad that we got
Mr. LaMalfa's H.R. 4505 into this bill, and I am looking forward to
supporting it today. I have to, again, respond to this argument that
has been made about the 10-year plan.
I would hope that my colleagues and I could agree to argue the merits
of the bill based on the text of the bill. The bill makes clear that
the activities that the Forest Service is mandated to implement include
the Wildfire Crisis Landscape Investments plan titled: ``Confronting
the Wildfire Crisis: Initial Landscape Investments to Protect
Communities and Improve Resilience in American's Forests'' dated April
2002. What is that document? That is
[[Page H7426]]
the 10-year plan that the Forest Service authorized that we voted for
back last November. So this codifies that and builds upon it by giving
the Forest Service more resources to do even more landscape restoration
and forest management across the country.
Madam Speaker, I yield 1 minute to the gentleman from California (Mr.
Ruiz).
Mr. RUIZ. Madam Chair, I rise today with my daughters in strong
support of H.R. 5118, the Wildfire Response and Drought Resiliency Act.
This legislation includes my bill, the Salton Sea Projects Improvements
Act, which will take strong action to address the crisis at the Salton
Sea.
In our region, drought and reduced water flows into the Salton Sea
have led to deteriorating water quality and toxic dust that threatens
local communities' health.
My bill will authorize $250 million the Bureau of Reclamation can
spend on the Salton Sea and expand the types of transformative projects
at the sea. This will ultimately strengthen our all-hands-on-deck
approach to this environmental and public health crisis by expanding
the bureau's ability to work with State, local, and Tribal partners in
the area.
I urge my colleagues to swiftly pass this drought and wildfire bill,
and I urge the Senate to do the same.
The SPEAKER pro tempore. The Chair will remind all Members to refrain
from references to guests on the floor.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
Montana (Mr. Rosendale).
Mr. ROSENDALE. Madam Chair, as it stands now, this bill will make a
vast swath of land inaccessible, making it harder for wildfires to
respond.
This bill's approach to wildfires is backwards. The people of Montana
and across the West have seen too many fires scorch homes, businesses,
and forests. It has destroyed air quality, water quality, and
fisheries. They appreciate the bravery of the responding firefighters,
but I believe many would prefer never to see the wildfires in the first
place.
My amendment would have addressed root causes of wildfires by
clarifying language in statute that allows radical environmentalists to
delay the harvest of timber as per the Cottonwood decision, which has
made proper forest management near impossible.
The Cottonwood decision has delayed forest planning, wildfire
mitigation efforts, and ultimately weaponized the Endangered Species
Act, allowing special interest groups to line up like pigs at the
trough, lapping up legal fees and settlements, stripping valuable
resources from agencies and keeping them from carrying out their
mission.
In closing, I will say that I am appalled that Democrats will not
consider the commonsense amendments like mine, which would allow these
mitigation efforts to take place.
Mr. NEGUSE. Madam Chair, I yield 2 minutes to the distinguished
gentleman from California (Mr. Panetta), who has become a real leader
here in our caucus and in the Congress on forestry and forest
management.
Mr. PANETTA. Madam Chair, I rise today in support of the Wildfire
Response and Drought Resiliency Act.
Let me, of course, thank Representative Neguse for his strong
leadership on these issues, as well as Leader Hoyer for getting this
bill to the floor.
I also acknowledge and understand my good friend Mr. Westerman's
complaints about regular order, but I also know that he understands how
urgent of action is needed, especially when it comes to us getting a
grip on the conflagrations, the devastation, and the destruction that
we are experiencing in the American West when it comes to wildfires.
Right now we have a record drought that has led to record levels of
dryness. Dead and dying fuels have created vast swaths of wilderness
that are flammable, ignitable, and combustible just from a single
spark, a simple downed power line, a smoldering campfire, or a strike
of lightning that can absolutely wipe out not just our forests and our
parks, but lives and livelihoods.
This legislation contains a number of bills that would help reduce
that threat, including my Save Our Forests Act that would authorize the
Forest Service to hire more employees to help manage not just forests
but the people who visit our forests.
Eighty percent of wildfires are caused by humans, so more Forest
Service personnel are needed to manage humans acting like humans.
Additionally, the Wildfire Emergency Safety Act, which I authored
with Senator Feinstein, provides a strategy and the authority to start
thinning out the undergrowth of overgrown forests and then set
prescribed burns to eliminate those dead and dying fuels.
This bill would do that at the national level with large-scale
restoration projects, and it would do that at the local level with non-
Federal lands through partnerships with our Federal stakeholders.
Let me also make one thing clear to our environmental allies. This is
not a slippery slope to clear-cutting or commercial logging. This is
not about timber harvesting for economic interests. This is about
smart, science-based, commonsensical stewardship for our forests. It is
a solution to deal with our drought and a strategy to not just suppress
wildfires, but, also, to do everything we can to prevent them.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
California (Mr. Obernolte).
Mr. OBERNOLTE. Madam Chair, last year, my home State of California
experienced the worst year for wildfires in the entire history of the
State.
As of this morning, the Oak Fire is burning just outside my district.
It has consumed over 100 homes and displaced tens of thousands of
people.
Science tells us that the only way to reduce the intensity of these
wildfires is to reduce the density of the fuels through either
mechanical thinning or prescribed burns. But unfortunately, this bill
makes the situation even worse by locking up over 58 million new acres
of forest with a wilderness designation that would prevent the use of
mechanical thinning or prescribed burns to reduce the density of the
fuels.
This bill is called the Wildfire Response Act, but, Madam Chair, our
response to wildfires cannot be to take actions that make future
wildfires even more destructive.
I urge a ``no'' vote.
Mr. NEGUSE. Madam Chair, I yield 1\1/2\ minutes to the distinguished
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Madam Chair, I thank the distinguished gentleman
from Colorado for yielding, and I thank this body for recognizing the
cruciality of where we are today as it relates to fires.
I know the gentleman's territory, but many people might not know that
Texas also is impacted by wildfires. So, I rise in strong support for
H.R. 5118, the Wildfire Response and Drought Resiliency Act for many
reasons.
One, I support my firefighters. As anyone has seen firefighters who
fight these fires being interviewed, they are in the midst of the fire.
As anyone has heard the families that look and say there is nothing
here; but for firefighters, I would not be here.
So Houston is no stranger to these weather conditions. Fifty-one
trillion gallons of water fell from Hurricane Harvey, yet wildfires are
another type of extreme weather that imperils our community, and it is
attributable to climate change, as Hurricane Harvey was.
Wildfires are often unplanned fires, which burn in a natural area
such as a forest. Along with the destruction and loss of forests caused
by blazes, there are immediate and long-term environmental impacts that
dramatically affect vital resources. Expanded areas of high-severity
fire can impact tree regeneration, soil erosion, and water quality,
and, yes, the quality of life. It can cause major destruction of
property and loss of life, and this legislation is a recognition of
attempting to address this question and address it now.
The CHAIR. The time of the gentlewoman has expired.
Mr. NEGUSE. Madam Chair, I yield an additional 15 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. Madam Chair, this bill would boost pay and benefits
for firefighters, help the U.S. Forest Service fill gaps in fire
management staff, expand forest management projects, and reduce
hazardous fuels.
I ask my colleagues to support the underlying bill.
Madam Chair, I rise in support of H.R. 5118, also known as the
Wildfire Response and Drought Resiliency Act.
[[Page H7427]]
Climate change is the most important existential challenge of our
lifetime. It is not simply an issue, but a threat with credible and
uncompromising dangers to our world.
Climate change degrades living conditions, human security, and our
government's ability to meet the basic needs of their populations.
For too many years, we have heard warnings from scientists regarding
the danger to people if nothing is done to reverse the amounts of
greenhouse gases released into the atmosphere.
One of the most devastating consequences of climate change is the
frequency and intensity of extreme weather disasters.
Houston is no stranger to these intense weather incidents. On August
25, 2017, Hurricane Harvey, a Category 4 storm hit Texas, causing $125
billion in damages and affecting over 13 million people from Texas
through Louisiana, Mississippi, Tennessee, and Kentucky.
Climatologists agree that global warming contributed to Hurricane
Harvey's impact. Studies found the amount of rainfall was between 15 to
38 percent higher because of global warming.
Rising sea levels as a result of climate change also made flooding
more likely near Gulf Coast cities. The sea levels around Houston were
six inches higher than 20 years ago. This is partly because warmer
global temperatures have been melting the ice caps in Antarctica. They
have been shrinking at 1.6 meters per year, compared to 3.8 centimeters
annually before 1992.
Global warming also stalled weather patterns in the region. That
allowed Harvey to hover over Houston instead of moving back out into
the ocean.
Wildfires are another type of extreme weather event that imperils
many regions of the country. Wildfires are often unplanned fires which
burn in a natural area such as a forest, grassland or prairie. They
have devastating consequences on a region by decimating an environment,
while weakening a community's health and economy.
Along with the destruction and loss of forest caused by blazes, there
are immediate and long-term environmental impacts that dramatically
affect vital resources. Expanded areas of high-severity fire can impact
tree regeneration, soil erosion, and water quality.
Wildfires can affect the physical, chemical, and biological quality
of streams, rivers, lakes and reservoirs. These changes are noticeable
for years and even decades after a fire.
The smoke from wildfires can cause eye and respiratory tract
irritation and in more severe cases, reduced lung function, bronchitis,
and an exacerbation of asthma and heart failure. Air pollution can
spread up to thousands of miles away, not just in the surrounding
region.
Property loss and damage is another consequence of wildfires. In 2020
alone, fires in the U.S. caused $21.9 billion in property damage.
What's more, eight of the 10 costliest wildfires ever in the U.S. have
taken place in the past five years.
Climate change exacerbates these conditions. Long periods of record
high temperatures as a result of climate change intensify droughts that
contribute to dry conditions and drive wildfires, which, in turn,
reinforce the cycle of environmental peril.
Wildfire risk depends on a number of factors such as temperature,
soil moisture, and the presence of trees, shrubs, and other potential
fuel. All these factors have strong direct or indirect ties to climate
variability and climate change.
Climate change enhances the drying of organic matter in forests (the
material that burns and spreads wildfire) and has doubled the number of
large fires between 1984 and 2015 in the western United States.
The stress that extreme weather is placing on the nation cannot be
understated.
H.R. 5118 would boost pay and benefits for firefighters, help the
U.S. Forest Service fill gaps in fire management staff, and expand
forest management projects to reduce hazardous fuels.
The provisions and purpose of this bill are not new. Historically,
Congress has made numerous investments to fight drought, wildfire and
the climate crisis.
The Bipartisan Infrastructure Bill, passed in November 2021,
dedicated $7.81 billion under Title VIII to the DOI and the Forest
Service to reduce wildfire risk and support ecosystem restoration. In
total, the bill allotted $3.369 billion aimed at reducing wildfire
risks. This amount was allocated to supporting firefighters, research
dedicated to risk mapping, satellite wildfire detection, etc.
The measure would provide $1.6 billion in annual spending on
firefighter salaries and expenses at the Forest Service, and just under
$2.4 billion annually for salaries and expenses for forest stewardship
and management in the fiscal year beginning Oct. 1.
Forest management projects, which mainly involve reducing hazardous
fuels such as dead trees, are part of the bill, authorizing $500
million annually for that purpose. The Department of Agriculture would
select up to 20 large, landscape-scale restoration projects over five
years.
H.R. 5118 represents a continuation of bipartisan efforts to support
the reduction of wildfire risk. It is essential in order to protect
communities from the devastating consequences of wildfires and to
actively fight against the impending climate crisis. The provisions
within H.R. 5118 are essential to the protection of our ecosystems and
to the brave first responders who are tasked with wildfire recovery
efforts.
I urge my colleagues to support H.R. 5118.
I include in the Record ``North Texas wildfire continues to grow amid
high heat'' and ``Bottle-magnified sunlight ignited paper and started a
500-acre Texas wildfire, officials say.''
[From ABC News, July 19, 2022)]
North Texas Wildfire Continues To Grow Amid High Heat
Graford, Texas.--A North Texas wildfire continued to grow
Tuesday amid sweltering temperatures and dry conditions after
burning at least a dozen structures, officials said.
The Chalk Mountain Fire about 50 miles (80 kilometers)
southwest of Fort Worth was the largest active Texas wildfire
as of Tuesday afternoon after blackening 6,000 acres (2,400
hectares), an increase from 4,000 acres (1,600 hectares)
Tuesday morning, the Texas A&M Forest Service said. The fire,
which began Monday afternoon, was just 10% contained, and
crews using bulldozers were digging containment lines while
fire trucks and aircraft worked to extinguish the flames, the
Forest Service said.
Late Tuesday afternoon, Hood County Judge Ron Massingill
ordered the mandatory evacuation of a rural area south of
Tolar, about 45 miles (72 kilometers) southwest of Fort
Worth.
It was not yet clear how many, if any, of the 12 structures
lost as of Tuesday afternoon were residences or businesses,
Forest Service spokeswoman Mary Leathers said.
Meanwhile, crews continued to battle a wildfire that has
burned at least 10 structures, five of them homes, around a
lake in North Texas, authorities said.
The fire at Possum Kingdom Lake about 70 miles (113
kilometers) west of Fort Worth, which began Monday afternoon,
had burned about 500 acres (202 hectares) and was 10%
contained Tuesday, Forest Service spokesman Adam Turner said.
Firefighting crews were working around the clock, focusing on
protecting threatened homes in resort subdivisions along the
lake's western shore.
The area remained under a voluntary evacuation notice, the
Forest Service said.
No injuries have been reported from the fires, and their
causes were under investigation. A combination of near-
record- and record-high temperatures approaching 110 degrees
Fahrenheit (43 degrees Celsius) combined with breezes gusting
as high as 30 mph (40-50 kph) and drought conditions leave
the region ripe for fire, the forest service said.
The National Weather Service has issued a red flag fire
warning for northern and central Texas and western and
eastern Oklahoma for Tuesday.
``We are experiencing dry fuels to a level that we haven't
seen in the past 10 years,'' Turner said. ``Any spark that
lands in tall grass or even lands in some short grass right
now is liable to spark.''
Wildfires and intense heat in Texas and some other parts of
the United States come as unusually hot, dry weather has
gripped large swaths of Europe since last week, triggering
wildfires from Portugal to the Balkans and leading to
hundreds of heat-related deaths.
____
[From the Associated Press, July 28, 2022]
Bottle-Magnified Sunlight Ignited Paper and Started a 5oo-Acre Texas
Wildfire, Officials Say
Sunlight magnified by glass bottles in an open garbage can
ignite paper trash, starting a 500-acre North Texas wildfire
that destroyed five homes, fire officials said Thursday.
The July 18 fire on Possum Kingdom Lake's western shore,
about 70 miles west of Fort Worth, took eight days to fully
contain.
Chief Bonnie Watkins of the Possum Kingdom West Side
Volunteer Fire Department found a trash can packed with party
trash that included paper goods, food and numerous glass
bottles, according to a department statement Thursday.
Watkins concluded that a wind gust opened the can lid,
allowing sunlight magnified by the glass bottles to ignite
the paper. The fire built rapidly until the fire spilled from
the can and spread to nearby cedar trees, the statement said.
Rich Johnson, a spokesman for the Insurance Council of
Texas, a nonprofit insurance industry association, said he
had never heard of such a freakish cause for a wildfire.
``A fire started in a trash can is one thing, but one
caused by sunlight magnified by glass bottles? That's a new
one,'' Johnson said.
North Texas has been plagued by numerous explosive
wildfires fostered by extreme drought conditions combined
with temperatures topping 100 degrees and wind gusts.
Another fire that began the same day as the Possum Kingdom
Lake fire continued to burn Thursday about 50 miles southwest
of Fort Worth. However, a multi-agency firefighting team
continued to make slow by
[[Page H7428]]
steady progress in containing the Chalk Mountain Fire that
has blackened 10 1/2 square miles, destroyed 16 homes and
damaged five others.
In a statement, team officials said crews had improved
containment from 50% to 53% from Wednesday to Thursday and
crews suppressed a particularly stubborn portion of the fire
with bulldozers Thursday. However, they also continued to
strengthen fire lines and attack hotspots as conditions
remained critically conducive to ignitions and spreading.
The cause of the Chalk Mountain Fire has not yet been
determined.
____
[From the Center for Climate and Energy Solutions, July 2, 2022]
Wildfires and Climate Change
Climate change has been a key factor in increasing the risk
and extent of wildfires in the Western United States.
Wildfire risk depends on a number of factors, including
temperature, soil moisture, and the presence of trees,
shrubs, and other potential fuel. All these factors have
strong direct or indirect ties to climate variability and
climate change. Climate change enhances the drying of organic
matter in forests (the material that burns and spreads
wildfire), and has doubled the number of large fires between
1984 and 2015 in the western United States.
Research shows that changes in climate create warmer, drier
conditions. Increased drought, and a longer fire season are
boosting these increases in wildfire risk. For much of the
U.S. West, projections show that an average annual 1 degree C
temperature increase would increase the median burned area
per year as much as 600 percent in some types of forests. In
the Southeastern United States modeling suggests increased
fire risk and a longer fire season, with at least a 30
percent increase from 2011 in the area burned by lightning-
ignited wildfire by 2060.
Once a fire starts--more than 80 percent of U.S. wildfires
are caused by people--warmer temperatures and drier
conditions can help fires spread and make them harder to put
out. Warmer, drier conditions also contribute to the spread
of the mountain pine beetle and other insects that can weaken
or kill trees, building up the fuels in a forest.
Land use and forest management also affect wildfire risk.
Changes in climate add to these factors and are expected to
continue to increase the area affected by wildfires in the
United States.
Since 2000, 15 forest fires in the United States have
caused at least $1 billion in damages each, mainly from the
loss of homes and infrastructure, along with firefighting
costs. The 2017 wildfire season was well above average, with
deadly fires in California and throughout the West, including
Montana, Oregon, and Washington state. The 2018 wildfire
season went on to also break records as the deadliest and
most destructive season on record in California. NOAA
estimates the total costs of wildfires in 2017 and 2018 to be
more than $40 billion. In 2019, wildfires caused an estimated
$4.5 billion in damages in California and Alaska. Alaska's
record-breaking heat and dry conditions over the summer
months set the conditions for the state's historic wildfire
season. In 2020, five of the six largest fires on record
burned in California and Oregon saw historic levels of
wildfire spread and damage. Wildfires across the West led to
weeks-long periods of unhealthy air quality levels for
millions of people.
Wildfire can affect:
Federal and State Budgets:
U.S. Forest Service fire suppression expenditures had
increased from about 15 percent of the agency's appropriated
budget to more than 50 percent in 2017. Nationwide
suppression costs in 2017 and 2018 ballooned to $2.9 billion
and $3.1 billion respectively, while state wildfire
expenditures have also increased substantially.
Public Health:
The growing number of people in wild lands is increasing
the risk to life, property and public health. Smoke reduces
air quality and can cause eye and respiratory illness,
especially among children and the elderly. Wildfires that
burn in residential areas can melt plastic water pipes and
cause contamination of water systems with a known carcinogen.
Natural Environment:
Wildfires are a natural part of many ecosystems. Although
wildfires produce a number of greenhouse gases and aerosols
including carbon dioxide, methane, and black carbon, the
plants that re-colonize burned areas remove carbon from the
atmosphere, generally leading to a net neutral effect on
climate. However, when fires burn more frequently and consume
larger areas, as they are doing with climate change, the
released greenhouse gases may not be completely removed from
the atmosphere if plants can't grow to maturity before
burning, or if the plants that re-colonize are less efficient
at carbon uptake.
How to Build Resilience
Communities, builders, homeowners, and forest managers can
reduce the likelihood and impacts of wildfires by:
Discouraging developments (especially residential) near
fire-prone forests through smart zoning rules.
Increasing the space between structures and nearby trees
and brush, and clearing space between neighboring houses.
Incorporating fire-resistant design features and materials
in buildings.
Increasing resources allocated to firefighting and fire
prevention.
Removing fuels, such as dead trees, from forests that are
at risk.
Developing recovery plans before a fire hits, and
implementing plans quickly after a fire to reduce erosion,
limit flooding, and minimize habitat damage.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
Oregon (Mr. Bentz).
Mr. BENTZ. Madam Chair, Oregon, Idaho, California, New Mexico; the
Western United States is on fire. We need to do something now. The
folks here probably remember last year when we looked out the window
here in D.C., we saw smoke going over the top of this town and that was
Oregon or what used to be part of Oregon.
If we are going to avoid that, we need to do something now. To delay
is to destroy. This bill, sadly, should be called the delay bill. Why?
Because built into it throughout are obstacles to getting back into the
forests. Obstacles in the form of foundations for litigation of all
sorts, all types, and what we engage in then is paralysis through
litigation.
This bill creates numerous new means of delaying getting back into
the woods. We cannot afford to do this. To delay is to destroy. This
bill needs to be opposed.
Mr. NEGUSE. Madam Chair, I yield 1 minute to the gentleman from
Maryland (Mr. Hoyer), the majority leader.
Mr. HOYER. Madam Chair, in September of 2020, as the El Dorado fire
raged through California, Big Bear hotshot firefighter Charlie Morton
said to his loved ones what he always said when there was a fire in the
area: ``I've got to go protect my mountains.''
Hotshots like Morton serve in the Vanguard. They are tasked with
making the area safe for other firefighters to operate. As one hotshot
explained: ``We do not get to turn around and walk away.''
I am hopeful that the Congress today does not turn around and walk
away. This bill is a step to deal with the extraordinary consequences
of climate change that is afflicting our country. Yes, it is the West
of our country, but it is afflicting us all, in particularly, the West.
Firefighter Morton knew his work was extremely dangerous, but he did
it anyway because he believed in the importance of protecting our
Nation's forests and the communities they sustain.
On September 17, 2020, backed into a corner by the encroaching
flames, Morton laid down his life in defense of that conviction. It was
a noble sacrifice but one that no one should have to make.
Much like Morton and his fellow hotshots, America cannot afford to
turn around and walk away from the issue of wildfires.
We must do everything we can to ensure that other brave firefighters
do not have to give the full measure of their devotion as Morton did.
That is why I am proud to serve as co-chair of the Congressional Fire
Service Caucus and to bring this Wildfire Response and Drought
Resiliency Act to the floor today.
Exacerbated, as we know, by the climate crisis, parts of the American
West are experiencing the worst drought in 1,200 years, and this is
fueling deadly and damaging wildfires affecting millions of Americans.
These disasters, Madam Chair, tear through communities and inflict
untold destruction and grief.
This issue doesn't just affect those living in the West, however. As
I have said, the effects of drought and wildfires cost our country tens
of billions of dollars each year. We all pay a price; not the price
that Morton paid, but we pay a price.
To my friends on the other side of the aisle who constantly deride
our attempts to address the climate crisis as too expensive, I would
remind them that the cost of inaction in the form of more frequent,
more severe fires, droughts, and other natural disasters is far
greater.
{time} 1245
From time to time, I quote a former Governor of our State, Ted Agnew,
who, in his inaugural address in 1967, on the east front of the capitol
in Annapolis, where I was just entering as a new State senator, said:
``The cost of failure far exceeds the price of progress.'' That is true
here.
We must not fail, and we must respond. And we must respond
effectively.
[[Page H7429]]
This legislation will help us prevent and fight future wildfires by
making investments to support our firefighting response and to protect
vulnerable communities from wildfire. This bill, for instance, would
establish a minimum basic pay of roughly $20 an hour for wildland
firefighters and ensure they have access to other benefits, such as at
least 1 week of mental health leave.
Additionally, this legislation will authorize a 10-year national
wildfire response plan, building on actions already taken by the Biden
administration, and it will expand the role of Tribes and conservation
corps programs in reducing wildfire risks.
This bill, Madam Chair, also includes $500 million in Federal funding
to programs to preserve key Colorado River reservoirs, an absolutely
critical objective for us all. Tens of millions of Americans rely on
that water.
All of these provisions will help us build on the progress we made
with the fire and drought protection measures, including the bipartisan
infrastructure law, which included close to $17 billion for wildfire
and drought prevention and response.
As an aside, Madam Chair, I am told some say this is an authorizing
bill. It is an authorizing bill. That is regular order. It will be our
responsibility to then appropriate the funds that are necessary to
carry out the objectives of this bill, and I hope we can do so in a
bipartisan way.
I thank House Natural Resources Committee Chairman Raul Grijalva for
his leadership and Mr. Neguse, the ranking member, as well, for the
work that they have done. Whether they agree or not, there has been
joint work on this bill. I thank Chairs David Scott, Frank Pallone,
Eddie Bernice Johnson, and Carolyn Maloney for their committees'
contributions.
We can take meaningful action to address these wildfires and drought
by voting ``yes'' on this bill.
Madam Chair, although Charlie Morton perished in the El Dorado fire,
his courageous efforts and those of his fellow firefighters made it
possible to extinguish, ultimately, the flames. They were able to
protect Morton's mountains, including a pristine meadow now named in
his memory.
They did their part to defend our forest and our communities. Today,
Madam Chair, we must do our part.
Mr. WESTERMAN. Madam Chair, I yield 1 minute to the gentleman from
Minnesota (Mr. Stauber).
Mr. STAUBER. Madam Chair, I rise today in opposition to H.R. 5118,
the so-called wildfire response package.
The Greenwood fire in northern Minnesota was the worst in decades. It
ravaged my district, forcing home evacuations, closing the Boundary
Waters, and upending people's lives. Still, even worse wildfires ravage
southern California and across the West.
Wildfires are the result of weather, topography, and fuel. Madam
Chair, the only factor we can control is fuel. Our forests are thick
with dead wood fuel, and they are, predictably, going up in flames.
Real solutions include reforming our broken permitting process so we
can get our loggers into forests on projects to really make a
difference. There are no better conservationists and forest managers.
They know better than anyone how to preserve our forests for future
generations.
Like everything done by this majority, it throws money at a problem
and offers no real solutions to ensure this doesn't happen again. And,
no, not one single wildland firefighter receives a raise under this
bill. $20 an hour is already the minimum wage, and when you authorize
no money with it, it will, in fact, lead to wildland firefighting jobs
being cut.
Republicans are offering solutions. Ranking Member Westerman has the
Trillion Trees Act. I have the ESA Flexibility Act and the Healthy
Forests for Hunters Act.
Madam Chair, Republicans will keep offering solutions until you
accept them because we need to fix this problem. It cannot go on like
this any longer.
Mr. NEGUSE. Madam Chair, might I inquire how much time is remaining
for the respective sides.
The CHAIR. The gentleman from Colorado has 3\1/4\ minutes remaining.
The gentleman from Arkansas has 6\1/2\ minutes remaining.
Mr. WESTERMAN. Madam Chair, I yield 2 minutes to the gentlewoman from
New Mexico (Ms. Herrell).
Ms. HERRELL. Madam Chair, I rise in support of the motion to recommit
and in opposition to the underlying bill.
The legislation before us today is rightly labeled a wildfire
response bill. But, Madam Chair, I believe instead of just focusing on
wildfire response, we as Congress should be focused on wildfire
prevention.
The most immediate way to protect Americans who are threatened by
potential catastrophic wildfire is to prevent these fires from
happening in the first place, and the only way to do this is to
actively manage our forests.
Therefore, I urge my colleagues to support my bill, the Wildfire
Prevention and Drought Mitigation Act, which is a part of this motion
to recommit. This legislation would grant categorical exclusion
authority for forest management projects whose primary purpose is to
protect municipal water resources and to improve watershed health,
water yield, and snowpack.
In addition, projects that are specifically tailored to adapt a
forest landscape to an increased threat of drought would be granted
categorical exclusion authority. Granting categorical exclusion
authority to these projects would streamline the NEPA process and
protect communities in my district that are adjacent to fire-prone
forests.
The underlying bill we are debating here today will make it more
difficult to prevent wildfires by adding new red tape and locking up
millions of acres in wilderness. This is the same approach and
continues to hurt my constituents.
Just a few months ago, the Black fire burned over 300,000 acres of
mostly wilderness area in my district. In northern New Mexico, the
devastating Hermits Peak-Calf Canyon fire burned through the unmanaged
Pecos Wilderness and became the largest fire in our State history.
These fires have destroyed hundreds of homes and will cost New Mexicans
millions of dollars to clean up the damage and rebuild. All of this was
preventable.
Instead of making it more difficult to prevent catastrophic
wildfires, as the underlying bill would do, I ask my colleagues to
support this motion to recommit.
Mr. NEGUSE. Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, I know the distinguished gentleman, Mr.
Hoyer, has left the Chamber, but I did want to personally thank him for
putting the Senate NEPA streamlining bill on the suspension calendar
today. I hope we can work on more issues like that in the future.
Madam Chair, I yield 3\1/2\ minutes to the gentleman from California
(Mr. Valadao).
Mr. VALADAO. Madam Chair, my constituents have faced drought
conditions for years. Communities throughout the Central Valley and the
entire American West are running out of water for daily use in homes,
businesses, and agriculture production. Farmers are being forced to
fallow their fields and dry out their orchards, and hundreds of
thousands of acres will be unable to be planted again this year.
Instead of coming to the table to work on real solutions that would
give families and farmers in my community the water they desperately
need to survive, the majority has decided they would rather play
politics with the most critical resource in the valley.
Apparently, passing political messaging bills to check a box is more
important to my Democratic colleagues than trying to save the
livelihood of thousands of valley farmers trying to put food on the
tables of Americans across the country.
This bill is completely silent on the desperate need for enhanced
water storage infrastructure to better prepare us during wet years. It
does not cut red tape, decrease time delays, or address increased
project costs due to redundant requirements under NEPA.
The bottom line is this bill is bad policy and bad for the Central
Valley. My colleagues don't seem to understand that the fewer
agriculture products the Central Valley produces, the worse off our own
domestic food supply will be. Reduced ag means more of a reliance on
other nations for our food, which is an issue for national security.
We must do better to address the severe drought we are suffering
through in the American West.
[[Page H7430]]
The WIIN Act, which passed with bipartisan support under President
Obama in 2016, provided real relief to valley farmers by increasing
operational flexibility of the Central Valley Project and the
California State Water Project. It also authorized millions of dollars
for important water infrastructure projects to improve the Friant-Kern
Canal, the Delta-Mendota Canal, and the California Aqueduct.
The WIIN Act was critical to ensuring that valley families in rural
communities across the United States have clean, reliable water. We
made great progress because of this legislation. Unfortunately,
authorities under the WIIN Act expired in 2021.
This is why I introduced the RENEW WIIN Act, to extend storage and
operation provisions of the WIIN Act and authorize funds for critical
water storage projects.
Over three quarters of the Democrats in this House supported these
positions in 2016. But this week, they refused to include my bill in
this so-called drought relief package. They are blocking an actual
solution to the crisis in the name of environmental justice.
Madam Chair, where is the justice in letting thousands of valley
farmers lose their livelihoods because they cannot get something as
basic as water?
If this drought bill was truly about solving the water crisis in the
West, the House majority would include the RENEW WIIN Act in this
package instead of actively blocking its consideration.
Madam Chair, I am once again urging the House majority to consider
this legislation that will bring water to the people in my community
doing everything possible to survive this terrible drought.
Madam Chair, I urge the Democrat majority to stop playing politics
with the resource that the entire country is so reliant on.
Madam Chair, I include in the Record the text of the amendment.
At the end of division A, insert the following:
SEC. 303. CATEGORICAL EXCLUSION FOR WILDFIRE PREVENTION AND
DROUGHT MITIGATION.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of
actions hereby designated as being categorically excluded
from the preparation of an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under
this section for a categorical exclusion are forest
management activities carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is to--
(1) protect a municipal or Tribal water source from damage
caused by wildfire;
(2) improve ecosystem health, resilience, and other
watershed and habitat conditions;
(3) improve, maintain, or restore water yield or quality;
(4) improve, maintain, or restore snowpack;
(5) adapt the forest landscape to an increased threat of
drought; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(c) Availability of Categorical Exclusion.--On and after
the date of the enactment of this Act, the Secretary
concerned may use the categorical exclusion established under
subsection (a) in accordance with this section.
(d) 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 established
under subsection (a) may not contain treatment units
exceeding a total of 10,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion established under
subsection (a) may contain treatment units exceeding a total
of 10,000 acres but not more than a total of 30,000 acres if
the forest management activity is located in an area that, at
the time of such activity--
(A) is in a severe, extreme, or exceptional drought; or
(B) has been in a severe, extreme, or exceptional drought
in the previous 5 years.
(e) Exclusions.--The authorities provided by this section
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 a national or State specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried out under
such authority is consistent with the forest plan applicable
to the area; or
(B) the Secretary concerned determines the activity is
allowed under the applicable roadless rule governing such
lands; or
(3) on which timber harvesting for any purpose is
prohibited by Federal statute.
(f) Definitions.--In this section--
(1) 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 consistent with the forest plan covering such
lands.
(2) 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).
(3) 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)).
(4) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except
that the term includes Coos Bay Wagon Road Grant lands and
Oregon and California Railroad Grant lands.
(5) 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.
At the end of division B, insert the following:
TITLE IX--RENEW WIIN ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Responsible, No-Cost
Extension of Western Water Infrastructure Improvements Act''
or the ``RENEW WIIN Act''.
SEC. 902. EXTENSION OF AUTHORITY.
Subtitle J of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322) is amended--
(1) in section 4007 (43 U.S.C. 390(b) note), in subsection
(i), by striking ``January 1, 2021'' and inserting ``January
1, 2031''; and
(2) in section 4013 (43 U.S.C. 390(b) note)--
(A) in the first sentence, by striking ``the date that is 5
years after the date of its enactment'' and inserting
``December 31, 2031''; and
(B) in paragraph (1), by striking ``10 years after the date
of its enactment'' and inserting ``on December 31, 2036''.
Mr. WESTERMAN. Madam Chair, may I inquire as to the time remaining on
both sides.
The CHAIR. The gentleman from Arkansas has 1 minute remaining. The
gentleman from Colorado has 3\1/4\ minutes remaining.
Mr. WESTERMAN. Madam Chair, I reserve the balance of my time.
Mr. NEGUSE. Madam Chair, I yield myself such time as I may consume.
Madam Chair, I heard with great interest my colleague from
California's remarks. I have to say I did take umbrage with his
characterization of the bills within this omnibus package, as I think
he put it, as ``political messaging bills.''
I don't think that Mr. LaMalfa, a Republican from California, would
characterize his bill, the Tribal Biochar Promotion Act, as a political
messaging bill. His bill is in this bill.
I don't think that Mr. Moore, a Republican of Utah, would
characterize his bill, the Saline Lake Ecosystems in the Great Basin
States Program Act, as a political messaging bill. His bill is in this
bill.
I don't think that Ms. Lofgren would characterize her bill, the
Wildland Firefighter Fair Pay Act, as a political messaging bill. That
bill is before the House today.
That is probably the best place for me to begin to close.
We have heard a lot from the other side about various
mischaracterization's of firefighter pay and wildland firefighter pay
and what this bill does and does not do. For the benefit of every
American watching, I would encourage you to read the bill.
This body approved a pay increase for wildland firefighters a year
ago. All but 13 of my colleagues on the other side of the aisle voted
against it. You can check the Record. That pay increase expires a year
from now. This bill seeks to make that pay increase permanent.
One could only hope that my colleagues who have made much about
appropriating language will join me. I look forward to asking the
ranking member after this vote to join me on
[[Page H7431]]
the bill to appropriate the firefighter pay increase that this bill
will authorize.
Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
A poet named Joyce Kilmer wrote his most famous poem called
``Trees,'' and it begins with, ``I think that I shall never see a poem
as lovely as a tree.''
Trees and forests are poetic. They tug at our heartstrings. They
evoke emotion. And I sincerely appreciate the emotion that my
colleagues across the aisle have. I really believe we want to get to
the same place of having healthy trees and healthy forests.
It was that that motivated me to go to forestry school and study
forestry. Little did I know that I would have the honor and the huge
responsibility of standing on the floor of this august body and
speaking for the trees.
We want to do the right thing. We know how to do the right thing. We
know how to take care of these trees and take care of these forests.
Unfortunately, what is in this bill doesn't do that. What is in this
bill doesn't help the water situation. We should not pass this bill.
Let's work together, come up with real solutions, pass them out of
this House, and get them signed into law to help our forests, our
firefighters, and our drought conditions.
Madam Chair, I yield back the balance of my time.
{time} 1300
Mr. NEGUSE. Madam Chair, how much time do I have remaining.
The Acting CHAIR (Mrs. Watson Coleman). The gentleman from Colorado
has 1\1/4\ minutes remaining.
Mr. NEGUSE. Madam Chair, I yield myself the balance of my time.
Madam Chair, I have great respect for the ranking member. We work
together and have had rigorous and robust debates about forest
management. We have partnered on some bills, and we have opposed each
other's respective positions on others. But the signs that the other
side have been using during this debate about firefighter pay and the
like are simply not true.
I understand if my colleagues on the other side believe that the
firefighter pay increase that is authorized by this bill and that makes
the pay increases that were authorized last year permanent, I
understand if they believe that it is too expensive. They are welcome
to make that argument. I disagree.
But I hope that every Member of this Chamber can, again, adhere to
substantive debate on the text of the bill that is before the House,
and the text of this bill authorizes an increase for wildland
firefighters who are bravely sacrificing so much for our country. It
authorizes additional dollars for the Forest Service to do incredibly
important forest management work to prevent the next fire in Colorado,
in Utah, in New Mexico, and in Arizona. The bill authorizes significant
investments to ensure that the drought we are experiencing at record
levels in the West can be addressed.
Madam Chair, I urge my colleagues to support this bill, and I yield
back the balance of my time.
Mr. THOMPSON of California. Madam Chair, I rise in strong support of
H.R. 5118, the Wildfire Response and Drought Resiliency Act.
Our communities have been hit hard by wildfires year after year.
During the 2017 wildfire season, 44 people were killed and nearly 5,000
people lost their homes. Five years later, our communities are still
rebuilding.
We made significant investments in the Infrastructure Investment and
Jobs Act to fight and prepare for wildfires.
The Wildfire Response and Drought Resiliency Act is another step
towards providing our communities with the resources we need to combat
wildfires and reduce drought.
I am particularly pleased to see my language requesting information
from the Department of Agriculture on crop losses due to natural
disasters included in this bill.
Given the prolonged drought conditions and the constant threat of
wildfire and smoke exposure, we already know that many of our growers
will need disaster assistance for 2022 losses.
The information we request from USDA will help inform my work to
reauthorize the Emergency Relief Program for 2022 losses.
This bill includes a crucial cost share adjustment and establishes a
minimum basic pay and hiring authorities for federal wildland
firefighters--providing necessary resources to those who put their
lives on the line to save our lives and homes.
This bill provides authorization for the pre-deployment of resources
during red flag warnings similar to how we prepare resources in advance
of oncoming hurricanes.
This bill also includes provisions from the FEED Act, legislation I
was proud to introduce, allowing local restaurants to partner with the
government to distribute healthy food to wildfire victims during their
time of need.
As we continue to address the climate crisis, I will continue to do
everything I can to ensure our communities have the resources they need
to prevent and recover from the fires that continue to threaten our
homes and livelihoods every year.
I urge a yes vote on this bill.
Ms. DeGette. Madam Chair, studies show that when our environmental
laws are broken our poorest communities disproportionately pay the
price. Communities such as Globeville and Elyria-Swansea--two
predominantly Hispanic neighborhoods in my district--are being
inundated by the pollution coming from the highways, railyard and
industrial plants around them.
The problem is: While EPA monitors each of these sources
individually, they don't consider the cumulative health impact that all
of these sources combined can have on nearby residents.
The legislation I included in this bill will change that. It will
require EPA, for the first time, to address the cumulative effect of
multiple sources of nearby pollution. It will also require EPA to
identify 100 of the most heavily polluted communities in the country
and ensure the laws put in place to protect them are being enforced.
Ensuring ``Environmental Justice'' for all Americans needs to be more
than just a catchphrase, it should be our collective mission. I urge
all of my colleagues to support this bill.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Natural Resources, printed in the bill, an amendment
in the nature of a substitute consisting of the text of Rules Committee
Print 117-57, modified by the amendment printed in part B of House
Report 117-432, shall be considered as adopted.
The bill, as amended, shall be considered as the original bill for
the purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:
H.R. 5118
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Response and
Drought Resiliency Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A--WILDFIRE
TITLE I--FEDERAL LANDS WORKFORCE
Subtitle A--Federal Wildland Firefighters
Sec. 101. Tim Hart Wildland Firefighter Pay Parity.
Sec. 102. Waiver of premium pay limitations for certain employees
engaged in emergency wildland fire suppression
activities.
Sec. 103. Direct hire authority.
Subtitle B--Authorization of Appropriations for Forest Service Fire and
Non-Fire Salaries and Expenses
Sec. 111. In general.
Subtitle C--Other Personnel
Sec. 121. National Environmental Policy Act strike teams.
Sec. 122. Community mitigation assistance teams.
Sec. 123. Filling Forest Service recreation management staff vacancies.
Sec. 124. Filling vacancies and increasing number of positions
available in the Forest Service to address public safety
and protection concerns.
TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND
RECOVERY
Subtitle A--10-Year National Wildfire Plan
Sec. 201. Definitions.
Sec. 202. Implementation of 10-year National Wildfire Plan.
Sec. 203. Selection and implementation of landscape-scale forest
restoration projects.
Sec. 204. Youth and conservation corps assistance with projects under
the Plan.
Sec. 205. Prescribed fire training exchanges.
Sec. 206. Ecosystem restoration grant fund through National Fish and
Wildlife Foundation.
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Sec. 207. National community capacity and land stewardship grant
program.
Sec. 208. Protection of inventoried roadless areas.
Sec. 209. Strategic wildland fire management planning for prescribed
fire.
Sec. 210. Long-Term Burned Area Recovery account.
Sec. 211. Report on 10-year National Wildfire Plan implementation.
Sec. 212. Performance metrics tracking.
Subtitle B--Tribal Biochar Promotion
Sec. 221. Tribal and Alaska Native Biochar demonstration project.
TITLE III--OTHER MATTERS
Sec. 301. Requirements relating to certain fire suppression cost share
agreements.
Sec. 302. Investment of certain funds into interest bearing
obligations.
DIVISION B--DROUGHT
TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE
Sec. 101. Advancing large-scale water recycling and reuse projects.
Sec. 102. Salton Sea projects improvements.
Sec. 103. Near-term actions to preserve Colorado River system.
Sec. 104. WaterSMART access for Tribes.
Sec. 105. Reclamation water settlements fund.
Sec. 106. Bureau of Reclamation Tribal clean water assistance.
Sec. 107. White Mountain Apache Tribe Rural Water System.
Sec. 108. Desalination research authorization.
Sec. 109. Water Resources Research Act amendments.
Sec. 110. Saline Lake ecosystems in the Great Basin States Assessment
and Monitoring Program.
Sec. 111. Extension of authorizations related to fish recovery
programs.
Sec. 112. Reclamation climate change and water program.
Sec. 113. Authorization of appropriations for the Las Vegas Wash
program.
Sec. 114. Terminal lakes assistance.
Sec. 115. Expedited measures for drought response.
Sec. 116. Water efficiency, conservation, and sustainability.
TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Assistance for Projects With Fastest Construction Timelines
Sec. 211. Water recycling and reuse projects.
Sec. 212. Desalination project development.
Sec. 213. Assistance for disadvantaged communities without adequate
drinking water.
Subtitle B--Improved Water Technology and Data
Sec. 221. X-prize for water technology breakthroughs.
Sec. 222. Water technology investment program established.
Sec. 223. Federal priority streamgages.
Subtitle C--Drought Response and Preparedness for Ecosystems
Sec. 231. Aquatic ecosystem restoration program.
Sec. 232. Watershed health program.
Sec. 233. Waterbird habitat creation program.
Sec. 234. Support for refuge water deliveries.
Sec. 235. Drought planning and preparedness for critically important
fisheries.
Sec. 236. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Sec. 237. Sustaining biodiversity during droughts.
Sec. 238. Water resource education.
TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Findings.
Sec. 304. Open Access Evapotranspiration (OpenET) Data Program.
Sec. 305. Report.
Sec. 306. Authorization of appropriations.
TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Lease or exchange agreements.
Sec. 405. Storage agreements.
Sec. 406. Agreements for creation of water for the Colorado River
System or for Storing Water in Lake Mead.
Sec. 407. Secretarial approval; disapproval; agreements.
Sec. 408. Responsibilities of the Secretary.
Sec. 409. Agreement between the CRIT and the State.
Sec. 410. Agreement between the CRIT, the State, and the Secretary.
Sec. 411. No effect on the CRIT decreed allocation.
Sec. 412. Allottee use of water.
Sec. 413. Consideration paid to the CRIT.
Sec. 414. Liability of the United States.
Sec. 415. Application.
Sec. 416. Rule of construction.
TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. Ratification and execution of Hualapai Tribe water rights
settlement agreement.
Sec. 505. Water rights.
Sec. 506. Hualapai Water Trust Fund Account; construction of Hualapai
water project; funding.
Sec. 507. Authorizations of appropriations.
Sec. 508. Environmental compliance.
Sec. 509. Waivers, releases, and retentions of claims.
Sec. 510. Satisfaction of water rights and other benefits.
Sec. 511. Land added to Hualapai Reservation.
Sec. 512. Trust land.
Sec. 513. Reallocation of CAP NIA Priority Water; Firming; Water
Delivery Contract; Colorado River Accounting.
Sec. 514. Enforceability date.
Sec. 515. Administration.
TITLE VI--WATER DATA
Sec. 601. Definitions.
Sec. 602. National water data framework.
Sec. 603. Water Data Council.
Sec. 604. Advisory Committee on Water Information.
Sec. 605. Water data grant program.
Sec. 606. Authorization of appropriations.
TITLE VII--NOGALES WASTEWATER IMPROVEMENT
Sec. 701. Short title.
Sec. 702. Amendments to the Act of July 27, 1953.
Sec. 703. Nogales sanitation project.
TITLE VIII--RIO GRANDE WATER SECURITY
Sec. 801. Short title.
Subtitle A--Rio Grande Water Security
Sec. 811. Definitions.
Sec. 812. Integrated water resources management plan for the Rio Grande
Basin.
Sec. 813. Rio Grande Basin Working Group.
Sec. 814. Effect of subtitle.
Subtitle B--Pueblo Irrigation
Sec. 821. Reauthorization of Pueblo irrigation infrastructure grants.
DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS
TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE
Sec. 101. Natural Disaster Grid Mitigation Map.
Sec. 102. Interregional minimum transfer capability requirements.
Sec. 103. Critical document fee waiver.
Sec. 104. Hermit's Peak/Calf Canyon Fire Assistance.
Sec. 105. Fire management assistance cost share.
Sec. 106. Transitional sheltering assistance.
Sec. 107. Grid resilience study.
Sec. 108. Nonnative plant species removal grant program.
Sec. 109. Centers of excellence for research on wildfire smoke.
Sec. 110. Community smoke planning.
Sec. 111. Disaster equity and fairness.
Sec. 112. FEMA improvement, reform, and efficiency.
Sec. 113. Fire investigations.
Sec. 114. Critical infrastructure and microgrid program.
TITLE II--NATIONAL DISASTER SAFETY BOARD ACT
Sec. 201. Establishment and purpose.
Sec. 202. General authority.
Sec. 203. Recommendations and responses.
Sec. 204. Reports and studies.
Sec. 205. Appointment and organization.
Sec. 206. Methodology.
Sec. 207. Administrative.
Sec. 208. Disclosure, availability, and use of information.
Sec. 209. Training.
Sec. 210. Funding.
Sec. 211. Authority of the Inspector General.
Sec. 212. Evaluation and audit of National Disaster Safety Board.
Sec. 213. Definitions.
TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM
Sec. 301. Establishment of National Wildland Fire Risk Reduction
Program.
Sec. 302. Program activities.
Sec. 303. Interagency Coordinating Committee on Wildland Fire Risk
Reduction.
Sec. 304. National Advisory Committee on Wildland Fire Risk Reduction.
Sec. 305. Government Accountability Office review.
Sec. 306. Responsibilities of Program agencies.
Sec. 307. Budget activities.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
DIVISION D--ENVIRONMENTAL JUSTICE
Sec. 101. Definitions.
Sec. 102. Environmental justice community technical assistance grants.
Sec. 103. White House Environmental Justice Interagency Council.
Sec. 104. Federal agency actions to address environmental justice.
Sec. 105. Training of employees of Federal agencies.
Sec. 106. Environmental justice basic training program.
Sec. 107. Environmental justice clearinghouse.
Sec. 108. Public meetings.
Sec. 109. National Environmental Justice Advisory Council.
Sec. 110. Environmental justice grant programs.
Sec. 111. Environmental justice community solid waste disposal
technical assistance grants.
Sec. 112. Environmental justice community, State, and Tribal grant
programs.
Sec. 113. Protections for environmental justice communities against
harmful Federal actions.
Sec. 114. Prohibited discrimination.
Sec. 115. Right of action.
Sec. 116. Rights of recovery.
Sec. 117. Public health risks associated with cumulative environmental
stressors.
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Sec. 118. Climate justice grant program.
Sec. 119. Environmental justice for communities overburdened by
environmental violations.
SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
DIVISION A--WILDFIRE
TITLE I--FEDERAL LANDS WORKFORCE
Subtitle A--Federal Wildland Firefighters
SEC. 101. TIM HART WILDLAND FIREFIGHTER PAY PARITY.
(a) Federal Wildland Firefighter Pay.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act--
(A) the minimum rate of basic pay for any Federal wildland
firefighter position shall be not less than the rate of pay
for step 3 of GS-6 of the General Schedule; and
(B) any such position shall receive locality pay under
section 5304 of title 5, United States Code, at the rate of
``Rest of U.S.''.
(2) Annual adjustments.--Notwithstanding any other
provision of law, beginning in the first pay period beginning
on or after the date that the minimum rates of pay under
paragraph (1) begin to apply, and annually thereafter, the
basic rate of pay for each Federal wildland firefighter shall
be increased by not less than the percentage equal to the
percent change in the Consumer Price Index (all items--United
States city average), published monthly by the Bureau of
Labor Statistics, for December of the preceding year over
such Consumer Price Index for the December of the year prior
to the preceding year, adjusted to the nearest one-tenth of 1
percent.
(3) Compensation comparable to non-federal firefighters.--
Not later than 1 year after the date the minimum rates of pay
under paragraph (1) begin to apply, the Secretary of
Agriculture and the Secretary of the Interior shall submit a
report to Congress on whether pay, benefits, and bonuses
provided to Federal wildland firefighters are comparable to
the pay, benefits, and bonuses provided for non-Federal
firefighters in the State or locality where Federal wildland
firefighters are based.
(4) Hazardous duty pay.--Each Federal wildland firefighter
who is carrying out work completed during prescribed fire,
parachuting, tree climbing over 20 feet, hazard tree removal,
and other hazardous work as identified by the Secretary of
Interior and the Secretary of Agriculture, shall be
considered an employee in an occupational series covering
positions for which the primary duties involve the
prevention, control, suppression, or management of wildland
fires under section 5545(d) of title 5, United States Code.
The Director of the Office of Personnel Management may
prescribe regulations to carry out this paragraph.
(5) Mental health leave.--Each Federal wildland firefighter
shall be entitled to 7 consecutive days of leave, without
loss or reduction in pay, during any calendar year. Leave
provided under this paragraph shall not--
(A) accumulate for use in succeeding years; and
(B) be considered to be annual or vacation leave for
purposes of section 5551 or 5552 of title 5, United States
Code, or for any other purpose.
(b) Pay Parity for Federal Structural Firefighters.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, any pay, benefits, and bonuses
provided to any Federal structural firefighter shall be
comparable with the pay, benefits, and bonuses provided for
Federal wildland firefighters.
(2) Report.--Not later than 1 year after the date the
minimum rates of pay under subsection (a)(1) begin to apply,
the Director of the Office of Personnel Management shall
submit a report to Congress on whether pay for such Federal
structural firefighters is competitive with Federal wildland
firefighters
(c) Definitions.--In this section--
(1) the term ``Federal structural firefighter''--
(A) has the meaning given the term ``firefighter'' in
section 8401 of chapter 84 of title 5, United States Code;
and
(B) does not include any Federal wildland firefighter; and
(2) the term ``Federal wildland firefighter'' means any
individual occupying a position within the Wildland Fire
Management Series, 0456 established by the Office of
Personnel Management pursuant to section 40803(d) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
or any subsequent series.
SEC. 102. WAIVER OF PREMIUM PAY LIMITATIONS FOR CERTAIN
EMPLOYEES ENGAGED IN EMERGENCY WILDLAND FIRE
SUPPRESSION ACTIVITIES.
(a) Short Title.--This section may be cited as the
``Wildland Firefighter Fair Pay Act''.
(b) Definitions.--In this section:
(1) Covered employee.--The term ``covered employee'' means
an employee of the Department of Agriculture, the Department
of the Interior, or the Department of Commerce.
(2) Covered services.--The term ``covered services'' means
services performed by a covered employee that are determined
by the Secretary concerned to be primarily relating to
emergency wildland fire suppression activities.
(3) Premium pay.--The term ``premium pay'' means the
premium pay paid under the provisions of law described in
section 5547(a) of title 5, United States Code.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to an
employee of the Department of Agriculture;
(B) the Secretary of the Interior, with respect to an
employee of the Department of the Interior; and
(C) the Secretary of Commerce, with respect to an employee
of the Department of Commerce.
(c) Waiver of Premium Pay Period Limitation.--Any premium
pay for covered services shall be disregarded in calculating
the aggregate of the basic pay and premium pay for the
applicable covered employee for purposes of a pay period
limitation under section 5547(a) of title 5, United States
Code, or under any other provision of law.
(d) Waiver of Annual Premium Pay Limitation.--Any premium
pay for covered services shall be disregarded in calculating
any annual limitation on the amount of overtime pay payable
in a calendar year or fiscal year under section 5547(b) of
title 5, United States Code.
(e) Pay Limitation.--A covered employee may not be paid
premium pay if, or to the extent that, the aggregate amount
of the basic pay and premium pay (including premium pay for
covered services) of the covered employee for a calendar year
would exceed the rate of basic pay payable for a position at
level II of the Executive Schedule under section 5313 of
title 5, United States Code, as in effect at the end of that
calendar year.
(f) Treatment of Additional Premium Pay.--If the
application of this section results in the payment of
additional premium pay to a covered employee of a type that
is normally creditable as basic pay for retirement or any
other purpose, that additional premium pay shall not be--
(1) considered to be basic pay of the covered employee for
any purpose; or
(2) used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under
section 5551 or 5552 of title 5, United States Code.
(g) Overtime Rates.--Section 5542(a)(5) of title 5, United
States Code, is amended by striking ``the United States
Forest Service in''.
SEC. 103. DIRECT HIRE AUTHORITY.
(a) Short Title.--This section may be cited as the
``Conservation Jobs Act of 2022''.
(b) Direct Hire Authority.--Section 147(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3197(d)) is amended
by adding at the end the following:
``(4) Direct hire authority.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture may appoint, without regard to the
provisions of subchapter I of chapter 33 of title 5, United
States Code (other than sections 3303 and 3328 of such
title), covered graduates directly to any position with the
Forest Service for which the candidate meets Office of
Personnel Management qualification standards.
``(B) Limitations.--The Secretary may not appoint under
subparagraph (A)--
``(i) during fiscal year 2023, more than 10 covered job
corps graduates;
``(ii) during fiscal year 2024, more than 20 covered job
corps graduates;
``(iii) during fiscal year 2025, more than 30 covered job
corps graduates; and
``(iv) during fiscal year 2026 and each fiscal year
thereafter, more than 50 covered job corps graduates.
``(C) Covered job corps graduate defined.--In this
paragraph, the term `covered graduate' means a graduate of a
Civilian Conservation Center who successfully completed a
training program, including in administration, human
resources, business, or quality assurance, that was focused
on forestry, wildland firefighting, or another topic relating
to the mission of the Forest Service.''.
Subtitle B--Authorization of Appropriations for Forest Service Fire and
Non-Fire Salaries and Expenses
SEC. 111. IN GENERAL.
There is authorized to be appropriated--
(1) for salaries and expenses of fire-related employees of
the Forest Service to carry out wildfire preparedness under
the wildland fire management program authorized pursuant to
the Organic Administration Act of 1897 (16 U.S.C. 551),
$1,615,600,000 for fiscal year 2023 and each fiscal year
thereafter; and
(2) for salaries and expenses of National Forest System
employees not described in paragraph (1) to carry out
activities for the stewardship and management of the National
Forest System, $2,353,400,000 for fiscal year 2023 and each
fiscal year thereafter.
Subtitle C--Other Personnel
SEC. 121. NATIONAL ENVIRONMENTAL POLICY ACT STRIKE TEAMS.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Agriculture
shall, for each region of the Forest Service, establish and
maintain at least one NEPA strike team per region.
(b) Priority Assignments.--The Secretary of Agriculture
shall give priority assignments to NEPA strike teams
established under subsection (a) that serve--
(1) areas of the National Forest System with a high or very
high risk of wildfire; and
(2) at-risk communities with a significant number or
percentage of homes exposed to wildfire.
(c) Composition of Strike Teams.--Strike teams established
under subsection (a) shall, to the maximum extent
practicable, consist of interdisciplinary members who have
demonstrated success in the efficient and effective
completion of all stages of compliance with the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
SEC. 122. COMMUNITY MITIGATION ASSISTANCE TEAMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the
[[Page H7434]]
Secretary of Agriculture shall, for each region of the Forest
Service, establish and maintain at least one community
mitigation assistance team.
(b) Priority Assignments.--The Secretary of Agriculture
shall give priority assignments to community mitigation
assistance teams established under subsection (a) that serve
at-risk communities with a significant number or percentage
of homes exposed to a high or very high risk of wildfire.
(c) Assessments.--With respect to a community mitigation
assistance team established under subsection (a), the
Secretary of Agriculture may--
(1) at the request of a State or political subdivision,
assign such a team to provide pre-fire assessments; and
(2) assign such a team to an area or community to provide
post-fire assessments.
SEC. 123. FILLING FOREST SERVICE RECREATION MANAGEMENT STAFF
VACANCIES.
(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall fill vacancies
in Forest Service recreation management and planning staff,
including recreation technicians, recreation officers, and
natural resource managers.
(b) Priority.--The Secretary shall prioritize filling
vacancies under subsection (a) in units of the National
Forest System that--
(1) are at high or very high risk of wildfires; and
(2) are located in areas of substantial public use.
(c) Training and Certification as a Forest Protection
Officer.--The Secretary may provide the opportunity for any
individual who fills a vacancy pursuant to subsection (a) to
receive training and certification as a Forest Protection
Officer.
SEC. 124. FILLING VACANCIES AND INCREASING NUMBER OF
POSITIONS AVAILABLE IN THE FOREST SERVICE TO
ADDRESS PUBLIC SAFETY AND PROTECTION CONCERNS.
(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall--
(1) fill vacancies in the Forest Service in roles that
primarily address public safety and protection;
(2) assess the number of positions necessary to promote
public safety and protect resources from unauthorized use;
and
(3) seek to increase the number of positions available, as
described in paragraph (2), as appropriate.
(b) Priority.--The Secretary shall prioritize filling
vacancies and increasing the number of positions under
subsection (a) in units of the National Forest System that--
(1) are at high or very high risk of wildfires; and
(2) are located in areas of substantial public use.
TITLE II--WILDFIRE, ECOSYSTEM PROTECTION, COMMUNITY PREPAREDNESS, AND
RECOVERY
Subtitle A--10-Year National Wildfire Plan
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Plan.--The term ``Plan'' means the plan required under
section 202(a).
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System lands; and
(B) the Secretary of the Interior, with respect to public
lands.
SEC. 202. IMPLEMENTATION OF 10-YEAR NATIONAL WILDFIRE PLAN.
(a) In General.--The Secretary of Agriculture shall, in
coordination with the Secretary of the Interior, implement a
10-year National Wildfire Plan that--
(1) includes--
(A) hazardous fuels and prescribed fire activities to
address wildfire risk;
(B) vegetation, watershed, wildlife and fisheries habitat
management to maintain habitat and improve ecological
conditions, including--
(i) protecting mature and old-growth trees and forests;
(ii) maintaining habitat in a way that advances at-risk
species recovery and conservation; and
(iii) completing consultations required under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C) management of recreation, heritage, and wilderness
programs;
(D) activities under the Joint Fire Science Program to
address wildfire risk;
(E) the activities required under this subtitle;
(F) the activities included in--
(i) the National Cohesive Wildland Fire Management Strategy
(and successor documents);
(ii) the Wildfire Crisis Strategy entitled ``Confronting
the Wildfire Crisis: A Strategy for Protecting Communities
and Improving Resilience in America's Forests'' and dated
January 2022 (and successor documents);
(iii) the Wildfire Crisis Strategy Implementation Plan
entitled ``Wildfire Crisis Implementation Plan'' and dated
January 2022 (and successor documents); and
(iv) the Wildfire Crisis Landscape Investments plan
entitled ``Confronting the Wildfire Crisis: Initial Landscape
Investments to Protect Communities and Improve Resilience in
America's Forests'' dated April 2022 (and successor
documents); and
(G) such other wildfire-related activities as determined
appropriate by the Secretary of Agriculture or the Secretary
of the Interior, in accordance with existing law and
regulations; and
(2) in accordance with section 203, prioritizes carrying
out landscape-scale restoration projects.
(b) Coordination.--In carrying out subsection (a), to the
maximum extent practicable, the Secretary of Agriculture, in
coordination with the Secretary of Interior, shall--
(1) utilize cooperative forestry authorities and
agreements, including but not limited to the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.);
(2) solicit proposals from States, counties, and Tribes to
address water quantity and quality concerns;
(3) solicit proposals from States, counties, and Tribes for
hazardous fuels treatments;
(4) consider the long-term State-wide assessments and
forest resource strategies established in section 2A the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101a); and
(5) provide priority to collaboratively developed projects.
(c) Funding.--
(1) Authorization of appropriations.--
(A) Hazardous fuels and prescribed fire.--There is
authorized to be appropriated to the Secretary of Agriculture
to carry out hazardous fuels and prescribed fire activities
under subsection (a)(1)(A), $500,000,000 for each of fiscal
years 2023 through 2032.
(B) Vegetation, watershed, wildlife, and fisheries
management.--There is authorized to be appropriated to the
Secretary of Agriculture to carry out vegetation, watershed,
wildlife and fisheries management activities under subsection
(a)(1)(B), $500,000,000 for each of fiscal years 2023 through
2032.
(C) Recreation, heritage, wilderness.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out recreation, heritage, and wilderness programs under
subsection (a)(1)(C), $500,000,000 for each of fiscal years
2023 through 2032.
(D) Joint fire science program.--There is authorized to be
appropriated to carry out wildfire risk reduction and
research activities of the Joint Fire Science Program
pursuant to the Plan, $20,000,000, for each of fiscal years
2023 through 2032, of which--
(i) $10,000,000 shall be made available to the Secretary of
Agriculture; and
(ii) $10,000,000 shall be made available to the Secretary
of the Interior.
(2) Hazardous fuels.--
(A) Permissive use.--Of the amounts made available pursuant
to paragraph (1)(A) for a fiscal year, up to 10 percent may
be used to cover a portion of wildland firefighter salaries,
so long as the positions to which such salaries apply are
full-time and cover projects and activities to reduce
wildfire risk.
(B) Limitation.--The amounts made available pursuant to
paragraph (1)(A) may not be used to cover any portion of
wildland firefighter salaries if the activities to reduce
wildfire risk are considered wildfire suppression activities.
SEC. 203. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE
FOREST RESTORATION PROJECTS.
(a) In General.--In carrying out the Plan, the Secretary of
Agriculture shall select, in accordance with this section,
landscape-scale forest restoration projects--
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National
Forest System land, in coordination with other Federal and
non-Federal entities.
(b) Initial Phase.--During the 5-year period beginning on
the date of enactment of this Act, subject to the
availability of appropriations, the Secretary of Agriculture
shall select not more than 20 landscape-scale forest
restoration projects under subsection (a).
(c) Eligibility Requirements.--
(1) In general.--Subject to paragraph (2), to be eligible
for selection and implementation under subsection (a), a
landscape-scale forest restoration project shall satisfy the
following requirements:
(A) The purposes and needs for the project shall be--
(i) to restore the ecological integrity and ecological
resilience of terrestrial and aquatic areas that have
departed from reference conditions within the forest
landscape;
(ii) to restore appropriate natural fire regimes, including
by reducing fuel loads in areas that have departed from
reference conditions, taking into account the current and
projected impacts of climate change; and
(iii) to conduct wildfire risk reduction activities within
the wildland-urban interface to the extent that the project
includes lands within the wildland-urban interface.
(B) The project shall be developed and supported by a
collaborative group that--
(i) includes multiple interested persons representing
diverse interests;
(ii) is transparent and inclusive; and
(iii) has sufficient expertise, capacity, and scientific
support to effectively plan, implement, and monitor
landscape-level, ecologically based forest restoration
activities.
(C) The project shall be based on a landscape assessment
that shall--
(i) cover a landscape of--
(I) except as provided in subclauses (II) and (III), not
less than 100,000 acres;
(II) in such limited cases as the Secretary of Agriculture
determines to be appropriate, not less than 80,000 acres if--
(aa) the assessment is completed or substantially completed
as of the date of enactment of this Act; and
(bb) in the determination of the Secretary of Agriculture,
assessing a larger area is not necessary to restore the
integrity, resilience, and fire regimes of the landscape; or
(III) not less than 50,000 acres in the case of a project
that is carried out east of the 100th meridian;
(ii) evaluate ecological integrity and determine reference
conditions for the landscape;
[[Page H7435]]
(iii) identify terrestrial and aquatic areas within the
landscape that have departed from reference conditions;
(iv) identify criteria to determine appropriate restoration
treatments within degraded areas of the landscape to achieve
reference conditions, including management prescriptions and
necessary mitigation measures to protect at-risk species;
(v) be based on the best available scientific information
and data, including, where applicable, high-resolution
imagery, LiDAR, and similar technologies and information, and
involve direct engagement by scientists; and
(vi) identify priority restoration strategies for
terrestrial and aquatic areas, including prescribed fire and
wildfires managed for multiple resource benefits, which shall
focus on--
(I) areas that are the most departed from reference
conditions; and
(II) areas that would benefit the most from reducing the
risk of uncharacteristic wildfire, especially with respect to
nearby communities, taking into account other completed,
ongoing, planned fuels-reduction projects, and the effects of
recent wildfires.
(D) Restoration treatments under the project--
(i) shall emphasize the reintroduction of characteristic
fire, based on forest ecology and reference conditions,
through the use of prescribed fire, wildfire, or both;
(ii) that involve any proposed mechanical treatments shall
be designed to promote--
(I) the restoration of reference conditions in areas that
lack ecological integrity, with a focus on the reduction of
surface and ladder fuels; and
(II) the establishment of conditions that will facilitate
prescribed fire or managed wildfire;
(iii) shall--
(I) fully maintain or contribute to the restoration of
reference old forest conditions, taking into account the
current and projected impacts of climate change; and
(II) protect or increase the number and distribution of
large old trees, consistent with reference conditions,
excepting any de minimis losses of large old trees from
prescribed fire or hazardous tree removal; and
(iv) that involve prescribed fire shall provide advance
notification, in accordance with notification procedures
developed by the Secretary of Agriculture, to the owner or
operator of critical infrastructure, such as a power line
right-of-way, of any prescribed fire treatments within close
proximity to the infrastructure.
(E) The project shall be consistent with all applicable
environmental laws, including--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(iii) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).
(F) The project shall be consistent with section 208.
(G) The project shall require multiparty monitoring,
including opportunities for public engagement, and an
adaptive management approach that--
(i) conditions the future implementation of the project on
the satisfactory completion of--
(I) priority restoration actions; and
(II) required monitoring after implementation;
(ii) validates conditions projected to occur in the
environmental analysis for the project; and
(iii) requires modifications to the project if monitoring
reveals impacts beyond the anticipated impacts of the
project.
(H)(i) No new permanent road may be built as part of the
project.
(ii) Any new temporary roads needed to implement the
project shall be decommissioned not later than 3 years after
completion of the project.
(I) The project shall use an efficient approach to
landscape-scale analysis and decisionmaking that is
consistent with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), which may include--
(i) the preparation of a single environmental impact
statement or environmental assessment, as applicable, for the
entire project, incorporating the landscape assessment
described in subparagraph (C);
(ii) the use of, as applicable--
(I) multiple records of decision to implement a single
environmental impact statement; or
(II) multiple decision notices to implement a single
environmental assessment;
(iii) the preparation of a programmatic environmental
impact statement or environmental assessment, as applicable,
for the entire project, incorporating the landscape
assessment described in subparagraph (C), followed by
focused, concise, and site-specific--
(I) environmental assessments; or
(II) categorical exclusions consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(iv) the use of the landscape assessment described in
subparagraph (C), through incorporation by reference and
similar approaches, to support focused, concise, and site-
specific--
(I) environmental assessments; or
(II) categorical exclusions consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Exception.--If the Secretary of Agriculture determines
that there are an insufficient number of projects that fully
comply with the requirements described in paragraph (1) to
implement based on all available funding, then the Secretary
of Agriculture may, during the 2-year period beginning on the
date of enactment of this Act, select under subsection (a)
not more than a total of 5 landscape-scale forest restoration
projects to implement that do not fully comply with those
requirements if the projects--
(A) fully comply with the requirements described in
subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that
paragraph;
(B) in the determination of the Secretary of Agriculture,
have purposes and needs that are consistent with the purposes
and needs described in subparagraph (A) of that paragraph;
and
(C) are supported by landscape assessments that are
substantially (if not completely) consistent with the
requirements described in subparagraph (C) of that paragraph,
subject to the condition that the applicable landscape
assessments fully comply with the requirements described in
clauses (i) and (v) of that subparagraph.
(d) Evaluation of Eligible Projects.--
(1) In general.--In determining which landscape-scale
forest restoration projects to select under subsection (a),
the Secretary of Agriculture shall consider--
(A) the criteria described in paragraph (2);
(B) the extent to which the project utilizes the approaches
to project implementation described in paragraph (3); and
(C) the recommendations of the advisory panel established
under subsection (e).
(2) Criteria.--The criteria referred to in paragraph (1)(A)
are--
(A) the demonstrated need, based on the best available
science, to restore ecological integrity to degraded or
departed areas within the landscape covered by the project,
taking into account the current and projected impacts of
climate change;
(B)(i) the importance of watersheds in the area covered by
the project for downstream waters supply; and
(ii) the opportunity to improve the ecological integrity
and ecological conditions of those watersheds and reduce
risks to water resources through landscape-scale forest
restoration;
(C)(i) the potential extent of cost sharing for the
development and implementation of the project from diverse
sources, such as State or local governments, water or
electric utilities, carbon credits, or private entities; and
(ii) the proportion of the non-Federal cost share that is
in the form of cash contributions;
(D) whether the area covered by the project has high-
resolution, remote-sensing data and other information
available that enables a landscape assessment and a robust
analysis and disclosure of the effects and outcomes of
implementing restoration activities;
(E) whether the project is using, or will use, innovative
approaches to completing resource surveys that are less
costly and less time-consuming than usual practices while
providing the information necessary for project design and
analysis;
(F) whether the project will reduce the number of miles of
permanent roads on National Forest System land that are not
necessary for resource management or recreational access;
(G) whether the project will assess or quantify the
ecosystem service benefits of forest restoration within the
landscape covered by the project, such as water, carbon,
biodiversity, fire risk reduction, public health, and
community safety;
(H) whether the project has the potential to support new or
existing wood processing infrastructure that can make
economic use of the byproducts of forest restoration;
(I) whether the project has the potential to support local
employment and investment opportunities, particularly in
economically disadvantaged communities;
(J) the scale of the landscape assessment for the project,
with a preference for projects for which the landscape
assessment covers a larger area; and
(K) whether the project--
(i) strives to restore ecological integrity and ecological
conditions within areas across land ownerships, including
State and private land; and
(ii) will reduce the risk of uncharacteristic wildfire,
and, to the extent practicable, restore ecological integrity,
within the wildland-urban interface.
(3) Collaboration.--The Secretary of Agriculture may
coordinate with Federal, State, local, and Tribal agencies
with respect to selection and implementation under subsection
(a), a landscape-scale forest restoration project.
(e) Advisory Panel.--
(1) In general.--The Secretary of Agriculture shall
establish and maintain an advisory panel composed of not more
than 15 members to evaluate, and provide recommendations on--
(A) each landscape-scale forest restoration project that
the Secretary of Agriculture is reviewing for potential
selection under subsection (a); and
(B) proposals for planning and developing landscape-scale
forest restoration projects.
(2) Representation.--The Secretary of Agriculture shall
ensure that the membership of the advisory panel established
under paragraph (1) is fairly balanced in terms of the points
of view represented and the functions to be performed by the
advisory panel.
(3) Inclusion.--The advisory panel established under
paragraph (1) shall include experts in ecological forest
restoration, fire ecology, fire management, rural economic
and workforce development, strategies for ecological
adaptation to climate change, fish and wildlife ecology, and
woody biomass and small-diameter tree utilization.
(4) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 204. YOUTH AND CONSERVATION CORPS ASSISTANCE WITH
PROJECTS UNDER THE PLAN.
In carrying out projects under the Plan, the Secretaries
shall, to the maximum extent practicable--
(1) identify appropriate projects to be carried out by, and
enter into cooperative agreements to carry out such projects
with--
[[Page H7436]]
(A) qualified youth or conservation corps (as defined in
section 203 of the Public Lands Corps Act of 1993 (16 U.S.C.
1722)); or
(B) nonprofit wilderness and trails stewardship
organizations, including--
(i) the Corps Network;
(ii) the National Wilderness Stewardship Alliance;
(iii) American Trails; and
(iv) other public lands stewardship organizations, as
appropriate; and
(2) waive any matching funds requirements, including under
section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)).
SEC. 205. PRESCRIBED FIRE TRAINING EXCHANGES.
(a) Western Prescribed Fire Centers.--
(1) In general.--In carrying out the Plan, the Secretaries
shall establish 1 or more centers to train individuals in
prescribed fire methods and other methods relevant to the
mitigation of wildfire risk (referred to in this subsection
as a ``center'').
(2) Host institutions.--The 1 or more centers shall be--
(A) located at 1 or more institutions of higher education;
or
(B) developed in collaboration with 1 or more institutions
of higher education.
(3) Goals.--The 1 or more centers shall advance the
following goals:
(A) Training individuals and conducting research on
prescribed fire methods and other restoration methods
relevant to the mitigation of wildfire risk.
(B) Developing and advancing interdisciplinary science
relating to wildfire, including social science and human
dimensions of wildfire.
(C) Conducting ongoing and forward-looking needs
assessments among stakeholders, including Federal and State
agencies and Indian Tribes, to determine common need
requirements and emerging challenges to reduce wildfire risk
and adapt communities to increased risk from wildfire,
including the following hazard-related focus areas:
(i) Increasing disaster resilience.
(ii) Mitigation and management methods.
(iii) Air quality.
(iv) Firestorm weather forecasting and burn-area debris
flow forecasting, including empirical and modeling research.
(D) Collaborating with Federal wildfire scientists at the
Forest Service, the Department of the Interior, and other
related Federal agencies.
(E) Identifying, through a detailed engagement process
targeting defined end-users, the requirements and delivery
mechanisms for products and services that are practical and
will have an impact on mitigating wildfire risk.
(F) Promoting technology transfer with pathways for
dissemination, implementation, and application of research
results on the ground, using and enhancing previous research.
(G) Ensuring the connectivity and interoperability of
distributed services to maximize synergies and benefits
across services.
(H) Developing open digital infrastructure to make research
data, science, and models open for all sectors to use.
(I) Collaborating with prescribed fire and wildfire science
programs, including the Joint Fire Science Program, Fire
Science Exchange Networks, and State and Regional Prescribed
Fire Associations.
(J) Advancing best practices and training for safely
pursuing, conducting, and controlling prescribed fires.
(K) Creating processes to facilitate public comment prior
to prescribed fire implementation.
(4) Location.--
(A) In general.--The 1 or more centers shall be located in
any State the entirety of which is located west of the 100th
meridian.
(B) Consultation.--The Secretaries shall consult with the
Joint Fire Science Program to solicit and evaluate proposals
for the location of the 1 or more centers.
(C) Selection.--Not later than 1 year after the date of
enactment of this Act, based on the consultation under
subparagraph (B), the Secretaries shall select a location for
the 1 or more centers.
(b) Additional Training Centers.--Subject to the
availability of appropriations, not later than September 30,
2023, the Secretary of the Interior, in cooperation with the
Secretary of Agriculture, shall--
(1) establish and operate a prescribed fire training center
in a western State;
(2) continue to operate a prescribed fire training center
in an eastern State;
(3) establish a virtual prescribed fire training center;
and
(4) establish and maintain a Strategic Wildfire Management
Training Center.
SEC. 206. ECOSYSTEM RESTORATION GRANT FUND THROUGH NATIONAL
FISH AND WILDLIFE FOUNDATION.
(a) Establishment.--Not later than 180 days after the date
of enactment of this section, the Secretary shall enter into
a cooperative agreement with the Foundation to establish the
Community Resilience and Restoration Fund at the Foundation
to--
(1) improve community safety in the face of climactic
extremes through conservation and protection of restoration
and resilience lands;
(2) to protect, conserve, and restore restoration and
resilience lands in order to help communities respond and
adapt to natural threats, including wildfire, drought,
extreme heat, and other threats posed or exacerbated by the
impacts of global climate;
(3) to build the resilience of restoration and resilience
lands to adapt to, recover from, and withstand natural
threats, including wildfire, drought, extreme heat, and other
threats posed or exacerbated by the impacts of global climate
change;
(4) to protect and enhance the biodiversity of wildlife
populations, with special consideration to the recovery and
conservation of at-risk species, across restoration and
resilience lands;
(5) to support the health of restoration and resilience
lands for the benefit of present and future generations;
(6) to foster innovative, nature-based solutions that help
meet the goals of this section; and
(7) to enhance the nation's natural carbon sequestration
capabilities and help communities strengthen natural carbon
sequestration capacity where applicable.
(b) Management of the Fund.--The Foundation shall manage
the Fund--
(1) pursuant to the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701 et seq.); and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which the
Fund is established--
(A) ensures that amounts made available through the Fund
are accessible to historically underserved communities,
including Tribal communities, communities of color, and rural
communities; and
(B) avoids project selection and funding overlap with those
projects and activities that could otherwise receive funding
under--
(i) the National Oceans and Coastal Security Fund,
established under the National Oceans and Coastal Security
Act (16 U.S.C. 7501); or
(ii) other coastal management focused programs.
(c) Competitive Grants.--
(1) In general.--To the extent amounts are available in the
Fund, the Foundation shall award grants to eligible entities
through a competitive grant process in accordance with
procedures established pursuant to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.) to carry out eligible projects and activities,
including planning eligible projects and activities.
(2) Proposals.--The Foundation, in coordination with the
Secretary, shall establish requirements for proposals for
competitive grants under this section.
(d) Use of Amounts in the Fund.--
(1) Planning.--Not less than 8 percent of amounts
appropriated annually to the Fund may be used to plan
eligible projects and activities, including capacity
building.
(2) Administrative costs.--(A) Not more than 4 percent of
amounts appropriated annually to the Fund may be used by the
Foundation for administrative expenses of the Fund or
administration of competitive grants offered under the Fund.
(B) Not more than 4 percent of the amounts appropriated
annually to the Fund may be used by the United States Fish
and Wildlife Service for administrative expenses.
(3) Priority.--Not less than $10,000,000 of the amounts
appropriated annually to the Fund shall be awarded annually
to support eligible projects and activities for Indian
Tribes.
(4) Coordination.--The Secretary and Foundation shall
ensure, to the greatest extent practicable and through
meaningful consultation, that input from Indian Tribes,
including traditional ecological knowledge, is incorporated
in the planning and execution of eligible projects and
activities.
(e) Reports.--
(1) Annual reports.--Beginning at the end the first full
fiscal year after the date of enactment of this section, and
not later than 60 days after the end of each fiscal year in
which amounts are deposited into the Fund, the Foundation
shall submit to the Secretary a report on the operation of
the Fund including--
(A) an accounting of expenditures made under the Fund,
including leverage and match as applicable;
(B) an accounting of any grants made under the Fund,
including a list of recipients and a brief description of
each project and its purposes and goals; and
(C) measures and metrics to track benefits created by
grants administered under the Fund, including enhanced
biodiversity, water quality, natural carbon sequestration,
and resilience.
(2) 5-Year reports.--Not later than 90 days after the end
of the fifth full fiscal year after the date of enactment of
this section, and not later than 90 days after the end every
fifth fiscal year thereafter, the Foundation shall submit to
the Secretary a report containing--
(A) a description of any socioeconomic, biodiversity,
community resilience, or climate resilience or mitigation
(including natural carbon sequestration), impacts generated
by projects funded by grants awarded by the Fund, including
measures and metrics illustrating these impacts;
(B) a description of land health benefits derived from
projects funded by grants awarded by the Fund, including an
accounting of--
(i) lands treated for invasive species;
(ii) lands treated for wildfire threat reduction, including
those treated with controlled burning or other natural fire-
management techniques; and
(iii) lands restored either from wildfire or other forms or
degradation, including over-grazing and sedimentation;
(C) key findings for Congress, including any recommended
changes to the authorization or purposes of the Fund;
(D) best practices for other Federal agencies in the
administration of funds intended for land and habitat
restoration;
(E) information on the use and outcome of funds
specifically set aside for planning and capacity building
pursuant to subsection (d)(1); and
(F) any other information that the Foundation considers
relevant.
(3) Submission of reports to congress.--Not later than 10
days after receiving a report under this section, the
Secretary shall submit the report to the Committee on Natural
Resources of the House of Representatives and the
[[Page H7437]]
Committee on Environment and Public Works of the Senate.
(f) Authorization of Appropriations.--There is hereby
authorized to be appropriated to the Fund $100,000,000 for
each of fiscal years 2023 through 2032 to carry out this
section.
(g) Definitions.--For purposes of this section:
(1) The term ``eligible entity'' means a Federal agency,
State, the District of Columbia, a territory of the United
States, a unit of local government, an Indian Tribe, a non-
profit organization, or an accredited institution of higher
education.
(2) The term ``eligible projects and activities'' means
projects and activities carried out by an eligible entity on
public lands, Tribal lands, or private land, or any
combination thereof, to further the purposes for which the
Fund is established, including planning and capacity building
and projects and activities carried out in coordination with
Federal, State, or Tribal departments or agencies, or any
department or agency of a subdivision of a State.
(3) The term ``Foundation'' means the National Fish and
Wildlife Foundation established under the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et
seq.).
(4) The term ``Fund'' means the Community Resilience and
Restoration Fund established under subsection (a).
(5) The term ``Indian Tribe'' means the governing body of
any Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component reservation
individually identified (including parenthetically) on the
list published by the Secretary under section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(6) The term ``restoration and resilience lands'' means
fish, wildlife, and plant habitats, and other important
natural areas in the United States, on public lands, private
land (after obtaining proper consent from the landowner), or
land of Indian Tribes, including grasslands, shrublands,
prairies, chapparral lands, forest lands, deserts, and
riparian or wetland areas within or adjacent to these
ecosystems.
(7) The term ``public lands'' means lands owned or
controlled by the United States.
(8) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the United States
Fish and Wildlife Service.
(9) The term ``State'' means a State of the United States,
the District of Columbia, any Indian Tribe, and any
commonwealth, territory, or possession of the United States.
SEC. 207. NATIONAL COMMUNITY CAPACITY AND LAND STEWARDSHIP
GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Community capacity.--The term ``community capacity''
means the ability of an eligible entity to carry out or
assist in a land stewardship activity.
(2) Disadvantaged community.--The term ``disadvantaged
community'' means--
(A) a low-income community (as defined in section 45D(e) of
the Internal Revenue Code of 1986); and
(B) a community that includes a significant population that
has been systematically denied a full opportunity to
participate in aspects of economic, social, and civic life
based on a particular characteristic, such as Black, Latino,
Indigenous, and Native American persons, Asian Americans,
Pacific Islanders, and other persons of color.
(3) Eligible entity.--The term ``eligible entity'' means
any the following entities that is located in or represents a
disadvantaged community:
(A) An organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(B) A collaborative group fiscally sponsored by an
organization described in subparagraph (A).
(C) A unit of local government.
(D) An Indian Tribe.
(E) A special district government, as defined by the
Director of the Bureau of the Census.
(4) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) Land stewardship activity.--The term ``land stewardship
activity'' means any of the following activities, as applied
to a qualifying project:
(A) Planning.
(B) Collaboration and building community support.
(C) Implementation on land other than National Forest
System land.
(D) Monitoring, including multiparty monitoring, and
adaptive management.
(7) Qualifying project.--The term ``qualifying project''
means any of the following activities that takes place at
least in substantial part on National Forest System land or
national grasslands:
(A) Restoration of the ecological integrity of a forest,
meadow, grassland, prairie, or other habitat.
(B) Tribal management for aligned cultural and ecological
values.
(C) Enhancing community wildfire resilience in the
wildland-urban interface.
(D) Increasing equitable access to environmental education
and volunteerism opportunities.
(8) Restoration.--The term ``restoration'' has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(b) Purpose.--The purpose of this section is to support
increasing community capacity, partnerships, and
collaborations within and involving disadvantaged communities
for land stewardship activities and restoration of ecological
integrity on--
(1) National Forest System land;
(2) national grasslands; and
(3) adjacent private, State, and trust land associated with
the health and resilience of land described in paragraphs (1)
and (2).
(c) Administration.--
(1) In general.--The Secretary may issue grants to eligible
entities for increasing community capacity for land
stewardship activities and related activities based on the
criteria described in subsection (d).
(2) Federal cost-share.--
(A) In general.--The Secretary may fund up to 100 percent
of the cost of land stewardship activities and related
activities carried out using a grant issued under paragraph
(1).
(B) Matching eligibility.--A grant issued under this
section may be considered a non-Federal matching contribution
from the eligible entity that received the grant towards
other sources of Federal funding.
(3) Duration.--The Secretary may issue a grant under
paragraph (1) for a period of 1 or more years.
(4) Maximum grant amount.--The amount of a grant issued
under paragraph (1) shall be not more than $50,000 per year.
(5) Applicable laws.--The Secretary shall administer grants
under paragraph (1) in accordance with all applicable Federal
and State laws.
(d) Criteria for Awarding Grants.--
(1) In general.--Subject to paragraph (2), the Secretary
shall award grants to eligible entities under subsection
(c)(1) on a competitive basis in accordance with the
following criteria:
(A) The extent to which the proposed land stewardship
activities benefit units of the National Forest System and
national grasslands over the short and long term.
(B) The extent to which valuable ecological, economic, and
social benefits to disadvantaged communities, including job
creation and business development or retention, are likely to
result from the scope of the land stewardship activities.
(C) The extent to which the grant would benefit
disadvantaged communities that have historically received
less investment in collaborative capacity.
(D) The extent to which the proposal brings together
diverse interests through planning, collaboration,
implementation, or monitoring of land stewardship activities
to benefit units of the National Forest System or national
grasslands.
(E) The extent to which the grant funds appear to be
critical for the success of the eligible entity and the
identified land stewardship activities.
(F) The extent to which the budget for the land stewardship
activities is reasonable given the anticipated outcomes.
(2) Set-aside for indian tribes.--The Secretary shall
allocate not less than 10 percent of the funding awarded
under this section to Indian Tribes or eligible entities
representing Indian Tribes.
(e) Annual Reviews.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel composed of not more than 15 members to
provide feedback each year to the Chief of the Forest Service
on the extent to which the implementation of this section is
fulfilling the purpose described in subsection (b).
(2) Inclusions.--The advisory panel established under
paragraph (1) shall include representation from a diversity
of public land stakeholders from across interest groups,
including--
(A) not fewer than 8 members representing the interests of
a diversity of disadvantaged communities; and
(B) not fewer than 2 members representing not fewer than 2
Indian Tribes.
(3) Exemption.--The advisory panel established under
paragraph (1) shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
(f) Report Evaluating Program Implementation.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture, the Committee on Natural Resources,
and the Committee on Appropriations of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Energy and Natural Resources,
and the Committee on Appropriations of the Senate a report
evaluating the implementation of this section, including--
(A) a list of the eligible entities and land stewardship
activities selected for funding under this section and the
accomplishments of those activities; and
(B) an evaluation of the extent to which the implementation
of this section is fulfilling the purpose described in
subsection (b).
(2) Consultation; contracting.--In preparing the report
under paragraph (1), the Secretary--
(A) shall consult with the advisory panel established under
subsection (e)(1); and
(B) may contract with a third party to complete an
evaluation of the implementation of this section to inform
the report.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $50,000,000 for the
period of fiscal years 2023 through 2032.
(2) Distribution.--The Secretary shall, to the maximum
extent practicable, distribute amounts
[[Page H7438]]
made available under paragraph (1) in a geographically
equitable manner.
(3) Administrative costs.--Not more than 10 percent of any
amounts made available to carry out this section may be used
for administrative management and program oversight.
SEC. 208. PROTECTION OF INVENTORIED ROADLESS AREAS.
The Secretary of Agriculture shall not authorize road
construction, road reconstruction, or the cutting, sale, or
removal of timber on National Forest System lands subject to
the Roadless Area Conservation Rule as published on January
12, 2001 (66 Fed. Reg. 3243) except as provided in--
(1) subpart B of part 294 of title 36, Code of Federal
Regulations (as in effect on January 12, 2001);
(2) subpart C of part 294 of title 36, Code of Federal
Regulations (as in effect on October 16, 2008 for Idaho); and
(3) subpart D of part 294 of title 36, Code of Federal
Regulations (as provided for Colorado on July 3, 2012 and
December 19, 2016).
SEC. 209. STRATEGIC WILDLAND FIRE MANAGEMENT PLANNING FOR
PRESCRIBED FIRE.
(a) In General.--Not later than September 30, 2024, the
Secretary concerned shall, in accordance with this section,
establish a spatial fire management plan for any prescribed
fire.
(b) Use of Existing Information.--To comply with this
section, the Secretary concerned may use a fire management
plan in existence on the date of enactment of this Act, and
information from the Wildland Fire Decision Support System
and the Interagency Fuels Treatment Decision Support System.
(c) Updates.--To be valid, a spatial fire management plan
established under this section shall not be in use for longer
than the 10-year period beginning on the date on which the
plan is established.
(d) Contents.--For each spatial fire management plan
established under this section, the Secretary concerned
shall--
(1) base the plans on a landscape-scale risk assessment
that includes--
(A) risks to firefighters;
(B) risks to communities;
(C) risks to highly valuable resources; and
(D) other relevant considerations determined by the
Secretary concerned;
(2) include direction, represented in spatial form, from
land management plans and resource management plans;
(3) in coordination with States, delineate potential
operational delineations that--
(A) identify potential prescribed fire or wildfire control
locations; and
(B) specify the places in which firefighters will not be
sent because of the presence of unacceptable risk, including
areas determined by the Secretary concerned as--
(i) exceeding a certain slope;
(ii) containing too high of a volume of hazardous fuels,
under certain weather conditions; or
(iii) containing other known hazards;
(4) include a determination of average severe fire weather
for the plan area;
(5) include prefire planning provisions;
(6) include a plan for emergency wildfire suppression
activities; and
(7) include, at a minimum, any other requirement determined
to be necessary by the Secretary concerned.
(e) Consistency With Management Plans.--The spatial fire
management plans established under this section shall, to the
maximum extent practicable, be consistent with the fire
management objectives and land management objectives in the
applicable land management plan or resource management plan.
(f) Revisions to Land Management Plans and Resource
Management Plans.--A revision to a land management plan or
resource management plan shall consider fire ecology and fire
management in a manner that facilitates the issuance of
direction for an incident response.
SEC. 210. LONG-TERM BURNED AREA RECOVERY ACCOUNT.
(a) Establishment of Account.--There is established in the
Treasury of the United States the Long-Term Burned Area
Recovery account for the Department of Agriculture.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2023 and each fiscal year
thereafter for the account established by subsection (a) such
sums as are necessary to carry out the activities described
in subsection (d), not to exceed $100,000,000.
(c) Annual Requests.--For fiscal year 2023 and each fiscal
year thereafter, the Secretary of Agriculture shall submit to
Congress and in accordance with subsection (b), a request for
amounts necessary to carry out the activities described in
subsection (d).
(d) Authorized Activities.--The Secretary of Agriculture
shall use amounts in the account established by subsection
(a) for recovery projects--
(1) that begin not earlier than 1 year after the date on
which the wildfire was contained;
(2) that are--
(A) scheduled to be completed not later than 3 years after
the date on which the wildfire was contained; and
(B) located at sites impacted by wildfire on non-Federal or
Federal land; and
(3) that restore the functions of an ecosystem or protect
life or property.
(e) Prioritization of Funding.--The Secretary of
Agriculture shall prioritize, on a nationwide basis, projects
for which funding requests are submitted under this section,
based on--
(1) downstream effects on water resources; and
(2) public safety.
SEC. 211. REPORT ON 10-YEAR NATIONAL WILDFIRE PLAN
IMPLEMENTATION.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Inspector General of
the Department of Agriculture shall submit to Congress a
report on the progress made in the prior year towards
completing the goals established under the Plan that
includes--
(1) the amount of funding appropriated to carry out the
Plan pursuant to the provisions of this subtitle with respect
to the prior fiscal year; and
(2) recommendations to improve implementation of the Plan.
SEC. 212. PERFORMANCE METRICS TRACKING.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of
Agriculture shall submit to Congress an assessment with
respect to the prior year of the following:
(1) The acres effectively treated by the Department of
Agriculture on National Forest System lands to reduce
wildfire risk or improve habitat condition--
(A) within the wildland urban interface;
(B) within backcountry areas (including roadless and
wilderness);
(C) within a priority watershed area;
(D) within an identified wildlife corridor; and
(E) for which prescribed fire or wildfire achieved an
ecosystem management goal.
(2) Watershed assessment of the National Forest System,
including if watershed conditions have degraded, improved, or
been maintained.
(3) Carbon emissions and sequestration from National Forest
System lands.
Subtitle B--Tribal Biochar Promotion
SEC. 221. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION
PROJECT.
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a
et seq.) is amended as follows:
(1) In section 2--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (g) as
subsections (a) through (f), respectively,
(C) by striking ``subsection (b)'' each place it appears
and inserting ``subsection (a)''; and
(D) by striking ``subsection (c)'' each place it appears
and inserting ``subsection (b)''.
(2) By adding at the end the following:
``SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION
PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For
each of fiscal years 2021 through 2030, the Secretary shall
enter into stewardship contracts or similar agreements
(excluding direct service contracts) with Indian Tribes or
Tribal organizations to carry out demonstration projects to
support the development and commercialization of biochar on
Indian forest land or rangeland and in nearby communities by
providing reliable supplies of feedstock from Federal land.
``(b) Demonstration Projects.--In each fiscal year for
which demonstration projects are authorized under this
section, not less than 4 new demonstration projects that meet
the eligibility criteria described in subsection (c) shall be
carried out under contracts or agreements described in
subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian Tribe
shall submit to the Secretary an application that includes--
``(1) a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian Tribe; and
``(B) the demonstration project proposed to be carried out
by the Indian Tribe; and
``(2) such other information as the Secretary may require.
``(d) Selection.--In evaluating the applications submitted
under subsection (c), the Secretary shall--
``(1) take into consideration whether a proposed project--
``(A) creates new jobs and enhances the economic
development of the Indian Tribe;
``(B) demonstrates new and innovative uses of biochar,
viable markets for cost effective biochar-based products, or
ecosystem services of biochar;
``(C) improves the forest health or watersheds of Federal
land or Indian forest land or rangeland;
``(D) demonstrates new investments in biochar
infrastructure or otherwise promotes the development and
commercialization of biochar;
``(E) is located in an area with--
``(i) nearby lands identified as having a high, very high,
or extreme risk of wildfire;
``(ii) availability of sufficient quantities of feedstock;
or
``(iii) a high level of demand for biochar or other
commercial byproducts of biochar; or
``(F) any combination of purposes specified in
subparagraphs (A) through (E); and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of the enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian Tribes and appropriate intertribal organizations
likely to be affected in developing the application and
otherwise carrying out this section.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section and every year thereafter, the
Secretary shall submit to Congress a report that describes,
with respect to the reporting period--
``(1) each individual Tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(g) Incorporation of Management Plans.--To the maximum
extent practicable, on
[[Page H7439]]
receipt of a request from an Indian Tribe, the Secretary
shall incorporate into a contract or agreement with that
Indian Tribe entered into pursuant to this section,
management plans (including forest management and integrated
resource management plans and Indian Trust Asset Management
Plans) in effect on the Indian forest land or rangeland of
that Indian Tribe.
``(h) Term.--A contract or agreement entered into under
this section--
``(1) shall be for a term of not more than 10 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Biochar.--The term `biochar' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
``(2) Federal land.--The term `Federal land' means--
``(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
``(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702)), the surface of which is administered by the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
``(3) Feedstock.--The term `feedstock' means excess biomass
in the form of plant matter or materials that serves as the
raw material for the production of biochar.
``(4) Indian forest land or rangeland..--The term `Indian
forest land or rangeland' means land that--
``(A) is held in trust by, or with a restriction against
alienation by, the United States for an Indian Tribe or a
member of an Indian Tribe; and
``(B)(i)(I) is Indian forest land (as defined in section
304 of the National Indian Forest Resources Management Act
(25 U.S.C. 3103)); or
``(II) has a cover of grasses, brush, or any similar
vegetation; or
``(ii) formerly had a forest cover or vegetative cover that
is capable of restoration.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(6) Secretary.--The term `Secretary' means--
``(A) the Secretary of Agriculture, with respect to land
under the jurisdiction of the Forest Service; and
``(B) the Secretary of the Interior, with respect to land
under the jurisdiction of the Bureau of Land Management.
``(7) Tribal organization.--The term `Tribal organization'
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).''.
TITLE III--OTHER MATTERS
SEC. 301. REQUIREMENTS RELATING TO CERTAIN FIRE SUPPRESSION
COST SHARE AGREEMENTS.
(a) Establishment of Standard Operating Procedures.--Not
later than 1 year after the date of the enactment of this
section, the covered Secretaries shall--
(1) establish standard operating procedures relating to
fire suppression cost share agreements established under the
Act of May 27, 1955 (42 U.S.C. 1856a) (commonly known as the
``Reciprocal Fire Protection Act''); and
(2) with respect to each fire suppression cost share
agreement in operation on such date--
(A) review each such agreement; and
(B) modify each agreement as necessary to comply with the
standard operating procedures required under paragraph (1).
(b) Alignment of Fire Suppression Cost Share Agreements
With Cooperative Fire Protection Agreements.--The standard
operating procedures required under subsection (a)(1) shall
include a requirement that each fire suppression cost share
agreement be aligned with each of the cooperative fire
protection agreements applicable to the entity subject to
such fire suppression cost share agreement.
(c) Second-level Review.--The standard operating procedures
required under subsection (a)(1) shall include--
(1) a requirement that the covered Secretaries, to the
maximum extent practicable, complete reviews, including
second-level reviews of a fire suppression cost share
agreement, as soon as practicable after a wildfire relating
to the area covered by such fire suppression cost share
agreement is contained; and
(2) a requirement that in completing such reviews, the
covered Secretaries consults with State and local fire
suppression organizations.
(d) Covered Secretaries Defined.--In this section, the term
``covered Secretaries'' means--
(1) the Secretary of Agriculture;
(2) the Secretary of the Interior;
(3) the Secretary of Homeland Security; and
(4) the Secretary of Defense.
SEC. 302. INVESTMENT OF CERTAIN FUNDS INTO INTEREST BEARING
OBLIGATIONS.
Section 7 of the Act of June 20, 1958 (16 U.S.C. 579c), is
amended--
(1) by striking ``of any improvement, protection, or
rehabilitation'' and inserting ``of any assessment,
improvement, protection, restoration, or rehabilitation'';
and
(2) by striking ``Provided, That'' and all that follows
through the period at the end and inserting: ``Provided, That
any monies covered into the Treasury under this section,
including all monies that were previously collected by the
United States in a forfeiture, judgment, compromise, or
settlement, shall be invested by the Secretary of the
Treasury in interest bearing obligations of the United States
to the extent the amounts are not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals: Provided further, That any interest earned on
the amounts, including any interest earned by investment, is
hereby appropriated and made available until expended to
cover the costs to the United States specified in this
section: Provided further, That, for fiscal year 2021 and
thereafter, the Secretary shall include in the budget
materials submitted to Congress in support of the President's
annual budget request (submitted to Congress pursuant to
section 1105 of title 31, United States Code) for each fiscal
year the proposed use of such amounts with respect to the
Forest Service: Provided further, That any portion of the
monies received or earned under this section in excess of the
amount expended in performing the work necessitated by the
action which led to their receipt may be used to cover the
other work specified in this section.''.
SEC. 303. STUDY ON CROP LOSSES.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Agriculture shall
submit to the agricultural committees a report that
includes--
(1) as of the date of the report, an estimate of--
(A) agricultural losses due to adverse weather events that
have occurred in calendar year 2022;
(B) Emergency Relief Program funds spent for 2020 and 2021
losses;
(C) Emergency Livestock Relief Program funds spent for 2021
losses;
(D) the number of new producers that have purchased Federal
crop insurance or coverage under the Noninsured Crop Disaster
Assistance Program under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) (including an overview of the coverage levels
purchased) as a result of receiving assistance through--
(i) the Wildfire and Hurricane Indemnity Program (WHIP) for
losses in 2017; and
(ii) the Wildfire and Hurricane Indemnity Program Plus
(WHIP+) for losses in 2018 and 2019; and
(E) the number of producers who--
(i) newly purchased Federal crop insurance or coverage
under the Noninsured Crop Disaster Assistance Program under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) as a result of receiving
assistance through--
(I) the Wildfire and Hurricane Indemnity Program (WHIP) for
losses in 2017; and
(II) the Wildfire and Hurricane Indemnity Program Plus
(WHIP+) for losses in 2018; and
(ii) continued purchasing such insurance or coverage after
the two-year requirement applicable to such producers; and
(2) with respect to calendar year 2022, the projected
agricultural losses due to adverse weather events in calendar
year 2022.
(b) Definitions.--In this section:
(1) Agricultural committees.--The term ``agricultural
committees'' means the Committee on Agriculture of the House
of Representatives, the Committee on Agriculture, Nutrition,
and Forestry of the Senate, and the subcommittees on
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies of the House of Representatives and the
Senate.
(2) Agricultural losses.--The term ``agricultural losses''
means the losses described under the heading ``Department of
Agriculture--Agricultural Programs--Processing, Research and
Marketing--Office of the Secretary'' in the Extending
Government Funding and Delivering Emergency Assistance Act
(Public Law 117-43) with respect to calendar year 2022.
SEC. 304. STUDY ON USE OF CH-47 CHINOOKS TO RESPOND TO
WILDFIRES.
Not later 1 year after the date of the enactment of this
Act, the Secretary of Agriculture, the Secretary of the
Interior, and the Secretary of Homeland Security shall
jointly submit to Congress a report--
(1) on the feasibility and effectiveness of using CH-47
Chinooks with firefighting modifications to--
(A) respond to wildfires; and
(B) perform search and rescue activities; and
(2) that identifies the governmental organizations
(including Federal, State, and local government
organizations) that would be most effective with respect to
using the aircraft described in paragraph (1) to carry out
the activities specified in that paragraph.
DIVISION B--DROUGHT
TITLE I--DROUGHT RESPONSE AND CLIMATE RESILIENCE
SEC. 101. ADVANCING LARGE-SCALE WATER RECYCLING AND REUSE
PROJECTS.
(a) Eligible Project.--Section 40905(c)(4) of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3205(c)(4))
is amended to read as follows:
``(4) is--
``(A) constructed, operated, and maintained by an eligible
entity; or
``(B) owned by an eligible entity; and''.
(b) Removal of Termination of Authority; Additional
Authorization of Appropriations.--Section 40905(k) of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3205(k)) is
amended to read as follows:
``(k) Authorization of Appropriations.--In addition to the
amounts made available under section 40901(4)(B) to carry out
this section, there is authorized to be appropriated to the
Secretary $700,000,000 to carry out this section, to remain
available until expended.''.
(c) Applicability.--The amendments made by this section
shall apply to amounts appropriated on or after the date of
the enactment of this Act.
[[Page H7440]]
SEC. 102. SALTON SEA PROJECTS IMPROVEMENTS.
Section 1101 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Additional Project Authorities.--
``(1) In general.--The Secretary, acting through the Bureau
of Reclamation, may provide grants and enter into contracts
and cooperative agreements to carry out projects located in
the area of the Salton Sea in Southern California to improve
air quality, fish and wildlife habitat, recreational
opportunities, and water quality, in partnership with--
``(A) State, Tribal, and local governments;
``(B) water districts;
``(C) joint powers authorities, including the Salton Sea
Authority;
``(D) nonprofit organizations; and
``(E) institutions of higher education.
``(2) Included activities.--The projects described in
paragraph (1) may include--
``(A) construction, operation, maintenance, permitting, and
design activities required for such projects; and
``(B) dust suppression projects.''; and
(3) in subsection (e), as so redesignated, by striking
``$13,000,000'' and inserting ``$250,000,000''.
SEC. 103. NEAR-TERM ACTIONS TO PRESERVE COLORADO RIVER
SYSTEM.
In addition to the amounts otherwise available and
consistent with contractual arrangements and applicable State
and Federal law, there is authorized to be appropriated to
the Secretary of the Interior $500,000,000, for the period of
fiscal years 2023 through 2026, to use available legal
authorities to reduce the near-term likelihood of Lake Mead
and Lake Powell declining to critically low water elevations.
SEC. 104. WATERSMART ACCESS FOR TRIBES.
Section 9504(a)(3)(E)(i) of the Omnibus Public Land
Management Act of 2009 (42 U.S.C. 10364(a)(3)(E)(i)) is
amended--
(1) in subclause (I), by striking ``subclause (II)'' and
inserting ``subclauses (II) and (III)''; and
(2) after subclause (II), by inserting the following:
``(III) Waiver; reduction.--With respect to a grant or
other agreement entered into under paragraph (1) between the
Secretary and an Indian tribe, the Secretary may reduce or
waive the non-Federal share (and increase the Federal share
accordingly) of the cost of any infrastructure improvement or
activity that is the subject of that grant or other agreement
if the Secretary determines that meeting the cost-share
requirement presents a financial hardship for the Indian
tribe.''.
SEC. 105. RECLAMATION WATER SETTLEMENTS FUND.
Section 10501 of the Omnibus Public Land Management Act of
2009 (43 U.S.C. 407) is amended--
(1) in subsection (b)(1), by inserting ``and for fiscal
year 2033 and each fiscal year thereafter'' after ``For each
of fiscal years 2020 through 2029'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``for each of fiscal
years 2020 through 2034'' and inserting ``for fiscal year
2020 and each fiscal year thereafter''; and
(B) in paragraph (3)(C), by striking ``for any authorized
use'' and all that follows through the period at the end and
inserting ``for any use authorized under paragraph (2).'';
and
(3) by striking subsection (f).
SEC. 106. BUREAU OF RECLAMATION TRIBAL CLEAN WATER
ASSISTANCE.
(a) Rural Water Supply Program Reauthorization.--
(1) Authorization of appropriations.--Section 109(a) of the
Rural Water Supply Act of 2006 (43 U.S.C. 2408(a)) is amended
by striking ``2016'' and inserting ``2032''.
(2) Termination of authority.--Section 110 of the Rural
Water Supply Act of 2006 (43 U.S.C. 2409) is amended by
striking ``2016'' and inserting ``2032''.
(b) Bureau of Reclamation Rural Water Supply Program.--
(1) Definitions.--In this subsection:
(A) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(B) Reclamation state.--The term ``Reclamation State''
means a State described in the first section of the Act of
June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, ch. 1093).
(C) Report.--The term ``Report'' means the most recent
annual report required to be submitted by the Secretary of
Health and Human Services to the President under section
302(g) of the Indian Health Care Improvement Act (25 U.S.C.
1632(g)).
(D) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(E) Tribal land.--The term ``Tribal land'' means--
(i) land located within the boundaries of--
(I) an Indian reservation, pueblo, or rancheria; or
(II) a former reservation within Oklahoma;
(ii) land not located within the boundaries of an Indian
reservation, pueblo, or rancheria, title to which is held--
(I) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
(II) by an Indian Tribe or an individual Indian, subject to
restriction against alienation under laws of the United
States; or
(III) by a dependent Indian community;
(iii) land located within a region established pursuant to
section 7(a) of the Alaska Native Claims Settlement Act (43
U.S.C. 1606(a));
(iv) Hawaiian Home Lands (as defined in section 801 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4221)); or
(v) an area or community designated by the Assistant
Secretary of Indian Affairs of the Department of the Interior
that is near, adjacent, or contiguous to an Indian
reservation where financial assistance and social service
programs are provided to Indians because of their status as
Indians.
(2) Competitive grant program for tribal clean water access
projects.--
(A) Establishment.--In accordance with section 103 of the
Rural Water Supply Act of 2006 (43 U.S.C. 2402), the
Secretary shall establish a competitive grant program under
which an Indian Tribe shall be eligible to apply for a grant
from the Secretary in an amount not to exceed 100 percent of
the cost of planning, design, and construction of a project
determined by the Secretary to be eligible for funding under
subparagraph (B).
(B) Eligibility.--To be eligible for a grant under
subparagraph (A), a project shall--
(i) be carried out in a Reclamation State; and
(ii) as determined by the Secretary--
(I) provide, increase, or enhance access to safe drinking
water for communities and households on Tribal land; or
(II) address public health and safety concerns associated
with access to safe drinking water.
(C) Priority.--
(i) In general.--In awarding grants under subparagraph (A),
the Secretary, in consultation with the Director of the
Indian Health Service, shall give priority to projects that
meet one or more of the following criteria:
(I) Provides potable water supplies to communities or
households on Tribal land that do not have access to running
water as of the date of the project application.
(II) Addresses an urgent and compelling public health or
safety concern relating to access to safe drinking water for
residents on Tribal land.
(III) Addresses needs identified in the Report.
(IV) Closer to being completed, or farther along in
planning, design, or construction, as compared to other
projects being considered for funding.
(V) Takes advantage of the experience and technical
expertise of the Bureau of Reclamation in the planning,
design, and construction of rural water projects,
particularly with respect to a project that takes advantage
of economies of scale.
(VI) Takes advantage of local or regional partnerships that
complement related efforts by Tribal, State, or Federal
agencies to enhance access to drinking water or water
sanitation services on Tribal land.
(VII) Leverages the resources or capabilities of other
Tribal, State, or Federal agencies to accelerate planning,
design, and construction.
(VIII) Provides multiple benefits, including--
(aa) improved water supply reliability;
(bb) public health improvements;
(cc) ecosystem benefits;
(dd) groundwater management and enhancements; and
(ee) water quality improvements.
(ii) Consultation.--In prioritizing projects for funding
under clause (i), the Secretary--
(I) shall consult with the Director of the Indian Health
Service; and
(II) may coordinate funding of projects under this
paragraph with the Director of the Indian Health Service, the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, and the head of any other Federal
agency in any manner that the Secretary determines would--
(aa) accelerate project planning, design, or construction;
or
(bb) otherwise take advantage of the capabilities of, and
resources potentially available from, other Federal sources.
(3) Funding.--
(A) In general.--In addition to amounts otherwise
available, there is authorized to be appropriated to the
Secretary $1,000,000,000 to carry out this subsection, to
remain available until expended.
(B) Administrative expenses; use of funds.--Of the amounts
authorized to be appropriated under subparagraph (A), not
more than 2 percent is authorized to be appropriated for--
(i) the administration of the rural water supply program
established under section 103 of the Rural Water Supply Act
of 2006 (43 U.S.C. 2402); and
(ii) related management and staffing expenses.
(c) Funding for Native American Affairs Technical
Assistance Program of the Bureau of Reclamation.--In addition
to amounts otherwise available, there is authorized to be
appropriated to the Secretary $90,000,000 for use, in
accordance with section 201 of the Energy and Water
Development Appropriations Act, 2003 (43 U.S.C. 373d), for
the Native American Affairs Technical Assistance Program of
the Bureau of Reclamation, to remain available until
expended.
SEC. 107. WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM.
(a) Conveyance of Title to Tribe.--Section 307(d)(2)(E) of
the White Mountain Apache Tribe Water Rights Quantification
Act of 2010 (title III of Public Law 111-291; 124 Stat. 3082;
132 Stat. 1626) is amended, in the matter preceding clause
(i), by striking ``water system--'' and all that follows
through the period at the end of clause (ii)(II), and
inserting ``water system is substantially complete, as
determined by the Secretary in accordance with subsection
(k).''.
(b) Requirements for Determination of Substantial
Completion of the WMAT Rural Water System.--Section 307 of
the White Mountain Apache Tribe Water Rights
[[Page H7441]]
Quantification Act of 2010 (title III of Public Law 111-291;
124 Stat. 3080; 132 Stat. 1626) is amended by adding at the
end the following:
``(k) Requirements for Determination of Substantial
Completion of the WMAT Rural Water System.--The WMAT rural
water system shall be determined to be substantially complete
if--
``(1) the infrastructure constructed is capable of storing,
diverting, treating, transmitting, and distributing a supply
of water as set forth in the final project design described
in subsection (c); or
``(2) the Secretary--
``(A) expended all of the available funding provided to
construct the WMAT rural water system; and
``(B) despite diligent efforts, cannot complete
construction as described in the final project design
described in subsection (c) due solely to the lack of
additional authorized funding.''.
(c) Enforceability Date.--
(1) In general.--Section 309(d) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (Public
Law 111-291; 124 Stat. 3088; 133 Stat. 2669) is amended--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively; and
(ii) by inserting after subparagraph (C) the following:
``(D) such amount, up to the amount made available under
section 312(e)(2), as the Secretary determines to be
necessary to construct the WMAT rural water system that is
capable of storing, diverting, treating, transmitting, and
distributing a supply of water as set forth in the final
project design described in section 307(c) has been deposited
in the WMAT Cost Overrun Subaccount;''; and
(B) in paragraph (2), by striking ``2023'' each place it
appears and inserting ``2025''.
(2) Conforming amendment.--Section 3(b)(2) of the White
Mountain Apache Tribe Rural Water System Loan Authorization
Act (Public Law 110-390; 122 Stat. 4191; 124 Stat. 3092; 133
Stat. 2669) is amended by striking ``beginning on'' and all
that follows through the period at the end and inserting
``beginning on May 1, 2025.''.
(d) Requirement.--Section 310(b) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (title
III of Public Law 111-291; 124 Stat. 3090) is amended by
adding at the end the following:
``(3) Expenditures.--If, before the enforceability date
under section 309(d), Federal funds are expended to carry out
activities identified in subparagraphs (A) or (C) of
paragraph (2) in excess of the amounts provided pursuant to
the White Mountain Apache Tribe Rural Water System Loan
Authorization Act (Public Law 110-390; 122 Stat. 4191), such
expenditures shall be accounted for as White Mountain Apache
Tribe Water Rights Settlement Subaccount funds.''.
(e) Cost Indexing.--Section 312(c) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (title
III of Public Law 111-291; 124 Stat. 3095) is amended to read
as follows:
``(c) Cost Indexing.--
``(1) White mountain apache tribe water rights settlement
subaccount.--All amounts made available under subsection (a)
shall be adjusted as necessary to reflect the changes made
since October 1, 2007, with respect to the construction cost
indices applicable to the types of construction involved in
the construction of the WMAT rural water system and the
maintenance of the WMAT rural water system.
``(2) WMAT settlement fund.--All amounts made available
under subsection (b)(2) shall be adjusted annually to reflect
the changes made since October 1, 2007, with respect to the
construction cost indices applicable to the types of
construction involved in the construction of the WMAT rural
water system and the maintenance of the WMAT rural water
system.
``(3) WMAT maintenance fund.--All amounts made available
under subsection (b)(3) shall be adjusted on deposit to
reflect the changes made since October 1, 2007, with respect
to the Consumer Price Index for All Urban Consumers West
Urban 50,000 to 1,500,000 published by the Bureau of Labor
Statistics.
``(4) WMAT cost overrun subaccount.--Of the amounts made
available under subsection (e)(2)--
``(A) $35,000,000 shall be adjusted as necessary to reflect
the changes made since October 1, 2007, with respect to the
construction cost indices applicable to the types of
construction involved in the construction of the WMAT rural
water system and the maintenance of the WMAT rural water
system; and
``(B) additional funds, in excess of the amount referred to
in subparagraph (A), shall be adjusted as necessary to
reflect the changes made since April 1, 2021, with respect to
the construction cost indices applicable to the types of
construction involved in the construction of the WMAT rural
water system and the maintenance of the WMAT rural water
system.
``(5) Construction costs adjustment.--The amounts made
available under subsections (a), (b)(2), and (e)(2), shall be
adjusted to address construction cost changes necessary to
account for unforeseen market volatility that may not
otherwise be captured by engineering cost indices as
determined by the Secretary, including repricing applicable
to the types of construction and current industry standards
involved.''.
(f) Funding.--Section 312(e)(2)(B) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (title
III of Public Law 111-291; 124 Stat. 3095) is amended by
striking ``$11,000,000'' and inserting ``$541,000,000''.
(g) Return to Treasury.--
(1) In general.--Section 312(e)(4)(B) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (Public
Law 111-291; 124 Stat. 3096) is amended, in the matter
preceding clause (i), by striking ``shall be'' and all that
follows through ``subsection (b)(2)(C)'' and inserting
``shall be returned to the general fund of the Treasury''.
(2) Conforming amendment.--Section 312(b)(2) of the White
Mountain Apache Tribe Water Rights Quantification Act of 2010
(Public Law 111-291; 124 Stat. 3093; 132 Stat. 1626) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Transfers to fund.--There is authorized to be
appropriated to the Secretary for deposit in the WMAT
Settlement Fund $78,500,000.''.
(h) Prohibition.--Section 312(e) of the White Mountain
Apache Tribe Water Rights Quantification Act of 2010 (title
III of Public Law 111-291; 124 Stat. 3096) is amended by
adding at the end the following:
``(5) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (2)(B) shall
not be made available from the Indian Water Rights Settlement
Completion Fund established by section 70101 of the
Infrastructure Investment and Jobs Act (25 U.S.C. 149) or the
Reclamation Water Settlements Fund established by section
10501(a) of the Omnibus Public Land Management Act of 2009
(43 U.S.C. 407(a)) until 2034.''.
SEC. 108. DESALINATION RESEARCH AUTHORIZATION.
The Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298) is amended--
(1) in section 3(e)--
(A) in paragraph (5), by striking ``and'';
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) to minimize the impacts of seawater desalination on
aquatic life and coastal ecosystems, including technologies
to monitor and reduce those impacts.''; and
(2) in section 8(a)--
(A) by striking ``$5,000,000 per year for fiscal years 1997
through 2021'' and inserting ``$20,000,000 per year for
fiscal years 2023 through 2027''; and
(B) by striking ``$1,000,000'' and inserting
``$15,000,000''.
SEC. 109. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Authorization of Appropriations.--Section 104(f)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(f)(1)) is amended by striking `$12,000,000 for each of
fiscal years 2022 through 2025' and inserting `$14,000,000
for each of fiscal years 2023 through 2032'.
(b) Additional Appropriations Where Research Focused on
Water Problems of Interstate Nature.--Section 104(g)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(g)(1)) is amended by striking ``$3,000,000 for each of
fiscal years 2022 through 2025'' and inserting ``$4,000,000
for each of fiscal years 2023 through 2032''.
(c) Grants.--Section 104(c) of the Water Resources Research
Act of 1984 (42 U.S.C. 10303(c)) is amended by--
(1) redesignating paragraph (2) as paragraph (4); and
(2) inserting after paragraph (1) the following:
``(2) Allocation.--From the sums appropriated, the
Secretary shall allocate a minimum of--
``(A) 80 percent of the sums to base grants consistent with
subsection (f)(1); and
``(B) 20 percent of the sums to research focused on water
problems of interstate nature consistent with subsection
(g)(1).
``(3) Additional special projects.--Any sums Congress
delineates for specific topics and water priorities shall
fall under subsection (g)(1). All sums under subsection
(g)(1), including congressionally delineated sums for
specific topics and water priorities, shall not exceed 20
percent of the sums appropriated for the Water Resources
Research Act program.''.
SEC. 110. SALINE LAKE ECOSYSTEMS IN THE GREAT BASIN STATES
ASSESSMENT AND MONITORING PROGRAM.
(a) Definitions.--In this section:
(1) Program.--The term ``Program'' means the Saline Lake
Ecosystems in the Great Basin States Assessment and
Monitoring Program established under subsection (b).
(2) Coordinating entities.--The term ``coordinating
entities'' includes--
(A) Federal, State, Tribal, and local agencies;
(B) institutions of higher education;
(C) nonprofit organizations; and
(D) local stakeholders.
(3) Saline lake ecosystems.--The term ``saline lake
ecosystems'' means the ecosystems associated with the
following lakes:
(A) Lake Abert in Oregon.
(B) Eagle Lake in California.
(C) Franklin Lake in Nevada.
(D) Goose Lake in California and Oregon.
(E) Great Salt Lake in Utah.
(F) Harney Lake in Oregon.
(G) Honey Lake in California.
(H) Lahontan Valley wetlands, including Carson Lake, Carson
Sink, and Stillwater Marsh in Nevada.
(I) Malheur Lake in Oregon.
(J) Mono Lake in California.
(K) Owens Lake in California.
(L) Pyramid Lake in Nevada.
(M) Ruby Lake in Nevada.
(N) Sevier Lake in Utah.
(O) Silver Lake in Oregon.
(P) Summer Lake in Oregon.
(Q) Walker Lake in Nevada.
(R) Warner Lake in Oregon.
(S) Winnemucca Lake in Nevada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(5) Work and implementation plan.--The term ``work and
implementation plan'' means the multiyear work and
implementation plan established under subsection (c)(1).
(b) Establishment.--The Secretary shall establish a program
to be known as the ``Saline
[[Page H7442]]
Lake Ecosystems in the Great Basin States Assessment and
Monitoring Program'' to--
(1) assess and monitor the hydrology of saline lake
ecosystems and the migratory birds and other wildlife that
depend on saline lake ecosystems; and
(2) inform and support coordinated management and
conservation actions to benefit saline lake ecosystems,
migratory birds, and other wildlife.
(c) Work and Implementation Plan.--
(1) In general.--In carrying out the Program, the
Secretary, in coordination with the Director of the United
States Fish and Wildlife Service and coordinating entities,
shall establish a multiyear work and implementation plan to
assess, monitor, and conserve saline lake ecosystems and
migratory birds and other wildlife that depend on saline lake
ecosystems.
(2) Inclusions.--The work and implementation plan shall
include--
(A) a synthesis of available information, literature, and
data, and an assessment of scientific and informational
needs, relating to saline lake ecosystems with respect to--
(i) water quantity, water quality, water use, and water
demand;
(ii) migratory bird and other wildlife populations,
habitats, and ecology;
(iii) annual lifecycle needs of migratory birds; and
(iv) environmental changes and other stressors, including
climatic stressors;
(B) a description of how the work and implementation plan
will address the scientific and informational needs described
in subparagraph (A), including monitoring activities, data
infrastructure needs, and development of tools necessary to
implement the Program;
(C) recommendations and a cost assessment for the work and
implementation plan; and
(D) other matters, as determined necessary by the
Secretary.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report describing the work and implementation plan.
(d) Implementation.--The Secretary shall implement the
Program based on the information, findings, and
recommendations contained in the work and implementation
plan.
(e) Cooperative Agreements and Grants.--The Secretary may
use funds made available pursuant to subsection (g) to enter
into cooperative funding agreements with, or provide grants
to, coordinating entities for the purposes of--
(1) participating in developing, or providing information
to inform the development of, the work and implementation
plan;
(2) carrying out assessments and monitoring of water
quality, quantity, use, and demand under the Program; and
(3) carrying out ecological, biological, and avian
assessments and monitoring under the Program.
(f) Effect.--The work and implementation plan shall not
affect--
(1) any interstate water compacts in existence on the date
of the enactment of this Act, including full development of
any apportionment made in accordance with those compacts;
(2) valid and existing water rights in any State located
wholly or partially within the Great Basin;
(3) water rights held by the United States in the Great
Basin; or
(4) the management and operation of Bear Lake or Stewart
Dam, including the storage, management, and release of water.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 for each of
fiscal years 2023 through 2027 to carry out the Program.
(h) Priority.--In carrying out the Program, the Secretary
shall give priority to the following saline lake ecosystems:
(1) Lake Abert in Oregon.
(2) Great Salt Lake in Utah.
(3) Lahontan Valley Wetlands, including Carson Sink, Carson
Lake, and Stillwater Marsh in Nevada.
(4) Ruby Lake in Nevada.
(5) Walker Lake in Nevada.
(6) Mono Lake in California.
(7) Owens Lake in California.
(8) Summer Lake in Oregon.
SEC. 111. EXTENSION OF AUTHORIZATIONS RELATED TO FISH
RECOVERY PROGRAMS.
Section 3 of Public Law 106-392 (114 Stat. 1603) is
amended--
(1) by striking ``2023'' each place it appears and
inserting ``2024'';
(2) in subsection (b)(1), by striking ``$179,000,000'' and
inserting ``$184,000,000'';
(3) in subsection (b)(2), by striking ``$30,000,000'' and
inserting ``$25,000,000'';
(4) in subsection (h), by striking ``, at least 1 year
prior to such expiration,''; and
(5) in subsection (j), by striking ``2021'' each place it
appears and inserting ``2022''.
SEC. 112. RECLAMATION CLIMATE CHANGE AND WATER PROGRAM.
Section 9503(f) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10363(f)) is amended by striking ``2023''
and inserting ``2033''.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS FOR THE LAS VEGAS
WASH PROGRAM.
Section 529(b)(3) of the Water Resources Development Act of
2000 (114 Stat. 2658; 119 Stat. 2255; 125 Stat. 865) is
amended by striking ``$30,000,000'' and inserting
``$55,000,000''.
SEC. 114. TERMINAL LAKES ASSISTANCE.
Section 2507(f) of the Farm Security and Rural Investment
Act of 2002 (16 U.S.C. 3839bb-6(f)) is amended by striking
``2023'' and inserting ``2025''.
SEC. 115. EXPEDITED MEASURES FOR DROUGHT RESPONSE.
(a) Expedited Program Implementation.--Section 40905(h) of
the Infrastructure Investment and Jobs Act (43 U.S.C.
3205(h); 135 Stat. 1124) is amended by striking ``Not later
than 1 year after the date of enactment of this Act'' and
inserting ``Not later than August 31, 2022''.
(b) Establishment of Program.--Section 40907(b) of the
Infrastructure Investment and Jobs Act (43 U.S.C. 3207(b);
135 Stat. 1125) is amended by striking ``Not later than 1
year after the date of enactment of this Act'' and inserting
``Not later than August 31, 2022''.
SEC. 116. WATER EFFICIENCY, CONSERVATION, AND SUSTAINABILITY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means
any of the following:
(A) A State, local, or Tribal government, or any special-
purpose unit of such a government (including a municipal
water authority).
(B) A public water system.
(C) A nonprofit organization.
(3) Energy star program.--The term ``Energy Star program''
means the Energy Star program established by section 324A of
the Energy Policy and Conservation Act (42 U.S.C. 6294a).
(4) Low-income household.--The term ``low-income
household'' means a household that meets the income
qualifications established under--
(A) section 2605(b)(2) of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8624(b)(2)); or
(B) the Low-Income Household Drinking Water and Wastewater
Emergency Assistance Program authorized by section 533 of
division H of the Consolidated Appropriations Act, 2021
(Public Law 116-260; 134 Stat. 1627).
(5) Public water system.--The term ``public water system''
has the meaning given the term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
(6) Water efficiency incentive program.--The term ``water
efficiency incentive program'' means a program for providing
incentives, including direct installation services, to
residential, commercial, or industrial customers of a public
water system for the purchase, lease, installation, use, or
implementation, as applicable, of water-efficient upgrades.
(7) Water-efficient upgrade.--
(A) In general.--The term ``water-efficient upgrade'' means
a product, landscape, label, process, or service for a
residential, commercial, or industrial building, or the
landscape of such a building, that is--
(i) rated for water efficiency and performance under the
WaterSense program or the Energy Star program; or
(ii) otherwise determined by the Administrator to improve
water-use efficiency.
(B) Inclusions.--The term ``water-efficient upgrade''
includes--
(i) a faucet;
(ii) a showerhead;
(iii) a dishwasher;
(iv) a toilet;
(v) a clothes washer;
(vi) an irrigation product or service;
(vii) advanced metering infrastructure;
(viii) a flow monitoring device;
(ix) a landscaping or gardening product, including moisture
control or water-enhancing technology;
(x) xeriscaping, turf removal, or another landscape
conversion that reduces water use (except for the
installation of artificial turf); and
(xi) any other product, landscape, process, or service--
(I) certified pursuant to the WaterSense program; or
(II) otherwise determined by the Administrator to reduce
water use or water loss, including products rated for water
efficiency and performance under the Energy Star program.
(8) Water loss control program.--The term ``water loss
control program'' means a program to identify and quantify
water uses and losses, implement controls to reduce or
eliminate losses and leaks, and evaluate the effectiveness of
such controls.
(9) Watersense program.--The term ``WaterSense program''
means the program established by section 324B of the Energy
Policy and Conservation Act (42 U.S.C. 6294b).
(b) Water Efficiency and Conservation Grant Program.--
(1) In general.--The Administrator shall establish a
program to award grants to eligible entities that have
established water efficiency incentive programs to carry out
those water efficiency incentive programs (referred to in
this subsection as the ``grant program'').
(2) Distribution.--In carrying out the grant program, the
Administrator shall award not less than 50 percent of the
amounts made available to carry out this subsection in each
fiscal year to eligible entities that service an area that--
(A) has been designated as D2 (severe drought) or greater
according to the United States Drought Monitor for a minimum
of 4 weeks during any of the 3 years preceding the date of
the grant award; or
(B) is within a county for which a drought emergency has
been declared by the applicable Governor at any time during
the 3-year period preceding the date of the grant award.
(3) Grant amount.--
(A) In general.--Subject to subparagraph (B), a grant
awarded under the grant program shall be in an amount that is
not less than $250,000.
(B) Small public water systems.--The Administrator may
award a grant in an amount that is less than $250,000 if the
grant is awarded to, or for the benefit of, a public water
system that serves fewer than 10,000 customers.
(4) Use of funds.--An eligible entity receiving a grant
under the grant program shall--
(A) use grant funds to carry out a water efficiency
incentive program for customers of a public water system; or
[[Page H7443]]
(B) provide grant funds to another eligible entity to carry
out a water efficiency incentive program described in
subparagraph (A).
(5) Minimum requirement.--An eligible entity receiving a
grant under the grant program shall use not less than 40
percent of the amount of the grant to provide water-efficient
upgrades to low-income households.
(6) Cost share.--
(A) In general.--Subject to subparagraph (B), the Federal
share of the cost of carrying out a water efficiency
incentive program using a grant awarded under the grant
program shall not exceed 80 percent.
(B) Waiver.--The Administrator may increase the Federal
share under subparagraph (A) to 100 percent if the
Administrator determines that an eligible entity is unable to
pay, or would experience significant financial hardship if
required to pay, the non-Federal share.
(7) Supplement, not supplant.--Amounts provided under a
grant under the grant program shall be used to supplement,
and not supplant, other Federal, State, local, or Tribal
funds made available to carry out water efficiency incentive
programs.
(8) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal
years 2023 through 2028.
(B) Administrative costs.--Of the amounts authorized to be
appropriated under subparagraph (A) each fiscal year, not
more than 4 percent is authorized to pay the administrative
costs of the Administrator.
(c) Sustainable Water Loss Control Program.--
(1) Technical assistance and grant program.--The
Administrator shall establish and carry out a program
(referred to in this subsection as the ``program'')--
(A) to make grants and provide technical assistance to
eligible entities to perform annual audits of public water
systems that are--
(i) conducted in accordance with the procedures contained
in the manual published by the American Water Works
Association entitled ``M36 Water Audits and Loss Control
Programs, Fourth Edition'' (or any successor manual
determined appropriate by the Administrator); and
(ii) validated under such criteria as may be specified by
the Administrator; and
(B) to make grants and provide technical assistance to
eligible entities--
(i) to implement controls to address real water losses,
apparent water losses, or a combination of real and apparent
water losses that are identified in an audit conducted and
validated in accordance with the procedures and criteria
described in subparagraph (A); and
(ii) to help public water systems that have conducted and
validated such an audit establish water loss control
programs.
(2) Criteria.--In selecting eligible entities to receive
grants and technical assistance under the program, the
Administrator shall consider--
(A) whether the public water system that would be served by
the grants or technical assistance serves a disadvantaged
community (as defined in section 1452(d)(3) of the Safe
Drinking Water Act (42 U.S.C. 300j-12(d)(3))); and
(B) the ability of the public water system that would be
served by the grants or technical assistance, on completion
of an audit conducted and validated in accordance with the
procedures and criteria described in paragraph (1)(A)--
(i) to successfully sustain a water loss control program;
and
(ii) to demonstrate that the water loss control program
will reduce real water losses, apparent water losses, or a
combination of real and apparent water losses from the public
water system.
(3) Annual water savings.--The Administrator shall--
(A) annually compile, by Environmental Protection Agency
region, information on the amount of water savings achieved
pursuant to this subsection; and
(B) publish on the website of the Administrator the
information compiled under subparagraph (A).
(4) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $40,000,000 for each of fiscal
years 2023 through 2028, of which--
(i) $20,000,000 each fiscal year is authorized to be
appropriated to carry out paragraph (1)(A); and
(ii) $20,000,000 each fiscal year is authorized to be
appropriated to carry out paragraph (1)(B).
(B) Administrative costs.--Of the amounts authorized to be
appropriated under subparagraph (A) for grants under the
program each fiscal year, not more than 4 percent is
authorized to be appropriated for the administrative costs of
making such grants.
SEC. 117. SHORING UP ELECTRICITY GENERATION AND REDUCING
EVAPORATION AT BUREAU OF RECLAMATION
FACILITIES.
(a) Assessment.--
(1) In general.--The Secretary of the Interior shall
conduct, in consultation with the Secretary of Energy, an
assessment of opportunities to install and maintain
photovoltaic solar panels (including floating solar panels)
at Bureau of Reclamation facilities.
(2) Contents.--The assessment conducted under paragraph (1)
shall--
(A) include a description of the economic, environmental,
and technical feasibility of installing and maintaining, or
contracting with third parties to install and maintain,
photovoltaic solar panels at Bureau of Reclamation
facilities;
(B) identify Bureau of Reclamation facilities with a high
potential for the installation and maintenance of
photovoltaic solar panels and whether such installation and
maintenance would require additional authorization;
(C) account for potential impacts of photovoltaic solar
panels at Bureau of Reclamation facilities and the authorized
purposes of such facilities, including potential impacts
related to evaporation suppression, energy yield, dam safety,
recreation, water quality, and fish and wildlife;
(D) account for potential damage to floating photovoltaic
solar panels from weather, water level fluctuations,
recreational co-use and other project uses; and
(E) account for the availability of electric grid
infrastructure, including underutilized transmission
infrastructure.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
Congress, and make publicly available (including on a
publicly available website), a report containing the results
of the assessment conducted under subsection (a).
TITLE II--FUTURE WESTERN WATER AND DROUGHT RESILIENCY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Furthering Underutilized
Technologies and Unleashing Responsible Expenditures for
Western Water and Drought Resiliency Act'' or the ``FUTURE
Western Water and Drought Resiliency Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Reclamation state.--The term ``Reclamation State''
means a State or territory described in the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43
U.S.C. 391).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, unless otherwise defined in a particular
provision.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
Subtitle A--Assistance for Projects With Fastest Construction Timelines
SEC. 211. WATER RECYCLING AND REUSE PROJECTS.
(a) Short Title.--This section may be cited as the ``Water
Recycling Investment and Improvement Act''.
(b) Funding Priority.--Section 1602(f) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (title
XVI of Public Law 102-575; 43 U.S.C. 390h et seq.) is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2) Priority.--When funding projects under paragraph (1),
the Secretary shall give funding priority to projects that
meet one or more of the following criteria:
``(A) Projects that are likely to provide a more reliable
water supply for States and local governments.
``(B) Projects that are likely to increase the water
management flexibility and reduce impacts on environmental
resources from projects operated by Federal and State
agencies.
``(C) Projects that are regional in nature.
``(D) Projects with multiple stakeholders.
``(E) Projects that provide multiple benefits, including
water supply reliability, eco-system benefits, groundwater
management and enhancements, and water quality
improvements.''.
(c) Limitation on Funding.--Section 1631(d) of the
Reclamation Wastewater and Groundwater Study and Facilities
Act (43 U.S.C. 390h-13(d)) is amended by striking
``$20,000,000 (October 1996 prices)'' and inserting
``$50,000,000 (July 2022 prices)''.
(d) Authorization of Appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated $600,000,000 to remain available until expended
for water recycling and reuse projects authorized in
accordance with the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.) that are--
(1) authorized or approved for construction funding by an
Act of Congress; or
(2) selected for funding under the competitive grant
program authorized under section 1602(f) of the Reclamation
Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h(f)), with funding under this section to be
provided in accordance with that section, notwithstanding
section 4013 of the Water Infrastructure Improvements for the
Nation Act (43 U.S.C. 390b note; Public Law 114-322), except
that section 1602(g)(2) of the Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h(g)(2))
shall not apply to amounts made available under this section.
SEC. 212. DESALINATION PROJECT DEVELOPMENT.
(a) Short Title.--This section may be cited as the
``Desalination Development Act''.
(b) Desalination Projects Authorization.--Section 4(a) of
the Water Desalination Act of 1996 (42 U.S.C. 10301 note;
Public Law 104-298) is amended by striking paragraph (2) and
inserting the following:
``(2) Projects.--
``(A) Definition of eligible desalination project.--In this
paragraph, the term `eligible desalination project' means any
project located in a Reclamation State that--
``(i) involves an ocean or brackish water desalination
facility--
``(I) constructed, operated, and maintained by a State,
Indian Tribe, irrigation district, water district, or other
organization with water or power delivery authority; or
``(II) sponsored or funded by any State, department of a
State, subdivision of a State, or public agency organized
pursuant to State law, including--
[[Page H7444]]
``(aa) direct sponsorship or funding; or
``(bb) indirect sponsorship or funding, such as by paying
for the water provided by the facility;
``(ii) provides a Federal benefit in accordance with the
reclamation laws; and
``(iii) is consistent with all applicable State and Federal
resource protection laws, including the protection of marine
protected areas.
``(B) Definition of designated desalination project.--The
term `designated desalination project' means an eligible
desalination project that--
``(i) is an ocean desalination project that uses a
subsurface intake;
``(ii) has a total estimated cost of $80,000,000 or less;
and
``(iii) is designed to serve a community or group of
communities that collectively import more than 75 percent of
their water supplies.
``(C) Cost-sharing requirement.--
``(i) In general.--Subject to the requirements of this
paragraph, the Federal share of an eligible desalination
project carried out under this subsection shall be--
``(I) not more than 25 percent of the total cost of the
eligible desalination project; or
``(II) in the case of a designated desalination project,
the applicable percentage determined in accordance with
clause (ii).
``(ii) Cost-sharing requirement for construction costs.--In
the case of a designated desalination project carried out
under this subsection, the Federal share of the cost of
construction of the designated desalination project shall not
exceed the greater of--
``(I) 35 percent of the total cost of construction, up to a
Federal cost of $20,000,000; or
``(II) 25 percent of the total cost of construction.
``(D) State role.--The Secretary shall not participate in
an eligible desalination project under this paragraph
unless--
``(i)(I) the eligible desalination project is included in a
State-approved plan; or
``(II) the participation has been requested by the Governor
of the State in which the eligible desalination project is
located; and
``(ii) the State or local sponsor of the eligible
desalination project determines, and the Secretary concurs,
that--
``(I) the eligible desalination project--
``(aa) is technically and financially feasible;
``(bb) provides a Federal benefit in accordance with the
reclamation laws; and
``(cc) is consistent with applicable State laws, State
regulations, State coastal zone management plans, and other
State plans such as California's Water Quality Control Plan
for the Ocean Waters in California;
``(II) sufficient non-Federal funding is available to
complete the eligible desalination project; and
``(III) the eligible desalination project sponsors are
financially solvent; and
``(iii) the Secretary submits to Congress a written
notification of the determinations under clause (ii) by not
later than 30 days after the date of the determinations.
``(E) Environmental laws.--In participating in an eligible
desalination project under this paragraph, the Secretary
shall comply with all applicable environmental laws,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and State laws implementing the Coastal
Zone Management Act.
``(F) Information.--In participating in an eligible
desalination project under this subsection, the Secretary--
``(i) may rely on reports prepared by the sponsor of the
eligible desalination project, including feasibility or
equivalent studies, environmental analyses, and other
pertinent reports and analyses; but
``(ii) shall retain responsibility for making the
independent determinations described in subparagraph (D).
``(G) Funding.--
``(i) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $260,000,000
for the period of fiscal years 2023 through 2027.
``(ii) Congressional approval initially required.--
``(I) In general.--Each initial award under this paragraph
for design and study or for construction of an eligible
desalination project shall be approved by an Act of Congress.
``(II) Reclamation recommendations.--The Commissioner of
Reclamation shall submit recommendations regarding the
initial award of preconstruction and construction funding for
consideration under subclause (I) to--
``(aa) the Committee on Appropriations of the Senate;
``(bb) the Committee on Energy and Natural Resources of the
Senate;
``(cc) the Committee on Appropriations of the House of
Representatives; and
``(dd) the Committee on Natural Resources of the House of
Representatives.
``(iii) Subsequent funding awards.--After approval by
Congress of an initial award of preconstruction or
construction funding for an eligible desalination project
under clause (ii), the Commissioner of Reclamation may award
additional preconstruction or construction funding,
respectively, for the eligible desalination project without
further congressional approval.''.
(c) Prioritization for Projects.--Section 4 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law
104-298) is amended by striking subsection (c) and inserting
the following:
``(c) Prioritization.--In carrying out demonstration and
development activities under this section, the Secretary and
the Commissioner of Reclamation shall each prioritize
projects--
``(1) for the benefit of drought-stricken States and
communities;
``(2) for the benefit of States that have authorized
funding for research and development of desalination
technologies and projects;
``(3) that demonstrably reduce a reliance on imported water
supplies that have an impact on species listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(4) that, in a measurable and verifiable manner, reduce a
reliance on imported water supplies from imperiled ecosystems
such as the Sacramento-San Joaquin River Delta;
``(5) that demonstrably leverage the experience of
international partners with considerable expertise in
desalination, such as the State of Israel;
``(6) that maximize use of renewable energy to power
desalination facilities;
``(7) that maximize energy efficiency so that the lifecycle
energy demands of desalination are minimized;
``(8) located in regions that have employed strategies to
increase water conservation and the capture and recycling of
wastewater and stormwater; and
``(9) that meet the following criteria, if they are ocean
desalination facilities--
``(A) use a subsurface intake or, if a subsurface intake is
not technologically feasible, an intake that uses the best
available site, design, technology, and mitigation measures
to minimize the mortality of all forms of marine life and
impacts to coastal dependent resources;
``(B) are sited and designed to ensure that the disposal of
wastewaters including brine from the desalination process--
``(i) are not discharged to impaired bodies of water or
State or Federal Marine Protected Areas; and
``(ii) achieve ambient salinity levels within a reasonable
distance from the discharge point;
``(C) are sited, designed, and operated in a manner that
maintains indigenous marine life and a healthy and diverse
marine community;
``(D) do not cause significant unmitigated harm to aquatic
life; and
``(E) include a construction and operation plan designed to
minimize loss of coastal habitat and aesthetic, noise, and
air quality impacts.''.
(d) Recommendations to Congress.--In determining project
recommendations to Congress under section 4(a)(2)(G)(ii)(II)
of the Water Desalination Act of 1996, the Commissioner of
Reclamation shall establish a priority scoring system that
assigns priority scores to each project evaluated based on
the prioritization criteria of section 4(c) of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law
104-298).
SEC. 213. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT
ADEQUATE DRINKING WATER.
(a) In General.--The Secretary shall provide grants within
the Reclamation States to assist eligible applicants in
planning, designing, or carrying out projects to help
disadvantaged communities address a significant decline in
the quantity or quality of drinking water.
(b) Eligible Applicants.--To be eligible to receive a grant
under this section, an applicant shall submit an application
to the Secretary that includes a proposal of the project or
activity in subsection (c) to be planned, designed,
constructed, or implemented, the service area of which--
(1) is not located in a city or town with a population of
more than 60,000 residents; and
(2) has a median household income of less than 100 percent
of the nonmetropolitan median household income of the State.
(c) Eligible Projects.--Projects eligible for grants under
this program may be used for--
(1) emergency water supplies;
(2) distributed treatment facilities;
(3) construction of new wells and connections to existing
water source systems;
(4) water distribution facilities;
(5) connection fees to existing systems;
(6) assistance to households to connect to water
facilities;
(7) local resource sharing, including voluntary agreements
between water systems to jointly contract for services or
equipment, or to study or implement the physical
consolidation of two or more water systems;
(8) technical assistance, planning, and design for any of
the activities described in paragraphs (1) through (7); or
(9) any combination of activities described in paragraphs
(1) through (8).
(d) Prioritization.--In determining priorities for funding
projects, the Secretary shall take into consideration--
(1) where the decline in the quantity or quality of water
poses the greatest threat to public health and safety;
(2) the degree to which the project provides a long-term
solution to the water needs of the community; and
(3) whether the applicant has the ability to qualify for
alternative funding sources.
(e) Maximum Amount.--The amount of a grant provided under
this section may be up to 100 percent of costs, including--
(1) initial operation costs incurred for startup and
testing of project facilities;
(2) costs of components to ensure such facilities and
components are properly operational; and
(3) costs of operation or maintenance incurred subsequent
to placing the facilities or components into service.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000, to
remain available until expended.
(g) Coordination Required.--In carrying out this section,
the Secretary shall consult with the Secretary of Agriculture
and the Administrator of the Environmental Protection Agency
to identify opportunities to improve the efficiency,
effectiveness, and impact of activities carried out under
this section to help disadvantaged communities address a
significant decline in the quantity or quality of drinking
water.
Subtitle B--Improved Water Technology and Data
SEC. 221. X-PRIZE FOR WATER TECHNOLOGY BREAKTHROUGHS.
(a) Definitions.--In this section:
[[Page H7445]]
(1) Board.--The term ``board'' means the board established
under subsection (c).
(2) Eligible person.--The term ``eligible person'' means--
(A) an individual who is--
(i) a citizen or legal resident of the United States; or
(ii) a member of a group that includes citizens or legal
residents of the United States;
(B) an entity that is incorporated and maintains its
primary place of business in the United States; or
(C) a public water agency.
(3) Financial award competition.--The term ``financial
award competition'' means the award competition under
subsection (d)(1).
(4) Program.--The term ``program'' means the program
established under subsection (b)
(b) Water Technology Award Program Established.--The
Secretary, working through the Bureau of Reclamation, and in
coordination with the Secretary of Energy, shall establish a
program to award prizes to eligible persons for achievement
in one or more of the following applications of water
technology:
(1) Demonstration of wastewater and industrial process
water purification for reuse or desalination of brackish
water or seawater with significantly less energy than current
municipally and commercially adopted technologies.
(2) Demonstration of portable or modular desalination units
that can process 1 to 5,000,000 gallons per day that could be
deployed for temporary emergency uses in coastal communities
or communities with brackish groundwater supplies.
(3) Demonstration of significant advantages over current
municipally and commercially adopted reverse osmosis
technologies as determined by the board established under
subsection (c).
(4) Demonstration of significant improvements in the
recovery of residual or waste energy from the desalination
process.
(5) Reducing open water evaporation.
(c) Establishment of Board.--
(1) In general.--The Secretary shall establish a board to
administer the program.
(2) Membership.--The board shall be composed of not less
than 15 and not more than 21 members appointed by the
Secretary, of whom not less than 2 shall--
(A) be a representative of the interests of public water
districts or other public organizations with water delivery
authority;
(B) be a representative of the interests of academic
organizations with expertise in the field of water
technology, including desalination or water reuse;
(C) be representative of a non-profit conservation
organization;
(D) have expertise in administering award competitions; and
(E) be a representative of the Bureau of Reclamation of the
Department of the Interior with expertise in the deployment
of desalination or water reuse.
(d) Awards.--Subject to the availability of appropriations,
the board may make the following awards:
(1) Financial prize.--A financial award given through a
competition in an amount determined before the commencement
of the competition to the first competitor to meet such
criteria as the board shall establish.
(2) Recognition prize.--A non-monetary award, through which
the board recognizes an eligible person for superlative
achievement in 1 or more applications described in subsection
(a). An award under this paragraph shall not include any
financial remuneration.
(e) Administration.--
(1) Contracting.--The board may contract with a private
organization to administer a financial award competition
described in subsection (d)(1).
(2) Solicitation of funds.--A member of the board or any
administering organization with which the board has a
contract under paragraph (1) may solicit gifts from private
and public entities to be used for a financial award
competition.
(3) Limitation on participation of donors.--The board may
allow a donor who is a private person described in paragraph
(2) to participate in the determination of criteria for an
award under subsection (d), but such donor may not solely
determine the criteria for such award.
(4) No advantage for donation.--A donor who is a private
person described in paragraph (3) shall not be entitled to
any special consideration or advantage with respect to
participation in a financial award competition.
(f) Intellectual Property.--The Federal Government may not
acquire an intellectual property right in any product or idea
by virtue of the submission of such product or idea in the
financial award competition.
(g) Liability.--The board may require a competitor in a
financial award competition to waive liability against the
Federal Government for injuries and damages that result from
participation in such competition.
(h) Annual Report.--Each year, the board shall submit to
the relevant committees of Congress a report on the program.
(i) Authorization of Appropriations.--There are authorized
to be appropriated sums for the program as follows:
(1) For administration of the awards under subsection (d),
$750,000 for each fiscal year through fiscal year 2027, to
remain available until expended.
(2) For the financial prize award under subsection (d)(1),
in addition to any amounts received under subsection (e)(2),
$5,000,000 for each fiscal year through fiscal year 2027, to
remain available until expended.
SEC. 222. WATER TECHNOLOGY INVESTMENT PROGRAM ESTABLISHED.
(a) In General.--The Secretary, acting through the Bureau
of Reclamation, shall establish a program, pursuant to the
Reclamation Wastewater and Groundwater Study and Facilities
Act (Public Law 102-575, title XVI), the Water Desalination
Act of 1996 (Public Law 104-298), and other applicable laws,
to promote the expanded use of technology for improving
availability and resiliency of water supplies and power
deliveries, which shall include investments to enable
expanded and accelerated--
(1) deployment of desalination technology; and
(2) use of recycled water.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for each fiscal year through
fiscal year 2027 for the Secretary to carry out the purposes
and provisions of this section.
SEC. 223. FEDERAL PRIORITY STREAMGAGES.
(a) Federal Priority Streamgages.--The Secretary shall make
every reasonable effort to make operational all streamgages
identified as Federal Priority Streamgages by the United
States Geological Survey not later than 10 years after the
date of the enactment of this Act.
(b) Collaboration With States.--The Secretary shall, to the
maximum extent practicable, seek to leverage Federal
investments in Federal Priority Streamgages through
collaborative partnerships with States and local agencies
that invest non-Federal funds to maintain and enhance
streamgage networks to improve both environmental quality and
water supply reliability.
(c) Authorization of Appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated $150,000,000 to the Secretary to carry out this
section, to remain available until expended.
Subtitle C--Drought Response and Preparedness for Ecosystems
SEC. 231. AQUATIC ECOSYSTEM RESTORATION PROGRAM.
In addition to amounts otherwise available, there is
authorized to be appropriated $400,000,000 to remain
available until expended for design, study, and construction
of aquatic ecosystem restoration and protection projects in
accordance with section 1109 of division FF of the
Consolidated Appropriations Act, 2021 (Public Law 116-260).
SEC. 232. WATERSHED HEALTH PROGRAM.
In addition to amounts otherwise available, there is
authorized to be appropriated $200,000,000 to carry out
section 40907 of the Infrastructure Investment and Jobs Act
(43 U.S.C. 3207), to remain available until expended.
SEC. 233. WATERBIRD HABITAT CREATION PROGRAM.
(a) Authorization of Habitat Creation Program.--The
Secretary shall establish a program to incentivize farmers to
keep fields flooded during appropriate time periods for the
purposes of waterbird habitat creation and maintenance,
including waterfowl and shorebird habitat creation and
maintenance, provided that--
(1) such incentives may not exceed $3,500,000 annually,
either directly or through credits against other contractual
payment obligations;
(2) the holder of a water contract receiving payments under
this section pass such payments through to farmers
participating in the program, less reasonable contractor
costs, if any; and
(3) the Secretary determines that habitat creation
activities receiving financial support under this section
will create new habitat that is not likely to be created
without the financial incentives provided under this section.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $3,500,000 for each
fiscal year through fiscal year 2027 to carry out this
section, to remain available until expended.
(c) Report.--Not later than October 1, 2023, and every 2
years thereafter, the Secretary shall submit to Congress a
report summarizing the environmental performance of
activities that are receiving, or have received, assistance
under the program authorized by this section.
SEC. 234. SUPPORT FOR REFUGE WATER DELIVERIES.
(a) Report on Historic Refuge Water Deliveries.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary shall submit to the relevant committees of Congress
and make publicly available a report that describes the
following:
(1) Compliance with section 3406(d)(1) and section
3406(d)(2) of the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575) in each of years 1992
through 2018, including an indication of the amount of water
identified as the Level 2 amount and incremental Level 4
amount for each wetland area.
(2) The difference between the mandated quantity of water
to be delivered to each wetland habitat area described in
section 3406(d)(2) and the actual quantity of water delivered
since October 30, 1992, including a listing of every year in
which the full delivery of water to wetland habitat areas was
achieved in accordance with Level 4 of the ``Dependable Water
Supply Needs'' table, described in section 3406(d)(2) of the
Central Valley Project Improvement Act (title XXXIV of Public
Law 102-575).
(3) Which of the authorities granted to the Secretary under
Public Law 102-575 to achieve the full Level 4 deliveries of
water to wetland habitat areas was employed in achieving the
increment of water delivery above the Level 2 amount for each
wetland habitat area, including whether water conservation,
conjunctive use, water purchases, water leases, donations,
water banking, or other authorized activities have been used
and the extent to which such authorities have been used.
(4) An assessment of the degree to which the elimination of
water transaction fees for the donation of water rights to
wildlife refuges would help advance the goals of the Central
Valley Project Improvement Act (title XXXIV of Public Law
102-575).
[[Page H7446]]
(b) Priority Construction List.--The Secretary shall
establish, through a public process and in consultation with
the Interagency Refuge Water Management Team, a priority list
for the completion of the conveyance construction projects at
the wildlife habitat areas described in section 3406(d)(2) of
the Central Valley Project Improvement Act (title XXXIV of
Public Law 102-575), including the Mendota Wildlife Area,
Pixley National Wildlife Refuge and Sutter National Wildlife
Refuge.
(c) Ecological Monitoring and Evaluation Program.--Not
later than 1 year after the date of the enactment of this
Act, the Secretary, acting through the Director of the United
States Fish and Wildlife Service, shall design and implement
an ecological monitoring and evaluation program, for all
Central Valley wildlife refuges, that produces an annual
report based on existing and newly collected information,
including--
(1) the United States Fish and Wildlife Service Animal
Health Lab disease reports;
(2) mid-winter waterfowl inventories;
(3) nesting and brood surveys;
(4) additional data collected regularly by the refuges,
such as herptile distribution and abundance;
(5) a new coordinated systemwide monitoring effort for at
least one key migrant species and two resident species listed
as threatened and endangered pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) (including one
warm-blooded and one cold-blooded), that identifies
population numbers and survival rates for the 3 previous
years; and
(6) an estimate of the bioenergetic food production
benefits to migrant waterfowl, consistent with the
methodology used by the Central Valley Joint Venture, to
compliment and inform the Central Valley Joint Venture
implementation plan.
(d) Adequate Staffing for Refuge Water Delivery
Objectives.--The Secretary shall ensure that adequate
staffing is provided to advance the refuge water supply
delivery objectives under the Central Valley Project
Improvement Act (title XXXIV of Public Law 102-575).
(e) Funding.--There is authorized to be appropriated
$25,000,000 to carry out subsections (a) through (d), which
shall remain available until expended.
(f) Effect on Other Funds.--Amounts authorized under this
section shall be in addition to amounts collected or
appropriated under the Central Valley Project Improvement Act
(title XXXIV of Public Law 102-575).
SEC. 235. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY
IMPORTANT FISHERIES.
(a) Definitions.--In this section:
(1) Critically important fisheries.--The term ``critically
important fisheries'' means--
(A) commercially and recreationally important fisheries
located within the Reclamation States;
(B) fisheries containing fish species that are listed as
threatened or endangered pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) within the Reclamation
States; or
(C) fisheries used by Indian Tribes within the Reclamation
States for ceremonial, subsistence, or commercial purposes.
(2) Qualified tribal government.--The term ``qualified
Tribal Government'' means any government of an Indian Tribe
that the Secretary determines--
(A) is involved in fishery management and recovery
activities including under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
(B) has the management and organizational capability to
maximize the benefits of assistance provided under this
section.
(b) Drought Plan for Critically Important Fisheries.--Not
later than January 1, 2024, and every three years thereafter,
the Secretary, acting through the Director of the United
States Fish and Wildlife Service shall, in consultation with
the National Marine Fisheries Service, the Bureau of
Reclamation, the Army Corps of Engineers, State fish and
wildlife agencies, and affected Indian Tribes, prepare a plan
to sustain the survival of critically important fisheries
within the Reclamation States during periods of extended
drought. The plan shall focus on actions that can aid the
survival of critically important fisheries during the driest
years. In preparing such plan, the Director shall consider--
(1) habitat restoration efforts designed to provide drought
refugia and increased fisheries resilience during droughts;
(2) relocating the release location and timing of hatchery
fish to avoid predation and temperature impacts;
(3) barging of hatchery release fish to improve survival
and reduce straying;
(4) coordination with water users, the Bureau of
Reclamation, State fish and wildlife agencies, and interested
public water agencies regarding voluntary water transfers,
including through groundwater substitution activities, to
determine if water releases can be collaboratively managed in
a way that provides additional benefits for critically
important fisheries without negatively impacting wildlife
habitat;
(5) hatchery management modifications, such as expanding
hatchery production of fish during the driest years, if
appropriate for a particular river basin;
(6) hatchery retrofit projects, such as the installation
and operation of filtration equipment and chillers, to reduce
disease outbreaks, egg mortality and other impacts of
droughts and high water temperatures;
(7) increasing rescue operations of upstream migrating
fish;
(8) improving temperature modeling and related forecasted
information to predict water management impacts to the
habitat of critically important fisheries with a higher
degree of accuracy than current models;
(9) testing the potential for parentage-based tagging and
other genetic testing technologies to improve the management
of hatcheries;
(10) programs to reduce predation losses at artificially
created predation hot spots; and
(11) retrofitting existing water facilities to provide
improved temperature conditions for fish.
(c) Public Comment.--The Director of the United States Fish
and Wildlife Service shall provide for a public comment
period of not less than 90 days before finalizing a plan
under subsection (b).
(d) Authorization of Appropriations for Fish Recovery
Efforts.--There is authorized to be appropriated $25,000,000
for the United States Fish and Wildlife Service for fiscal
year 2023 for fish, stream, and hatchery activities related
to fish recovery efforts, including work with the National
Marine Fisheries Service, the Bureau of Reclamation, the Army
Corps of Engineers, State fish and wildlife agencies, or a
qualified Tribal Government.
(e) Effect.--Nothing in this section is intended to expand,
diminish, or affect any obligation under Federal or State
environmental law.
SEC. 236. REAUTHORIZATION OF THE FISHERIES RESTORATION AND
IRRIGATION MITIGATION ACT OF 2000.
Section 10(a) of the Fisheries Restoration and Irrigation
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-
502) is amended by striking ``$15 million through 2021'' and
inserting ``$25,000,000 through 2028''.
SEC. 237. SUSTAINING BIODIVERSITY DURING DROUGHTS.
Section 9503(b) of the Omnibus Public Land Management Act
of 2009 (42 U.S.C. 10363(b)) is amended--
(1) in paragraph (3)(D), by inserting ``and native
biodiversity'' after ``wildlife habitat''; and
(2) in paragraph (4)(B), by inserting ``and drought
biodiversity plans to address sustaining native biodiversity
during periods of drought'' after ``restoration plans''.
SEC. 238. WATER RESOURCE EDUCATION.
(a) General Authority.--In accordance with this section,
the Secretary may enter into a cooperative agreement or
contract or provide financial assistance in the form of a
grant, to support activities related to education on water
resources.
(b) Eligible Activities.--The Secretary may enter into a
cooperative agreement or contract or provide financial
assistance for activities that improve water resources
education, including through tours, publications or other
activities that--
(1) disseminate information on water resources via
educational tools, materials or programs;
(2) publish relevant information on water resource issues,
including environmental and ecological conditions;
(3) advance projects that improve public understanding of
water resource issues or management challenges, including
education on drought, drought awareness, and drought
resiliency;
(4) provide training or related education for teachers,
faculty, or related personnel, including in a specific
geographic area or region; or
(5) enable tours, conferences, or other activities to
foster cooperation in addressing water resources or
management challenges, including cooperation relating to
water resources shared by the United States and Canada or
Mexico.
(c) Grant Priority.--In making grants under this section,
the Secretary shall give priority to activities that--
(1) provide training for the professional development of
legal and technical experts in the field of water resources
management; or
(2) help educate the public, teachers or key stakeholders
on--
(A) a new or significantly improved water resource
management practice, method, or technique;
(B) the existence of a water resource management practice,
method, or technique that may have wide application;
(C) a water resource management practice, method, or
technique related to a scientific field or skill identified
as a priority by the Secretary; or
(D) general water resource issues or management challenges,
including as part of a science curricula in elementary or
secondary education setting.
TITLE III--OPEN ACCESS EVAPOTRANSPIRATION DATA
SEC. 301. SHORT TITLE.
This title may be cited as the ``Open Access
Evapotranspiration Data Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Evapotranspiration.--The term ``evapotranspiration'' or
``ET'' means the process by which water is transferred from
the land to the atmosphere by--
(A) evaporation from soil and other surfaces; and
(B) transpiration from plants.
(2) Program.--The term ``Program'' means the Open Access
Evapotranspiration (OpenET) Data Program established under
section 304(a).
(3) Program partner.--The term ``Program partner'' means--
(A) an institution of higher education;
(B) a State (including a State agency);
(C) an Indian Tribe as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304);
(D) a private sector entity;
(E) a nongovernmental organization; or
(F) any other entity determined to be appropriate by the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
SEC. 303. FINDINGS.
Congress finds that--
(1) evapotranspiration is the second largest component of
the water budget, which is an accounting of the allocation of
water resources to various water uses;
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(2) evapotranspiration is a measure of the water that is
consumed and lost from a water system, removed from available
supplies, and unavailable for other uses within a watershed;
(3) accurate information on evapotranspiration is required
to balance water supply and water demand in a watershed and
ensure that adequate water supplies for beneficial uses are
available over time;
(4) water users and managers are impeded in more efficient
decision making by--
(A) the lack of consistent and comprehensive water use
data; and
(B) the fact that access to existing data is often limited
and cost-prohibitive; and
(5) evapotranspiration data may be applied for the purposes
of--
(A) assisting users and decisionmakers to better manage
resources and protect financial viability of farm operations
during drought;
(B) developing more accurate water budgets and innovative
management programs to better promote conservation and
sustainability efforts; and
(C) employing greater groundwater management practices and
understanding impacts of consumptive water use.
SEC. 304. OPEN ACCESS EVAPOTRANSPIRATION (OPENET) DATA
PROGRAM.
(a) Establishment.--The Secretary shall establish a program
to be known as the ``Open Access Evapotranspiration (OpenET)
Data Program'' under which the Secretary shall provide for
the delivery of satellite-based evapotranspiration data, as
available, supported by other ET methods--
(1) to advance the quantification of evaporation and
consumptive water use; and
(2) to provide data users with estimates of
evapotranspiration data across large landscapes over certain
periods of time, with a priority for Landsat scale (30-100m)
when available.
(b) Purpose.--The purpose of the Program is to support the
operational distribution of satellite-based
evapotranspiration data generated under the Program to
sustain and enhance water resources in the United States.
(c) Duties.--In carrying out the Program, the Secretary
shall--
(1) evaluate, use, and modify sources of satellite-based
evapotranspiration data, supported by other ET methods, based
on best available science and technologies; and
(2) coordinate and consult with--
(A) the heads of other relevant Federal agencies,
including--
(i) the Commissioner of Reclamation;
(ii) the Administrator of the National Aeronautics and
Space Administration;
(iii) the Administrator of the National Oceanic and
Atmospheric Administration;
(iv) the Administrator of the Agricultural Research
Service; and
(v) the Chief of the Natural Resources Conservation
Service; and
(B) Program partners.
(d) Components.--In carrying out the Program, the Secretary
shall, in coordination with other relevant agencies, carry
out activities to develop, maintain, establish, expand, or
advance delivery of satellite-based evapotranspiration data,
supported by other ET methods, to advance the quantification
of evaporation and consumptive water use, with an emphasis on
carrying out activities that--
(1) support the development and maintenance of
evapotranspiration data and software systems and associated
research and development in a manner that ensures that
Program data are reflective of the best available science,
including by providing support to Program partners, or
coordinating activities with other programs within the
Department of the Interior, that have developed and are
maintaining evapotranspiration software systems and datasets;
(2) demonstrate or test new and existing evapotranspiration
measurement technology;
(3) improve evapotranspiration measurement science and
technology; and
(4) develop or refine the application of satellite-based
evapotranspiration data available to Federal agencies,
States, and Indian Tribes, including programs within both the
Water Resources and Core Science Systems divisions of the
United States Geological Survey. These may include--
(A) the Water Availability and Use Science Program, the
National Water Census, and Integrated Water Availability
Assessments; and
(B) the National Land Imaging Program, the Land Change
Science Program, and the Science Analytics and Synthesis
Program.
(e) Water Use and Availability of Program Data.--The
Secretary--
(1) shall incorporate, to the maximum extent practicable,
program information and data for purposes of determining
consumptive water use on irrigated or other vegetated
landscapes for use by water resource management agencies;
(2) may continue to coordinate data analyses, use, and
collection efforts with other Federal agencies, States, and
Tribal governments through existing coordinating
organizations, such as--
(A) the Western States Water Council; and
(B) the Western States Federal Agency Support Team; and
(3) may provide information collected and analyzed under
the Program to Program partners through appropriate
mechanisms, including through agreements with Federal
agencies, States (including State agencies), or Indian
Tribes, leases, contracts, cooperative agreements, grants,
loans, and memoranda of understanding.
(f) Cooperative Agreements.--The Secretary shall--
(1) enter into cooperative agreements with Program partners
to provide for the efficient and cost-effective
administration of the Program, including through cost sharing
or by providing additional in-kind resources necessary to
carry out the Program; and
(2) provide nonreimbursable matching funding, as
permissible, for programmatic and operational activities
under this section, in consultation with Program partners.
(g) Environmental Laws.--Nothing in this title modifies any
obligation of the Secretary to comply with applicable Federal
and State environmental laws in carrying out this title.
SEC. 305. REPORT.
Not later than 5 years after the date of the enactment of
this title, the Secretary shall submit to the Committees on
Energy and Natural Resources, Agriculture, Nutrition, and
Forestry, and Appropriations of the Senate and the Committees
on Natural Resources, Agriculture, and Appropriations of the
House of Representatives a report that includes--
(1) a status update on the operational incorporation of
Program data into modeling, water planning, and reporting
efforts of relevant Federal agencies; and
(2) a list of Federal agencies and Program partners that
are applying Program data to beneficial use, including a
description of examples of beneficial uses.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out this title $23,000,000 for each of fiscal years
2023 through 2027, to remain available until expended.
TITLE IV--COLORADO RIVER INDIAN TRIBES WATER RESILIENCY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Colorado River Indian
Tribes Water Resiliency Act of 2022''.
SEC. 402. FINDINGS.
The purposes of this title are to authorize--
(1) the CRIT to enter into lease or exchange agreements,
storage agreements, and agreements for conserved water for
the economic well-being of the CRIT; and
(2) the Secretary to approve any lease or exchange
agreements, storage agreements, or agreements for conserved
water entered into by the CRIT.
SEC. 403. DEFINITIONS.
In this title:
(1) Agreement for conserved water.--The term ``agreement
for conserved water'' means an agreement for the creation of
system conservation, storage of conserved water in Lake Mead,
or other mechanisms for voluntarily leaving a portion of the
CRIT reduced consumptive use in Lake Mead.
(2) Allottee.--The term ``allottee'' means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is--
(A) located within the exterior boundaries of the
Reservation; and
(B) held in trust by the United States.
(3) Consolidated decree.--The term ``Consolidated Decree''
means the decree entered by the Supreme Court of the United
States in Arizona v. California (547 U.S. 150 (2006)).
(4) Consumptive use.--The term ``consumptive use'' means a
portion of the decreed allocation that has a recent history
of use by the CRIT within the exterior boundary of the
Reservation. Any verified reduction in consumptive use
pursuant to a lease or exchange agreement, storage agreement,
or agreement for conserved water, shall be deemed to be a
consumptive use in the year in which the reduction occurred,
if the reduction is reflected in the Water Accounting Report.
(5) Crit.--The term ``CRIT'' means the Colorado River
Indian Tribes, a federally recognized Indian Tribe.
(6) Decreed allocation.--The term ``decreed allocation''
means the volume of water of the mainstream of the Colorado
River allocated to the CRIT that is accounted for as part of
the apportionment for the State in part I-A of the Appendix
of the Consolidated Decree.
(7) Lower basin.--The term ``Lower Basin'' has the meaning
given the term in article II(g) of the Colorado River Compact
of 1922, as approved by Federal law in section 13 of the
Boulder Canyon Project Act (43 U.S.C. 617l) and by the
Presidential Proclamation of June 25, 1929 (46 Stat. 3000).
(8) Person.--The term ``person'' means an individual, a
public or private corporation, a company, a partnership, a
joint venture, a firm, an association, a society, an estate
or trust, a private organization or enterprise, the United
States, an Indian Tribe, a governmental entity, or a
political subdivision or municipal corporation organized
under, or subject to, the constitution and laws of the State.
(9) Reservation.--The term ``Reservation'' means the
portion of the reservation established for the CRIT that is
located in the State.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) State.--Except for purposes of section 416, the term
``State'' means the State of Arizona.
(12) Storage.--The term ``storage'' means the underground
storage, in accordance with State law, of a portion of the
consumptive use off the Reservation within the Lower Basin in
the State.
(13) Water accounting report.--The term ``Water Accounting
Report'' means the annual report of the Bureau of Reclamation
entitled the ``Colorado River Accounting and Water Use
Report: Arizona, California, and Nevada'' which includes the
compilation of records in accordance with article V of the
Consolidated Decree.
SEC. 404. LEASE OR EXCHANGE AGREEMENTS.
(a) Authorization.--Notwithstanding section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act''; 25 U.S.C. 177) or any other provision of
law, the CRIT is authorized, subject to the approval of the
Secretary under section 407(a), and has the sole authority,
to enter into, with any person,
[[Page H7448]]
an agreement to lease or exchange, or an option to lease or
exchange, a portion of the consumptive use for a use off the
Reservation (referred to in this title as a ``lease or
exchange agreement''), on the condition that the use off the
Reservation is located in the Lower Basin in the State and is
not in Navajo, Apache, or Cochise counties.
(b) Term of Lease or Exchange Agreement.--The term of any
lease or exchange agreement entered into under subsection (a)
shall be mutually agreed, except that the term shall not
exceed 100 years.
(c) Modifications.--Any lease or exchange agreement entered
into under subsection (a) may be renegotiated or modified at
any time during the term of the lease or exchange agreement,
subject to the approval of the Secretary under section
407(a), on the condition that the term of the renegotiated
lease or exchange agreement does not exceed 100 years.
(d) Applicable Law.--Any person entering into a lease or
exchange agreement with the CRIT under this section shall use
the water received under the lease or exchange agreement in
accordance with applicable Federal and State law.
SEC. 405. STORAGE AGREEMENTS.
(a) Authorization.--Notwithstanding section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act''; 25 U.S.C. 177) or any other provision of
law, the CRIT is authorized, subject to the approval of the
Secretary under section 407(a), and has the sole authority,
to enter into an agreement, including with the Arizona Water
Banking Authority (or successor agency or entity), for the
storage of a portion of the consumptive use, or the water
received under an exchange pursuant to an exchange agreement
under section 404, at 1 or more underground storage
facilities or groundwater savings facilities off the
Reservation (referred to in this title as a ``storage
agreement''), on the condition that the facility is located
in the Lower Basin in the State and is not in Navajo, Apache,
or Cochise counties.
(b) Applicable Law.--Any storage agreement entered into
under this section shall be in accordance with applicable
Federal and State law.
(c) Delegation of Rights.--The CRIT may assign or sell any
long-term storage credits accrued as a result of a storage
agreement, on the condition that the assignment or sale is in
accordance with applicable State law.
SEC. 406. AGREEMENTS FOR CREATION OF WATER FOR THE COLORADO
RIVER SYSTEM OR FOR STORING WATER IN LAKE MEAD.
(a) Authorization.--Notwithstanding section 2116 of the
Revised Statutes (commonly known as the ``Indian Trade and
Intercourse Act''; 25 U.S.C. 177) or any other provision of
law, the CRIT is authorized, subject to the approval of the
Secretary under section 407(a), and has the sole authority,
to enter into, with any person, an agreement for conserved
water on the condition that if the conserved water is
delivered, the delivery is to a location in the Lower Basin
of the State and not in Navajo, Apache, or Cochise counties.
(b) Term of an Agreement for Conserved Water.--The term of
any agreement for conserved water entered into under
subsection (a) shall be mutually agreed, except that the term
shall not exceed 100 years.
(c) Applicable Law.--Any person entering into an agreement
for conserved water with the CRIT under this section shall
use the water received in accordance with applicable Federal
and State law.
SEC. 407. SECRETARIAL APPROVAL; DISAPPROVAL; AGREEMENTS.
(a) Authorization.--The Secretary shall approve or
disapprove any--
(1) lease or exchange agreement;
(2) modification to a lease or exchange agreement;
(3) storage agreement;
(4) modification to a storage agreement; or
(5) agreement for conserved water.
(b) Secretarial Agreements.--The Secretary is authorized to
enter lease or exchange agreements, storage agreements, or
agreements for conserved water with the CRIT, provided the
Secretary pays the fair market value for the CRIT reduced
consumptive use.
(c) Requirements.--
(1) In general.--The Secretary shall not approve any lease
or exchange agreement, or any modification to a lease or
exchange agreement, any storage agreement, or any
modification to a storage agreement that is not in compliance
with--
(A) this title; and
(B) the agreement entered into between the CRIT, the State,
and the Secretary under section 410(a).
(2) Conserved water.--The Secretary shall not approve any
agreement for conserved water that is not in compliance
with--
(A) this title; and
(B) other applicable Federal law.
(3) Permanent alienation.--The Secretary shall not approve
any lease or exchange agreement, or any modification to a
lease or exchange agreement, or any storage agreement, or
modification to a storage agreement, or agreement for
conserved water that permanently alienates any portion of the
CRIT decreed allocation.
(d) Other Requirements.--The requirement for Secretarial
approval under subsection (a) shall satisfy the requirements
of section 2116 of the Revised Statutes (commonly known as
the ``Indian Trade and Intercourse Act''; 25 U.S.C. 177).
(e) Authority of the Secretary.--Nothing in this title, or
any agreement entered into or approved by the Secretary under
this title, including any lease or exchange agreement,
storage agreement, or agreement for conserved water, shall
diminish or abrogate the authority of the Secretary to act
under applicable Federal law or regulation, including the
Consolidated Decree.
SEC. 408. RESPONSIBILITIES OF THE SECRETARY.
(a) Compliance.--When approving a lease or exchange
agreement, a storage agreement, or an agreement for conserved
water, the Secretary shall promptly comply with all aspects
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and all other applicable environmental Acts
and regulations.
(b) Documentation.--The Secretary shall document any lease
or exchange agreement, storage agreement, or agreement for
conserved water in the Water Accounting Report.
SEC. 409. AGREEMENT BETWEEN THE CRIT AND THE STATE.
(a) In General.--Before entering into the first lease or
exchange agreement or storage agreement, the CRIT shall enter
into an agreement with the State that outlines all notice,
information sharing, and collaboration requirements that
shall apply to any potential lease or exchange agreement or
storage agreement the CRIT may enter into.
(b) Requirement.--The agreement required under subsection
(a) shall include a provision that requires the CRIT to
submit to the State all documents regarding a potential lease
or exchange agreement or storage agreement.
SEC. 410. AGREEMENT BETWEEN THE CRIT, THE STATE, AND THE
SECRETARY.
(a) In General.--Before approving the first lease or
exchange agreement or storage agreement under section 407,
the Secretary shall enter into an agreement with the State
and the CRIT that describes the procedural, technical, and
accounting methodologies for any lease or exchange agreement
or storage agreement the CRIT may enter into, including
quantification of the reduction in consumptive use and water
accounting.
(b) NEPA.--The execution of the agreement required under
subsection (a) shall not constitute a major Federal action
for purposes of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(c) Effect.--Nothing in this title shall prohibit the
Secretary from agreeing with the CRIT and the State to a
modification to an agreement entered into under subsection
(a) (including an appendix or exhibit to the agreement) if
that the modification--
(1) is in compliance with this title; and
(2) does not otherwise require congressional approval under
section 2116 of the Revised Statutes (commonly known as the
``Indian Trade and Intercourse Act''; 25 U.S.C. 177) or any
other provision of law.
SEC. 411. NO EFFECT ON THE CRIT DECREED ALLOCATION.
(a) Temporary Use.--A lease or exchange agreement, storage
agreement, or agreement for conserved water--
(1) shall provide for the temporary use, storage or
conservation of a portion of the consumptive use off the
Reservation; and
(2) shall not permanently alienate the decreed allocation.
(b) Priority Status.--
(1) In general.--The lease or exchange of a portion of the
consumptive use shall not cause that portion to lose or
change its priority under the Consolidated Decree.
(2) Nonuse.--Any nonuse by a person who is a party to any
lease or exchange agreement or storage agreement with the
CRIT shall not result in forfeiture, abandonment,
relinquishment, or other loss by the CRIT of all or any
portion of the decreed allocation.
(c) Reservation of Rights.--The lease, exchange, storage,
or conservation of a portion of the consumptive use shall not
reduce or limit the right of the CRIT to use the remaining
portion of the decreed allocation on the Reservation.
(d) Storage Agreements.--A storage agreement entered into
under this title shall account for the quantity of water in
storage off the Reservation in accordance with applicable
State law.
SEC. 412. ALLOTTEE USE OF WATER.
(a) Interference.--The lease, exchange, storage, or
conservation of a portion of the consumptive use shall not
directly or indirectly interfere with, or diminish, any
entitlement to water for an allottee under Federal or Tribal
law.
(b) Water Rights of Allottees.--The Secretary shall protect
the rights of the allottees to a just and equitable
distribution of water for irrigation purposes, pursuant to
section 7 of the Act of February 8, 1887 (commonly known as
the ``Indian General Allotment Act''; 24 Stat. 390, chapter
119; 25 U.S.C. 381) (referred to in this section as the
``Act'').
(c) Relief Under Tribal Law.--Prior to asserting any claim
against the United States pursuant to the Act, or any other
applicable law, an allottee shall exhaust all remedies
available under applicable Tribal law.
(d) Relief Under the Indian General Allotment Act.--
Following an exhaustion of remedies available under
applicable Tribal law, an allottee may seek relief under the
Act, or any other applicable law.
(e) Relief From the Secretary.--Following exhaustion of
remedies available under the Act, or any other applicable
law, an allottee may petition the Secretary for relief.
SEC. 413. CONSIDERATION PAID TO THE CRIT.
The CRIT, and not the United States in any capacity, shall
be entitled to all consideration due to the CRIT under any
lease or exchange agreement, storage agreement, or agreement
for conserved water.
SEC. 414. LIABILITY OF THE UNITED STATES.
(a) Limitation of Liability.--The United States shall not
be liable to the CRIT or to any party to a lease or exchange
agreement, storage
[[Page H7449]]
agreement, or agreement for conserved water in any claim
relating to the negotiation, execution, or approval of any
lease or exchange agreement, storage agreement, or an
agreement for conserved water, including any claim relating
to the terms included in such an agreement, except for claims
related to section 408(a).
(b) Obligations.--The United States shall have no trust
obligation or other obligation to monitor, administer, or
account for--
(1) any funds received by the CRIT as consideration under
any lease or exchange agreement, storage agreement, or
agreement for conserved water; or
(2) the expenditure of such funds.
SEC. 415. APPLICATION.
(a) In General.--This title shall apply only to the portion
of the decreed allocation that is available for use in the
State.
(b) Requirement.--The portion of the decreed allocation
that is available for use in the State shall not be used,
directly or indirectly, outside the Lower Basin in the State
or in Navajo, Apache, or Cochise counties.
SEC. 416. RULE OF CONSTRUCTION.
Nothing in this title establishes, or shall be considered
to establish, a precedent in any litigation involving, or
alters, affects, or quantifies, any water right with respect
to--
(1) the United States;
(2) any other Indian Tribe, band, or community;
(3) any State or political subdivision or district of a
State; or
(4) any person.
TITLE V-- HUALAPAI TRIBE WATER RIGHTS SETTLEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Hualapai Tribe Water
Rights Settlement Act of 2022''.
SEC. 502. PURPOSES.
The purposes of this title are--
(1) to resolve, fully and finally, all claims to rights to
water in the State, including the Verde River, the Bill
Williams River, and the Colorado River, of--
(A) the Hualapai Tribe, on behalf of the Hualapai Tribe and
the members of the Hualapai Tribe; and
(B) the United States, acting as trustee for the Hualapai
Tribe, the members of the Hualapai Tribe, and the allottees;
(2) to authorize, ratify, and confirm the Hualapai Tribe
water rights settlement agreement, to the extent that
agreement is consistent with this title;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Hualapai Tribe water rights settlement agreement and this
title; and
(4) to authorize the appropriation of funds necessary to
carry out the Hualapai Tribe water rights settlement
agreement and this title.
SEC. 503. DEFINITIONS.
In this title:
(1) 1947 judgment.--The term ``1947 Judgment'' means the
Judgment and the Stipulation and Agreement, including
exhibits to the Judgment and the Stipulation and Agreement,
entered on March 13, 1947, in United States v. Santa Fe Pac.
R.R. Co., No. E-190 (D. Ariz.) and attached to the Hualapai
Tribe water rights settlement agreement as Exhibit 3.1.1.
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Allotment.--The term ``allotment'' means any of the 4
off-reservation parcels that are--
(A) held in trust by the United States for individual
Indians in the Big Sandy River basin in Mohave County,
Arizona, under the patents numbered 1039995, 1039996,
1039997, and 1019494; and
(B) identified as Parcels 1A, 1B, 1C, and 2 on the map
attached to the Hualapai Tribe water rights settlement
agreement as Exhibit 3.1.6.
(4) Allottee.--The term ``allottee'' means any Indian owner
of an allotment.
(5) Available cap supply.--The term ``available CAP
supply'' means, for any year--
(A) all fourth priority water available for delivery
through the Central Arizona Project;
(B) water available from Central Arizona Project dams and
reservoirs other than the Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for Central
Arizona Project use.
(6) Bill williams act.--The term ``Bill Williams Act''
means the Bill Williams River Water Rights Settlement Act of
2014 (Public Law 113-223; 128 Stat. 2096).
(7) Bill williams agreements.--The term ``Bill Williams
agreements'' means the Amended and Restated Big Sandy River-
Planet Ranch Water Rights Settlement Agreement and the
Amended and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement, including all exhibits to each
agreement, copies of which (excluding exhibits) are attached
to the Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.11.
(8) Bill williams river phase 2 enforceability date.--The
term ``Bill Williams River Phase 2 Enforceability Date''
means the date described in section 514(d).
(9) Bill williams river phase 2 water rights settlement
agreement.--The term ``Bill Williams River phase 2 water
rights settlement agreement'' means the agreement of that
name that is attached to, and incorporated in, the Hualapai
Tribe water rights settlement agreement as Exhibit 4.3.3.
(10) Cap contract.--The term ``CAP contract'' means a long-
term contract (as defined in the CAP repayment stipulation)
with the United States for delivery of CAP water through the
CAP system.
(11) Cap contractor.--The term ``CAP contractor''--
(A) means a person that has entered into a CAP contract;
and
(B) includes the Hualapai Tribe.
(12) Cap fixed om&r charge.--The term ``CAP fixed OM&R
charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP repayment stipulation.
(13) Cap m&i priority water.--The term ``CAP M&I priority
water'' means water within the available CAP supply having a
municipal and industrial delivery priority.
(14) Cap nia priority water.--The term ``CAP NIA priority
water'' means water within the available CAP supply having a
non-Indian agricultural delivery priority.
(15) Cap operating agency.--The term ``CAP operating
agency'' means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance, and
replacement of the CAP system; and
(B) as of the date of the enactment of this title, the
Central Arizona Water Conservation District.
(16) Cap pumping energy charge.--The term ``CAP pumping
energy charge'' has the meaning given the term ``Pumping
Energy Charge'' in the CAP repayment stipulation.
(17) Cap repayment contract.--The term ``CAP repayment
contract'' means--
(A) the contract dated December 1, 1988 (Contract No. 14-
06-W-245, Amendment No. 1), between the United States and the
Central Arizona Water Conservation District for the Delivery
of Water and Repayment of Costs of the Central Arizona
Project; and
(B) any amendment to, or revision of, that contract.
(18) Cap repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the
Stipulation for Judgment, including any exhibits to those
documents, entered on November 21, 2007, in the United States
District Court for the District of Arizona in the
consolidated civil action Central Arizona Water Conservation
District v. United States, numbered CIV 95-625-TUC-WDB (EHC)
and CIV 95-1720-PHX-EHC.
(19) Cap subcontract.--The term ``CAP subcontract'' means a
long-term subcontract (as defined in the CAP repayment
stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP system.
(20) Cap subcontractor.--The term ``CAP subcontractor''
means a person that has entered into a CAP subcontract.
(21) Cap system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a feature
described in subparagraph (A), (B), (C), or (D); and
(F) any extension of, addition to, or replacement for a
feature described in subparagraph (A), (B), (C), (D), or (E).
(22) Cap water.--The term ``CAP water'' has the meaning
given the term ``Project Water'' in the CAP repayment
stipulation.
(23) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and
constructed by the United States in accordance with title III
of the Colorado River Basin Project Act (43 U.S.C. 1521 et
seq.).
(24) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the
political subdivision of the State that is the contractor
under the CAP repayment contract.
(25) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as
ratified and reprinted in article 2 of chapter 7 of title 45,
Arizona Revised Statutes.
(26) Colorado river water entitlement.--The term ``Colorado
River water entitlement'' means the right or authorization to
use Colorado River water in the State through a mainstem
contract with the Secretary pursuant to section 5 of the
Boulder Canyon Project Act (43 U.S.C. 617d).
(27) Diversion.--The term ``diversion'' means an act to
divert.
(28) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well, pump,
turnout, dam, or any other mechanical device; or
(B) any other act of man.
(29) Domestic purpose.--
(A) In general.--The term ``domestic purpose'' means any
use relating to the supply, service, or activity of a
household or private residence.
(B) Inclusions.--The term ``domestic purpose'' includes the
application of water to not more than 2 acres of land to
produce a plant or parts of a plant for--
(i) sale or human consumption; or
(ii) use as feed for livestock, range livestock, or
poultry.
(30) Effluent.--The term ``effluent'' means water that--
(A) has been used in the State for domestic, municipal, or
industrial purposes, other than solely for hydropower
generation; and
(B) is available for reuse for any purpose, regardless or
whether the water has been treated to improve the quality of
the water.
(31) Enforceability date.--The term ``Enforceability Date''
means the date described in section 514(a).
(32) Exchange.--The term ``exchange'' means a trade between
1 or more persons of any water for any other water, if each
person has a right or claim to use the water the person
provides in the trade, regardless of whether the water is
traded in equal quantities or other consideration is included
in the trade.
(33) Fourth priority water.--The term ``fourth priority
water'' means Colorado River
[[Page H7450]]
water that is available for delivery in the State for the
satisfaction of entitlements--
(A) in accordance with contracts, Secretarial reservations,
perfected rights, and other arrangements between the United
States and water users in the State entered into or
established after September 30, 1968, for use on Federal,
State, or privately owned land in the State, in a total
quantity of not greater than 164,652 AFY of diversions; and
(B) after first providing for the delivery of Colorado
River water for the CAP system, including for use on Indian
land, under section 304(e) of the Colorado River Basin
Project Act (43 U.S.C. 1524(e)), in accordance with the CAP
repayment contract.
(34) Freeport.--The term ``Freeport''--
(A) means the Delaware corporation named ``Freeport
Minerals Corporation''; and
(B) includes all subsidiaries, affiliates, successors, and
assigns of Freeport Minerals Corporation, including Byner
Cattle Company, a Nevada corporation.
(35) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court
of the State, in and for the County of Maricopa, In Re the
General Adjudication of All Rights To Use Water In The Gila
River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper
Gila), W-4 (San Pedro) (Consolidated).
(36) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State,
in and for the County of Maricopa, exercising jurisdiction
over the Gila River adjudication.
(37) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court in substantially the same
form as the form of judgment attached to the Hualapai Tribe
water rights settlement agreement as Exhibit 3.1.43.
(38) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the Earth within the State that is
not--
(A) surface water;
(B) effluent; or
(C) Colorado River water.
(39) Hualapai fee land.--The term ``Hualapai fee land''
means land, other than Hualapai trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the
Hualapai Reservation or Hualapai trust land; and
(C) as of the Enforceability Date, is owned by the Hualapai
Tribe, including by a tribally owned corporation.
(40) Hualapai land.--The term ``Hualapai land'' means--
(A) the Hualapai Reservation;
(B) Hualapai trust land; and
(C) Hualapai fee land.
(41) Hualapai reservation.--The term ``Hualapai
Reservation'' means the land within the exterior boundaries
of the Hualapai Reservation, including--
(A) all land withdrawn by the Executive order dated January
4, 1883, as modified by the May 28, 1942, order of the
Secretary pursuant to the Act of February 20, 1925 (43 Stat.
954, chapter 273);
(B) the land identified by the Executive orders dated
December 22, 1898, May 14, 1900, and June 2, 1911; and
(C) the land added to the Hualapai Reservation by sections
511 and 512.
(42) Hualapai tribe.--The term ``Hualapai Tribe'' means the
Hualapai Tribe, a federally recognized Indian Tribe of
Hualapai Indians organized under section 16 of the Act of
June 18, 1934 (25 U.S.C. 5123; commonly known as the ``Indian
Reorganization Act'').
(43) Hualapai tribe cap water.--The term ``Hualapai Tribe
CAP water'' means the 4,000 AFY of the CAP NIA priority water
that--
(A) was previously allocated to non-Indian agricultural
entities;
(B) was retained by the Secretary for reallocation to
Indian Tribes in the State pursuant to section
104(a)(1)(A)(iii) of the Central Arizona Project Settlement
Act of 2004 (Public Law 108-451; 118 Stat. 3487); and
(C) is reallocated to the Hualapai Tribe pursuant to
section 513.
(44) Hualapai tribe water delivery contract.--The term
``Hualapai Tribe water delivery contract'' means the contract
entered into in accordance with the Hualapai Tribe water
rights settlement agreement and section 513(c) for the
delivery of Hualapai Tribe CAP water.
(45) Hualapai tribe water rights settlement agreement.--
(A) In general.--The term ``Hualapai Tribe water rights
settlement agreement'' means the agreement, including
exhibits, entitled ``Hualapai Tribe Water Rights Settlement
Agreement'' and dated February 11, 2019.
(B) Inclusions.--The term ``Hualapai Tribe water rights
settlement agreement'' includes--
(i) any amendments necessary to make the Hualapai Tribe
water rights settlement agreement consistent with this title;
and
(ii) any other amendments approved by the parties to the
Hualapai Tribe water rights settlement agreement and the
Secretary.
(46) Hualapai trust land.--The term ``Hualapai trust land''
means land, other than Hualapai fee land, that is--
(A) located--
(i) in the State; and
(ii) outside the exterior boundaries of the Hualapai
Reservation; and
(B) as of the Enforceability Date, held in trust by the
United States for the benefit of the Hualapai Tribe.
(47) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with
section 506(a)(7)(A).
(48) Hualapai water trust fund account.--The term
``Hualapai Water Trust Fund Account'' means the account
established under section 506(a)(1).
(49) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(50) Injury to water rights.--
(A) In general.--The term ``injury to water rights'' means
any interference with, diminution of, or deprivation of, a
water right under Federal, State, or other law.
(B) Exclusion.--The term ``injury to water rights'' does
not include any injury to water quality.
(51) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River
Compact.
(52) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the
fund established by section 403(a) of the Colorado River
Basin Project Act (43 U.S.C. 1543(a)).
(53) Member.--The term ``member'' means any person duly
enrolled as a member of the Hualapai Tribe.
(54) Om&r.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to the day-
to-day operation of a project;
(B) any activity relating to scheduled or unscheduled
maintenance of a project; and
(C) any activity relating to replacing a feature of a
project.
(55) Parcel 1.--The term ``Parcel 1'' means the parcel of
land that is--
(A) depicted as 3 contiguous allotments identified as 1A,
1B, and 1C on the map attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.6; and
(B) held in trust for certain allottees.
(56) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that is--
(A) depicted as ``Parcel 2'' on the map attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.6; and
(B) held in trust for certain allottees.
(57) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that is--
(A) depicted as ``Parcel 3'' on the map attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.6;
(B) held in trust for the Hualapai Tribe; and
(C) part of the Hualapai Reservation pursuant to Executive
Order 1368, dated June 2, 1911.
(58) Party.--The term ``party'' means a person that is a
signatory to the Hualapai Tribe water rights settlement
agreement.
(59) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(60) State.--The term ``State'' means the State of Arizona.
(61) Stock watering.--The term ``stock watering'' means the
watering of livestock, range livestock, or poultry.
(62) Surface water.--The term ``surface water'' means all
water in the State that is appropriable under State law.
(63) Truxton basin.--The term ``Truxton Basin'' means the
groundwater aquifer described in the report issued by the
United States Geological Survey entitled ``Groundwater
Availability in the Truxton Basin, Northwestern Arizona'',
Scientific Investigations Report No. 2020-5017-A.
(64) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water;
(C) effluent; and
(D) Colorado River water.
(65) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, effluent, or Colorado
River water under Federal, State, or other law.
SEC. 504. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER
RIGHTS SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this title and to
the extent the Hualapai Tribe water rights settlement
agreement does not conflict with this title, the Hualapai
Tribe water rights settlement agreement is authorized,
ratified, and confirmed.
(2) Amendments.--If an amendment to the Hualapai Tribe
water rights settlement agreement, or to any exhibit attached
to the Hualapai Tribe water rights settlement agreement
requiring the signature of the Secretary, is executed in
accordance with this title to make the Hualapai Tribe water
rights settlement agreement consistent with this title, the
amendment is authorized, ratified, and confirmed, to the
extent the amendment is consistent with this title.
(b) Execution.--
(1) In general.--To the extent the Hualapai Tribe water
rights settlement agreement does not conflict with this
title, the Secretary shall execute the Hualapai Tribe water
rights settlement agreement, including all exhibits to, or
parts of, the Hualapai Tribe water rights settlement
agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this title prohibits the
Secretary from approving any modification to an appendix or
exhibit to the Hualapai Tribe water rights settlement
agreement that is consistent with this title, to the extent
the modification does not otherwise require congressional
approval under section 2116 of the Revised Statutes (25
U.S.C. 177) or any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Hualapai Tribe water
rights settlement agreement (including all exhibits to the
Hualapai Tribe water rights settlement agreement requiring
the signature of the Secretary) and this title, the Secretary
shall comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
[[Page H7451]]
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Hualapai Tribe water
rights settlement agreement and this title, the Hualapai
Tribe shall prepare any necessary environmental documents,
consistent with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(iii) all other applicable Federal environmental laws and
regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation submitted
under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and contents
of that documentation.
(3) Effect of execution.--The execution of the Hualapai
Tribe water rights settlement agreement by the Secretary
under this section shall not constitute a major action for
purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
SEC. 505. WATER RIGHTS.
(a) Water Rights to Be Held in Trust.--
(1) Hualapai tribe.--The United States shall hold the
following water rights in trust for the benefit of the
Hualapai Tribe:
(A) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(B) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights
settlement agreement.
(C) The water rights described in section 512(e)(2) for any
land taken into trust by the United States for the benefit of
the Hualapai Tribe--
(i) after the Enforceability Date; and
(ii) in accordance with section 512(e)(1).
(D) All Hualapai Tribe CAP water.
(2) Allottees.--The United States shall hold in trust for
the benefit of the allottees all water rights for the
allotments described in subparagraph 4.3.2 of the Hualapai
Tribe water rights settlement agreement.
(b) Forfeiture and Abandonment.--The following water rights
shall not be subject to loss through non-use, forfeiture,
abandonment, or other operation of law:
(1) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(2) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights
settlement agreement.
(3) Any Colorado River water entitlement purchased by the
Hualapai Tribe wholly or substantially with amounts in the
Economic Development Fund described in section 8.1 of the
Amended and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement.
(c) Alienation.--Any Colorado River water entitlement
purchased by the Hualapai Tribe wholly or substantially with
amounts in the Economic Development Fund described in section
8.1 of the Amended and Restated Hualapai Tribe Bill Williams
River Water Rights Settlement Agreement shall be restricted
against permanent alienation by the Hualapai Tribe.
(d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall
have the right to divert, use, and store the Hualapai Tribe
CAP water in accordance with section 513.
(e) Colorado River Water Entitlements.--
(1) Uses.--The Hualapai Tribe shall have the right to use
any Colorado River water entitlement purchased by or donated
to the Hualapai Tribe at the location to which the
entitlement is appurtenant on the date on which the
entitlement is purchased or donated.
(2) Storage.--
(A) In general.--Subject to paragraphs (3) and (5), the
Hualapai Tribe may store Colorado River water available under
any Colorado River water entitlement purchased by or donated
to the Hualapai Tribe at underground storage facilities or
groundwater savings facilities located within the State and
in accordance with State law.
(B) Assignments.--The Hualapai Tribe may assign any long-
term storage credits accrued as a result of storage under
subparagraph (A) in accordance with State law.
(3) Transfers.--The Hualapai Tribe may transfer the
entitlement for use or storage under paragraph (1) or (2),
respectively, to another location within the State, including
the Hualapai Reservation, in accordance with the Hualapai
Tribe water rights settlement agreement and all applicable
Federal and State laws governing the transfer of Colorado
River water entitlements within the State.
(4) Leases.--The Hualapai Tribe may lease any Colorado
River water entitlement for use or storage under paragraph
(1) or (2), respectively, to a water user within the State,
in accordance with the Hualapai Tribe water rights settlement
agreement and all applicable Federal and State laws governing
the transfer of Colorado River water entitlements within the
State.
(5) Transports.--The Hualapai Tribe, or any person who
leases a Colorado River water entitlement from the Hualapai
Tribe under paragraph (4), may transport Colorado River water
available under the Colorado River water entitlement through
the Central Arizona Project in accordance with all laws of
the United States and the agreements between the United
States and the Central Arizona Water Conservation District
governing the use of the Central Arizona Project to transport
water other than CAP water.
(f) Use Off-reservation.--No water rights to groundwater
under the Hualapai Reservation or Hualapai trust land, or to
surface water on the Hualapai Reservation or Hualapai trust
land, may be sold, leased, transferred, or used outside the
boundaries of the Hualapai Reservation or Hualapai trust
land, other than under an exchange.
(g) Groundwater Transportation.--
(1) Fee land.--Groundwater may be transported in accordance
with State law away from Hualapai fee land and away from land
acquired in fee by the Hualapai Tribe, including by a
tribally owned corporation, after the Enforceability Date.
(2) Land added to hualapai reservation.--Groundwater may be
transported in accordance with State law away from land added
to the Hualapai Reservation by sections 511 and 512 to other
land within the Hualapai Reservation.
SEC. 506. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF
HUALAPAI WATER PROJECT; FUNDING.
(a) Hualapai Water Trust Fund Account.--
(1) Establishment.--The Secretary shall establish a trust
fund account, to be known as the ``Hualapai Water Trust Fund
Account'', to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury, consisting
of the amounts deposited in the Hualapai Water Trust Fund
Account under paragraph (2), together with any interest
earned on those amounts, for the purposes of carrying out
this title.
(2) Deposits.--The Secretary shall deposit in the Hualapai
Water Trust Fund Account the amounts made available pursuant
to section 507(a)(1).
(3) Management and interest.--
(A) Management.--On receipt and deposit of funds into the
Hualapai Water Trust Fund Account, the Secretary shall
manage, invest, and distribute all amounts in the Hualapai
Water Trust Fund Account in a manner that is consistent with
the investment authority of the Secretary under--
(i) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(ii) the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.); and
(iii) this subsection.
(B) Investment earnings.--In addition to the deposits made
to the Hualapai Water Trust Fund Account under paragraph (2),
any investment earnings, including interest, credited to
amounts held in the Hualapai Water Trust Fund Account are
authorized to be used in accordance with paragraph (7).
(4) Availability of amounts.--
(A) In general.--Amounts appropriated to, and deposited in,
the Hualapai Water Trust Fund Account, including any
investment earnings, shall be made available to the Hualapai
Tribe by the Secretary beginning on the Enforceability Date,
subject to the requirements of this section.
(B) Use.--Notwithstanding subparagraph (A), amounts
deposited in the Hualapai Water Trust Fund Account shall be
available to the Hualapai Tribe on the date on which the
amounts are deposited for environmental compliance, as
provided in section 508.
(5) Withdrawals.--
(A) Withdrawals under the american indian trust fund
management reform act of 1994.--
(i) In general.--The Hualapai Tribe may withdraw any
portion of the amounts in the Hualapai Water Trust Fund
Account on approval by the Secretary of a Tribal management
plan submitted by the Tribe in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(ii) Requirements.--In addition to the requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), the Tribal management plan under
this subparagraph shall require that the Hualapai Tribe spend
all amounts withdrawn from the Hualapai Water Trust Fund
Account and any investment earnings accrued through the
investments under the Tribal management plan in accordance
with this title.
(iii) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal management
plan under this subparagraph to ensure that amounts withdrawn
by the Hualapai Tribe from the Hualapai Water Trust Fund
Account under clause (i) are used in accordance with this
title.
(B) Withdrawals under expenditure plan.--
(i) In general.--The Hualapai Tribe may submit to the
Secretary a request to withdraw funds from the Hualapai Water
Trust Fund Account pursuant to an approved expenditure plan.
(ii) Requirements.--To be eligible to withdraw amounts
under an expenditure plan under this subparagraph, the
Hualapai Tribe shall submit to the Secretary an expenditure
plan for any portion of the Hualapai Water Trust Fund Account
that the Hualapai Tribe elects to withdraw pursuant to this
subparagraph, subject to the condition that the amounts shall
be used for the purposes described in this title.
(iii) Inclusions.--An expenditure plan under this
subparagraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn from
the Hualapai Water Trust Fund Account will be used by the
Hualapai Tribe, in accordance with paragraph (7).
(iv) Approval.--The Secretary shall approve an expenditure
plan submitted under clause (ii) if the Secretary determines
that the plan--
(I) is reasonable; and
(II) is consistent with, and will be used for, the purposes
of this title.
[[Page H7452]]
(v) Enforcement.--The Secretary may carry out such judicial
and administrative actions as the Secretary determines to be
necessary to enforce an expenditure plan to ensure that
amounts disbursed under this subparagraph are used in
accordance with this title.
(6) Effect of title.--Nothing in this section gives the
Hualapai Tribe the right to judicial review of a
determination of the Secretary relating to whether to approve
a Tribal management plan under paragraph (5)(A) or an
expenditure plan under paragraph (5)(B) except under
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(7) Uses.--Amounts from the Hualapai Water Trust Fund
Account shall be used by the Hualapai Tribe--
(A) to plan, design, construct, and conduct related
activities, including compliance with Federal environmental
laws under section 508, the Hualapai Water Project, which
shall be designed to divert, treat, and convey up to 3,414
AFY of water from the Colorado River in the lower basin in
the State, including locations on or directly adjacent to the
Hualapai Reservation, for municipal, commercial, and
industrial uses on the Hualapai Reservation;
(B) to perform OM&R on the Hualapai Water Project;
(C) to construct facilities to transport electrical power
to pump water for the Hualapai Water Project;
(D) to construct, repair, and replace such infrastructure
as may be necessary for groundwater wells on the Hualapai
Reservation and to construct infrastructure for delivery and
use of such groundwater on the Hualapai Reservation;
(E) to acquire land, interests in land, and water rights
outside the exterior boundaries of the Hualapai Reservation
that are located in the Truxton Basin;
(F) to reimburse the Hualapai Tribe for any--
(i) planning, design, and engineering costs associated with
the Hualapai Water Project that the Hualapai Tribe incurs
using Tribal funds during the period--
(I) beginning on the date of the enactment of this title;
and
(II) ending on the Enforceability Date; and
(ii) construction costs associated with the Hualapai Water
Project that the Hualapai Tribe incurs using Tribal funds
during the period--
(I) beginning on the date on which the Secretary issues a
record of decision; and
(II) ending on the Enforceability Date; and
(G) to make contributions to the Economic Development Fund
described in section 8.1 of the Amended and Restated Hualapai
Tribe Bill Williams River Water Rights Settlement Agreement
for the purpose of purchasing additional Colorado River water
entitlements and appurtenant land.
(8) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Hualapai Water
Trust Fund Account by the Hualapai Tribe under paragraph (5).
(9) Title to infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Hualapai Water Trust Fund Account shall remain in the
Hualapai Tribe.
(10) Om&r.--All OM&R costs of any project constructed using
funds from the Hualapai Water Trust Fund Account shall be the
responsibility of the Hualapai Tribe.
(11) No per capita distributions.--No portion of the
Hualapai Water Trust Fund Account shall be distributed on a
per capita basis to any member of the Hualapai Tribe.
(12) Expenditure reports.--The Hualapai Tribe shall
annually submit to the Secretary an expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure
plan under this title.
(b) Hualapai Water Settlement Implementation Fund
Account.--
(1) Establishment.--There is established in the Treasury of
the United States a nontrust, interest-bearing account, to be
known as the ``Hualapai Water Settlement Implementation Fund
Account'' (referred to in this subsection as the
``Implementation Fund Account'') to be managed and
distributed by the Secretary, for use by the Secretary for
carrying out this title.
(2) Deposits.--The Secretary shall deposit in the
Implementation Fund Account the amounts made available
pursuant to section 507(a)(2).
(3) Uses.--The Implementation Fund Account shall be used by
the Secretary to carry out section 515(c), including for
groundwater monitoring in the Truxton Basin.
(4) Interest.--In addition to the deposits under paragraph
(2), any investment earnings, including interest, credited to
amounts unexpended in the Implementation Fund Account are
authorized to be appropriated to be used in accordance with
paragraph (3).
SEC. 507. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations.--
(1) Hualapai water trust fund account.--There is authorized
to be appropriated to the Secretary for deposit in the
Hualapai Water Trust Fund Account $180,000,000, to be
available until expended, withdrawn, or reverted to the
general fund of the Treasury.
(2) Hualapai water settlement implementation fund
account.--There is authorized to be appropriated to the
Secretary for deposit in the Hualapai Water Settlement
Implementation Fund account established by section 506(b)(1)
$5,000,000.
(3) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (1) or (2)
shall not be made available from the Reclamation Water
Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
until 2034.
(b) Fluctuation in Costs.--
(1) In general.--The amount authorized to be appropriated
under subsection (a)(1) shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason of
ordinary fluctuations in costs occurring after the date of
the enactment of this title, as indicated by the Bureau of
Reclamation Construction Cost Index--Composite Trend.
(2) Construction costs adjustment.--The amount authorized
to be appropriated under subsection (a)(1) shall be adjusted
to address construction cost changes necessary to account for
unforeseen market volatility that may not otherwise be
captured by engineering cost indices as determined by the
Secretary, including repricing applicable to the types of
construction and current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
(4) Period of indexing.--The period of indexing adjustment
for any increment of funding shall end on the date on which
the funds are deposited in the Hualapai Water Trust Fund
Account.
SEC. 508. ENVIRONMENTAL COMPLIANCE.
(a) In General.--Effective beginning on the date of deposit
of funds in the Hualapai Water Trust Fund Account, the
Hualapai Tribe may commence any environmental, cultural, and
historical compliance activities necessary to implement the
Hualapai Tribe water rights settlement agreement and this
title, including activities necessary to comply with all
applicable provisions of--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations
of that Act; and
(3) all other applicable Federal environmental or
historical and cultural protection laws and regulations.
(b) No Effect on Outcome.--Nothing in this title affects or
directs the outcome of any analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or
any other applicable Federal environmental or historical and
cultural protection law.
(c) Compliance Costs.--Any costs associated with the
performance of the compliance activities under subsection (a)
shall be paid from funds deposited in the Hualapai Water
Trust Fund Account, subject to the condition that any costs
associated with the performance of Federal approval or other
review of such compliance work or costs associated with
inherently Federal functions shall remain the responsibility
of the Secretary.
(d) Record of Decision.--Construction of the Hualapai Water
Project shall not commence until the Secretary issues a
record of decision after completion of an environmental
impact statement for the Hualapai Water Project.
(e) Construction Costs.--Any costs of construction incurred
by the Hualapai Tribe during the period beginning on the date
on which the Secretary issues a record of decision and ending
on the Enforceability Date shall be paid by the Hualapai
Tribe and not from funds deposited in the Hualapai Water
Trust Fund Account, subject to the condition that, pursuant
to section 506(a)(7)(F), the Hualapai Tribe may be reimbursed
after the Enforceability Date from the Hualapai Water Trust
Fund Account for any such costs of construction incurred by
the Hualapai Tribe prior to the Enforceability Date.
SEC. 509. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Waivers and Releases of Claims by the Hualapai Tribe.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph (C),
the Hualapai Tribe, on behalf of the Hualapai Tribe and the
members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) and the United States,
acting as trustee for the Hualapai Tribe and the members of
the Hualapai Tribe (but not members in the capacity of the
members as allottees), as part of the performance of the
respective obligations of the Hualapai Tribe and the United
States under the Hualapai Tribe water rights settlement
agreement and this title, are authorized to execute a waiver
and release of any claims against the State (or any agency or
political subdivision of the State) and any other individual,
entity, corporation, or municipal corporation under Federal,
State, or other law for all--
(i) past, present, and future claims for water rights,
including rights to Colorado River water, for Hualapai land,
arising from time immemorial and, thereafter, forever;
(ii) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and, thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai Tribe, the
predecessors of the Hualapai Tribe, the members of the
Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(iii) past and present claims for injury to water rights,
including injury to rights to Colorado River water, for
Hualapai land, arising from time immemorial through the
Enforceability Date;
(iv) past, present, and future claims for injury to water
rights, including injury to rights to Colorado River water,
arising from time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe, the members of
the Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(v) claims for injury to water rights, including injury to
rights to Colorado River water, arising
[[Page H7453]]
after the Enforceability Date, for Hualapai land, resulting
from the off-reservation diversion or use of surface water,
Colorado River water, or effluent in a manner not in
violation of the Hualapai Tribe water rights settlement
agreement or State law;
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
title;
(vii) claims for water rights of the Hualapai Tribe or the
United States, acting as trustee for the Hualapai Tribe and
members of the Hualapai Tribe, with respect to Parcel 3, in
excess of 300 AFY;
(viii) claims for injury to water rights arising after the
Enforceability Date for Hualapai land resulting from the off-
reservation diversion or use of groundwater from--
(I) any well constructed outside of the Truxton Basin on or
before the date of the enactment of this title;
(II) any well constructed outside of the Truxton Basin, and
not more than 2 miles from the exterior boundaries of the
Hualapai Reservation, after the date of the enactment of this
title if--
(aa) the well was constructed to replace a well in
existence on the date of the enactment of this title;
(bb) the replacement well was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced; or
(III) any well constructed outside the Truxton Basin, and
not less than 2 miles from the exterior boundaries of the
Hualapai Reservation, after the date of the enactment of this
title, subject to the condition that the authorizations and
restrictions regarding the location, size, and operation of
wells in the Bill Williams River watershed set forth in the
Bill Williams agreements and the Bill Williams Act, and the
waivers of claims in the Bill Williams agreements and the
Bill Williams Act, shall continue to apply to the parties to
the Bill Williams agreements, notwithstanding the provisions
of this subsection; and
(ix) claims for injury to water rights arising after the
Enforceability Date, for Hualapai land, resulting from the
off-reservation diversion or use of groundwater in the
Truxton Basin from--
(I) any well constructed within the Truxton Basin for
domestic purposes or stock watering--
(aa) on or before the date on which the Secretary provides
written notice to the State pursuant to section 515(c)(2); or
(bb) after the date on which the Secretary provides written
notice to the State pursuant to that section if--
(AA) the well was constructed to replace a well in
existence on the date on which the notice was provided;
(BB) the replacement well was constructed within 660 feet
of the well being replaced; and
(CC) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced; and
(II) any well constructed within the Truxton Basin for
purposes other than domestic purposes or stock watering--
(aa) on or before the date of the enactment of this title;
(bb) after the date of the enactment of this title if the
Secretary has not provided written notice to the State
pursuant to section 515(c)(2); or
(cc) after the date of the enactment of this title if the
Secretary has provided written notice to the State pursuant
to section 515(c)(2) and if--
(AA) the well was constructed to replace a well in
existence on the on which date the notice was provided;
(BB) the replacement well was constructed within 660 feet
of the well being replaced; and
(CC) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced.
(B) Effective date.--The waiver and release of claims
described in subparagraph (A) shall take effect on the
Enforceability Date.
(C) Reservation of rights and retention of claims.--
Notwithstanding the waiver and release of claims described in
subparagraph (A), the Hualapai Tribe, acting on behalf of the
Hualapai Tribe and the members of the Hualapai Tribe, and the
United States, acting as trustee for the Hualapai Tribe and
the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees), shall retain any
right--
(i) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement or this title in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and seek enforcement
of, the rights of the Hualapai Tribe under any judgment or
decree approving or incorporating the Hualapai Tribe water
rights settlement agreement;
(iii) to assert claims for water rights based on State law
for land owned or acquired by the Hualapai Tribe in fee,
under subparagraph 4.8 of the Hualapai Tribe water rights
settlement agreement;
(iv) to object to any claims for water rights or injury to
water rights by or for any Indian Tribe or the United States,
acting on behalf of any Indian Tribe;
(v) to assert past, present, or future claims for injury to
water rights against any Indian Tribe or the United States,
acting on behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and seek enforcement
of, the rights of the Hualapai Tribe under the Bill Williams
agreements or the Bill Williams Act in any Federal or State
court of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and (5) of
section 505(e), to assert the rights of the Hualapai Tribe
under any Colorado River water entitlement purchased by or
donated to the Hualapai Tribe; and
(viii) to assert claims for injury to water rights arising
after the Enforceability Date for Hualapai land resulting
from any off-reservation diversion or use of groundwater,
without regard to quantity, from--
(I) any well constructed after the date of the enactment of
this Act outside of the Truxton Basin and not more than 2
miles from the exterior boundaries of the Hualapai
Reservation, except a replacement well described in
subparagraph (A)(viii)(II), subject to the authorizations and
restrictions regarding the location, size, and operation of
wells in the Bill Williams River watershed, and the waivers
of claims, set forth in the Bill Williams agreements and the
Bill Williams Act;
(II) any well constructed within the Truxton Basin for
domestic purposes or stock watering after the date on which
the Secretary has provided written notice to the State
pursuant to section 515(c)(2), except for a replacement well
described in subparagraph (A)(ix)(I)(bb); and
(III) any well constructed within the Truxton Basin for
purposes other than domestic purposes or stock watering after
the date of the enactment of this Act, if the Secretary has
provided notice to the State pursuant to section 515(c)(2),
except for a replacement well as described in subparagraph
(A)(ix)(II)(cc).
(2) Claims against united states.--
(A) In general.--Except as provided in subparagraph (C),
the Hualapai Tribe, acting on behalf of the Hualapai Tribe
and the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) as part of the
performance of the obligations of the Hualapai Tribe under
the Hualapai Tribe water rights settlement agreement and this
title, is authorized to execute a waiver and release of all
claims against the United States, including agencies,
officials, and employees of the United States, under Federal,
State, or other law for all--
(i) past, present, and future claims for water rights,
including rights to Colorado River water, for Hualapai land,
arising from time immemorial and, thereafter, forever;
(ii) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and, thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai Tribe, the
predecessors of the Hualapai Tribe, the members of the
Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(iii) past and present claims relating in any manner to
damages, losses, or injury to water rights (including injury
to rights to Colorado River water), land, or other resources
due to loss of water or water rights (including damages,
losses, or injuries to hunting, fishing, gathering, or
cultural rights due to loss of water or water rights, claims
relating to interference with, diversion, or taking of water,
or claims relating to the failure to protect, acquire, or
develop water, water rights, or water infrastructure) within
the State that first accrued at any time prior to the
Enforceability Date;
(iv) past and present claims for injury to water rights,
including injury to rights to Colorado River water, for
Hualapai land, arising from time immemorial through the
Enforceability Date;
(v) past, present, and future claims for injury to water
rights, including injury to rights to Colorado River water,
arising from time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe, the members of
the Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(vi) claims for injury to water rights, including injury to
rights to Colorado River water, arising after the
Enforceability Date for Hualapai land, resulting from the
off-reservation diversion or use of surface water, Colorado
River water, or effluent in a manner not in violation of the
Hualapai Tribe water rights settlement agreement or State
law;
(vii) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
title;
(viii) claims for injury to water rights arising after the
Enforceability Date for Hualapai land resulting from the off-
Reservation diversion or use of groundwater from--
(I) any well constructed on public domain land outside of
the Truxton Basin on or before the date of the enactment of
this title;
(II) any well constructed on public domain land outside of
the Truxton Basin, and not more than 2 miles from the
exterior boundaries of the Hualapai Reservation, after the
date of the enactment of this title if--
(aa) the well was constructed to replace a well in
existence on the date of the enactment of this title;
(bb) the replacement well was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced; or
(III) any well constructed on public domain land outside of
the Truxton Basin, and not less than 2 miles from the
exterior boundaries of the Hualapai Reservation, after the
date of the enactment of this Act, subject to the condition
that
[[Page H7454]]
the authorizations and restrictions regarding the location,
size, and operation of wells in the Bill Williams River
watershed set forth in the Bill Williams agreements and the
Bill Williams Act, and the waivers of claims in the Bill
Williams agreements and the Bill Williams Act, shall continue
to apply to the parties to the Bill Williams agreements,
notwithstanding the provisions of this subsection; and
(ix) claims for injury to water rights arising after the
Enforceability Date for Hualapai land resulting from the off-
reservation diversion or use of groundwater in the Truxton
Basin from--
(I) any well constructed on public domain land within the
Truxton Basin for domestic purposes or stock watering--
(aa) on or before the date on which the Secretary provides
written notice to the State pursuant to section 515(c)(2); or
(bb) after the date on which the Secretary provides written
notice to the State pursuant to that section if--
(AA) the well was constructed to replace a well in
existence on the date on which the notice was provided;
(BB) the replacement well was constructed within 660 feet
of the well being replaced; and
(CC) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced; and
(II) any well constructed on public domain land within the
Truxton Basin for purposes other than domestic purposes or
stock watering--
(aa) on or before the date of the enactment of this title;
(bb) after the date of the enactment of this title if the
Secretary has not provided written notice to the State
pursuant to section 515(c)(2); or
(cc) after the date of the enactment of this title if the
Secretary has provided written notice to the State pursuant
to section 515(c)(2) and if--
(AA) the well was constructed to replace a well in
existence on the date on which the notice was provided;
(BB) the replacement well was constructed within 660 feet
of the well being replaced; and
(CC) the pumping capacity and case diameter of the
replacement well do not exceed the pumping capacity and case
diameter of the well being replaced.
(B) Effective date.--The waiver and release of claims
described in subparagraph (A) shall take effect on the
Enforceability Date.
(C) Retention of claims.--Notwithstanding the waiver and
release of claims described in subparagraph (A), the Hualapai
Tribe and the members of the Hualapai Tribe (but not members
in the capacity of the members as allottees) shall retain any
right--
(i) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement or this title in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and seek enforcement
of, the rights of the Hualapai Tribe under any judgment or
decree approving or incorporating the Hualapai Tribe water
rights settlement agreement;
(iii) to assert claims for water rights based on State law
for land owned or acquired by the Hualapai Tribe in fee under
subparagraph 4.8 of the Hualapai Tribe water rights
settlement agreement;
(iv) to object to any claims for water rights or injury to
water rights by or for any Indian Tribe or the United States,
acting on behalf of any Indian Tribe;
(v) to assert past, present, or future claims for injury to
water rights against any Indian Tribe or the United States,
acting on behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and seek enforcement
of, the rights of the Hualapai Tribe under the Bill Williams
agreements or the Bill Williams Act in any Federal or State
court of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and (5) of
section 505(e), to assert the rights of the Hualapai Tribe
under any Colorado River water entitlement purchased by or
donated to the Hualapai Tribe; and
(viii) to assert any claims for injury to water rights
arising after the Enforceability Date for Hualapai land
resulting from any off-reservation diversion or use of
groundwater, without regard to quantity, from--
(I) any well constructed after the date of the enactment of
this title on public domain land outside of the Truxton Basin
and not more than 2 miles from the exterior boundaries of the
Hualapai Reservation, except for a replacement well described
in subparagraph (A)(viii)(II), subject to the authorizations
and restrictions regarding the location, size, and operation
of wells in the Bill Williams River watershed, and the
waivers of claims, set forth in the Bill Williams agreements
and the Bill Williams Act;
(II) any well constructed on public domain land within the
Truxton Basin for domestic purposes or stock watering after
the date on which the Secretary has provided written notice
to the State pursuant to section 515(c)(2), except for a
replacement well described in subparagraph (A)(ix)(I)(bb);
and
(III) any well constructed on public domain land within the
Truxton Basin for purposes other than domestic purposes or
stock watering after the date of the enactment of this title,
if the Secretary has provided notice to the State pursuant to
section 515(c)(2), except for a replacement well as described
in subparagraph (A)(ix)(II)(cc).
(b) Waivers and Releases of Claims by United States, Acting
as Trustee for Allottees.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees of the
Hualapai Tribe, as part of the performance of the obligations
of the United States under the Hualapai Tribe water rights
settlement agreement and this title, is authorized to execute
a waiver and release of any claims against the State (or any
agency or political subdivision of the State), the Hualapai
Tribe, and any other individual, entity, corporation, or
municipal corporation under Federal, State, or other law, for
all--
(A) past, present, and future claims for water rights,
including rights to Colorado River water, for the allotments,
arising thereafter, forever, that are based on the aboriginal
occupancy of land by the allottees or predecessors of the
allottees from time immemorial and, thereafter, forever;
(B) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and,
(C) past and present claims for injury to water rights,
including injury to rights to Colorado River water, for the
allotments, arising from time immemorial through the
Enforceability Date;
(D) past, present, and future claims for injury to water
rights, if any, including injury to rights to Colorado River
water, arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by the
allottees or predecessors of the allottees;
(E) claims for injury to water rights, including injury to
rights to Colorado River water, arising after the
Enforceability Date, for the allotments, resulting from the
off-reservation diversion or use of water in a manner not in
violation of the Hualapai Tribe water rights settlement
agreement or State law;
(F) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
title; and
(G) claims for any water rights of the allottees or the
United States acting as trustee for the allottees with
respect to--
(i) Parcel 1, in excess of 82 AFY; or
(ii) Parcel 2, in excess of 312 AFY.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United
States, acting as trustee for the allottees of the Hualapai
Tribe, shall retain any right--
(A) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
allottees, if any, under the Hualapai Tribe water rights
settlement agreement or this title in any Federal or State
court of competent jurisdiction;
(B) to assert claims for injuries to, and seek enforcement
of, the rights of the allottees under any judgment or decree
approving or incorporating the Hualapai Tribe water rights
settlement agreement;
(C) to object to any claims for water rights or injury to
water rights by or for--
(i) any Indian Tribe other than the Hualapai Tribe; or
(ii) the United States, acting on behalf of any Indian
Tribe other than the Hualapai Tribe;
(D) to assert past, present, or future claims for injury to
water rights against--
(i) any Indian Tribe other than the Hualapai Tribe; or
(ii) the United States, acting on behalf of any Indian
Tribe other than the Hualapai Tribe; and
(E) to assert claims for injuries to, and seek enforcement
of, the rights of the allottees under the Bill Williams
agreements or the Bill Williams Act in any Federal or State
court of competent jurisdiction.
(c) Waiver and Release of Claims by United States Against
Hualapai Tribe.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an
Indian Tribe other than the Hualapai Tribe), as part of the
performance of the obligations of the United States under the
Hualapai Tribe water rights settlement agreement and this
title, is authorized to execute a waiver and release of all
claims against the Hualapai Tribe, the members of the
Hualapai Tribe, or any agency, official, or employee of the
Hualapai Tribe, under Federal, State or any other law for
all--
(A) past and present claims for injury to water rights,
including injury to rights to Colorado River water, resulting
from the diversion or use of water on Hualapai land arising
from time immemorial through the Enforceability Date;
(B) claims for injury to water rights, including injury to
rights to Colorado River water, arising after the
Enforceability Date, resulting from the diversion or use of
water on Hualapai land in a manner that is not in violation
of the Hualapai Tribe water rights settlement agreement or
State law; and
(C) past, present, and future claims arising out of, or
related in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
title.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United
States shall retain any right to assert any claim not
expressly waived in accordance with that paragraph, including
any right to assert a claim for injury to,
[[Page H7455]]
and seek enforcement of, any right of the United States under
the Bill Williams agreements or the Bill Williams Act, in any
Federal or State court of competent jurisdiction.
(d) Bill Williams River Phase 2 Water Rights Settlement
Agreement Waiver, Release, and Retention of Claims.--
(1) Claims against freeport.--
(A) In general.--Except as provided in subparagraph (C),
the United States, acting solely on behalf of the Department
of the Interior (including the Bureau of Land Management and
the United States Fish and Wildlife Service), as part of the
performance of the obligations of the United States under the
Bill Williams River phase 2 water rights settlement
agreement, is authorized to execute a waiver and release of
all claims of the United States against Freeport under
Federal, State, or any other law for--
(i) any past or present claim for injury to water rights
resulting from--
(I) the diversion or use of water by Freeport pursuant to
the water rights described in Exhibit 4.1(ii) to the Bill
Williams River phase 2 water rights settlement agreement; and
(II) any other diversion or use of water for mining
purposes authorized by the Bill Williams River phase 2 water
rights settlement agreement;
(ii) any claim for injury to water rights arising after the
Bill Williams River Phase 2 Enforceability Date resulting
from--
(I) the diversion or use of water by Freeport pursuant to
the water rights described in Exhibit 4.1(ii) to the Bill
Williams River phase 2 water rights settlement agreement in a
manner not in violation of the Bill Williams River phase 2
water rights settlement agreement;
(II) the diversion of up to 2,500 AFY of water by Freeport
from Sycamore Creek as permitted by section 4.3(iv) of the
Bill Williams River phase 2 water rights settlement
agreement; and
(III) any other diversion or use of water by Freeport
authorized by the Bill Williams River phase 2 water rights
settlement agreement, subject to the condition that such a
diversion and use of water is conducted in a manner not in
violation of the Bill Williams River phase 2 water rights
settlement agreement; and
(iii) any past, present, or future claim arising out of, or
relating in any manner to, the negotiation or execution of
the Bill Williams River phase 2 water rights settlement
agreement, the Hualapai Tribe water rights settlement
agreement, or this title.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall take effect on the Bill Williams River
Phase 2 Enforceability Date.
(C) Retention of claims.--The United States shall retain
all rights not expressly waived in the waiver and release of
claims under subparagraph (A), including, subject to section
6.4 of the Bill Williams River phase 2 water rights
settlement agreement, the right to assert a claim for injury
to, and seek enforcement of, the Bill Williams River phase 2
water rights settlement agreement or this title, in any
Federal or State court of competent jurisdiction (but not a
Tribal court).
(2) No precedential effect.--
(A) Pending and future proceedings.--The Bill Williams
River phase 2 water rights settlement agreement shall have no
precedential effect in any other administrative or judicial
proceeding, including--
(i) any pending or future general stream adjudication, or
any other litigation involving Freeport or the United States,
including any proceeding to establish or quantify a Federal
reserved water right;
(ii) any pending or future administrative or judicial
proceeding relating to an application--
(I) to appropriate water (for instream flow or other
purposes);
(II) to sever and transfer a water right;
(III) to change a point of diversion; or
(IV) to change a place of use for any water right; and
(iii) any proceeding regarding water rights or a claim
relating to any Federal land.
(B) No methodology or standard.--Nothing in the Bill
Williams River phase 2 water rights settlement agreement
establishes any standard or methodology to be used for the
quantification of any claim to water rights (whether based on
Federal or State law) in any judicial or administrative
proceeding, other than a proceeding to enforce the terms of
the Bill Williams River phase 2 water rights settlement
agreement.
SEC. 510. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Hualapai Tribe and Members.--
(1) In general.--The benefits realized by the Hualapai
Tribe and the members of the Hualapai Tribe (but not members
in the capacity of the members as allottees) under the
Hualapai Tribe water rights settlement agreement, this title,
the Bill Williams agreements, and the Bill Williams Act shall
be in full satisfaction of all claims of the Hualapai Tribe,
the members of the Hualapai Tribe, and the United States,
acting in the capacity of the United States as trustee for
the Hualapai Tribe and the members of the Hualapai Tribe, for
water rights and injury to water rights under Federal, State,
or other law with respect to Hualapai land.
(2) Satisfaction.--Any entitlement to water of the Hualapai
Tribe and the members of the Hualapai Tribe (but not members
in the capacity of the members as allottees) or the United
States, acting in the capacity of the United States as
trustee for the Hualapai Tribe and the members of the
Hualapai Tribe (but not members in the capacity of the
members as allottees), for Hualapai land shall be satisfied
out of the water resources and other benefits granted,
confirmed, quantified, or recognized by the Hualapai Tribe
water rights settlement agreement, this title, the Bill
Williams agreements, and the Bill Williams Act to or for the
Hualapai Tribe, the members of the Hualapai Tribe (but not
members in the capacity of the members as allottees), and the
United States, acting in the capacity of the United States as
trustee for the Hualapai Tribe and the members of the
Hualapai Tribe (but not members in the capacity of the
members as allottees).
(b) Allottee Water Claims.--
(1) In general.--The benefits realized by the allottees of
the Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement, this title, the Bill Williams
agreements, and the Bill Williams Act shall be in complete
replacement of and substitution for, and full satisfaction
of, all claims with respect to allotments of the allottees
and the United States, acting in the capacity of the United
States as trustee for the allottees, for water rights and
injury to water rights under Federal, State, or other law.
(2) Satisfaction.--Any entitlement to water of the
allottees or the United States, acting in the capacity of the
United States as trustee for the allottees, for allotments
shall be satisfied out of the water resources and other
benefits granted, confirmed, or recognized by the Hualapai
Tribe water rights settlement agreement, this title, the Bill
Williams agreements, and the Bill Williams Act to or for the
allottees and the United States, acting as trustee for the
allottees.
(c) Effect.--Notwithstanding subsections (a) and (b),
nothing in this title or the Hualapai Tribe water rights
settlement agreement--
(1) recognizes or establishes any right of a member of the
Hualapai Tribe or an allottee to water on Hualapai land; or
(2) prohibits the Hualapai Tribe or an allottee from
acquiring additional water rights by purchase of land,
credits, or water rights.
SEC. 511. LAND ADDED TO HUALAPAI RESERVATION.
The following land in the State is added to the Hualapai
Reservation:
(1) Public law 93-560.--The land held in trust by the
United States for the Hualapai Tribe pursuant to the first
section of Public Law 93-560 (88 Stat. 1820).
(2) 1947 judgment.--The land deeded to the United States in
the capacity of the United States as trustee for the Hualapai
Tribe pursuant to the 1947 judgment.
(3) Truxton triangle.--That portion of the S1/2 sec. 3,
lying south of the south boundary of the Hualapai Reservation
and north of the north right-of-way boundary of Arizona
Highway 66, and bounded by the west section line of that sec.
3 and the south section line of that sec. 3, T. 24 N., R. 12
W., Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(4) Hunt parcel 4.--SW1/4NE1/4 sec. 7, T. 25 N., R. 13 W.,
Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) NE1/4SW1/4 sec. 9; and
(B) NW1/4SE1/4 sec. 27.
(6) Hunt parcel 3.--SW1/4NE1/4 sec. 25, T. 27 N., R. 15 W.,
Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) SE1/4;
(B) E1/2 SW1/4; and
(C) SW1/4 SW1/4.
(8) Valentine cemetery parcel.--W1/2 NW1/4 SW1/4 sec. 22,
T. 23 N., R. 13 W., Gila and Salt River Base and Meridian,
Mohave County, Arizona, excepting and reserving to the United
States a right-of-way for ditches or canals constructed by
the authority of the United States, pursuant to the Act of
August 30, 1890 (43 U.S.C. 945).
SEC. 512. TRUST LAND.
(a) Land to Be Taken Into Trust.--
(1) In general.--On the date of the enactment of this Act,
the Secretary is authorized and directed to take legal title
to the land described in paragraph (2) and hold such land in
trust for the benefit of the Hualapai Tribe.
(2) Cholla canyon ranch parcels.--The land referred to in
paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River
Base and Meridian, Mohave County, Arizona--
(A) SW1/4 sec. 25; and
(B) NE1/4 and NE1/4 SE1/4 sec. 35.
(b) Reservation Status.--The land taken into trust under
subsection (a) shall be part of the Hualapai Reservation and
administered in accordance with the laws and regulations
generally applicable to land held in trust by the United
States for an Indian Tribe.
(c) Valid Existing Rights.--The land taken into trust under
subsection (a) shall be subject to valid existing rights,
including easements, rights-of-way, contracts, and management
agreements.
(d) Limitations.--Nothing in subsection (a) affects--
(1) any water right of the Hualapai Tribe in existence
under State law before the date of the enactment of this Act;
or
(2) any right or claim of the Hualapai Tribe to any land or
interest in land in existence before the date of the
enactment of this title.
(e) Future Trust Land.--
(1) New statutory requirement.--Effective beginning on the
date of the enactment of this title, and except as provided
in subsection (a), any land located in the State outside the
exterior boundaries of the Hualapai Reservation may only be
taken into trust by the United States for the benefit of the
Hualapai Tribe by an Act of Congress--
(A) that specifically authorizes the transfer of the land
for the benefit of the Hualapai Tribe; and
(B) the date of the enactment of which is after the date of
the enactment of this title.
(2) Water rights.--Any land taken into trust for the
benefit of the Hualapai Tribe under paragraph (1)--
[[Page H7456]]
(A) shall include water rights only under State law; and
(B) shall not include any federally reserved water rights.
SEC. 513. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING;
WATER DELIVERY CONTRACT; COLORADO RIVER
ACCOUNTING.
(a) Reallocation to the Hualapai Tribe.--On the
Enforceability Date, the Secretary shall reallocate to the
Hualapai Tribe the Hualapai Tribe CAP water.
(b) Firming.--
(1) Hualapai tribe cap water.--Except as provided in
subsection (c)(2)(H), the Hualapai Tribe CAP water shall be
firmed as follows:
(A) In accordance with section 105(b)(1)(B) of the Central
Arizona Project Settlement Act of 2004 (Public Law 108-451;
118 Stat. 3492), for the 100-year period beginning on January
1, 2008, the Secretary shall firm 557.50 AFY of the Hualapai
Tribe CAP water to the equivalent of CAP M&I priority water.
(B) In accordance with section 105(b)(2)(B) of the Central
Arizona Project Settlement Act of 2004 (Public Law 108-451;
118 Stat. 3492), for the 100-year period beginning on January
1, 2008, the State shall firm 557.50 AFY of the Hualapai
Tribe CAP water to the equivalent of CAP M&I priority water.
(2) Additional firming.--The Hualapai Tribe may, at the
expense of the Hualapai Tribe, take additional actions to
firm or supplement the Hualapai Tribe CAP water, including by
entering into agreements for that purpose with the Central
Arizona Water Conservation District, the Arizona Water
Banking Authority, or any other lawful authority, in
accordance with State law.
(c) Hualapai Tribe Water Delivery Contract.--
(1) In general.--In accordance with the Hualapai Tribe
water rights settlement agreement and the requirements
described in paragraph (2), the Secretary shall enter into
the Hualapai Tribe water delivery contract.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) In general.--The Hualapai Tribe water delivery contract
shall--
(i) be for permanent service (as that term is used in
section 5 of the Boulder Canyon Project Act (43 U.S.C.
617d));
(ii) take effect on the Enforceability Date; and
(iii) be without limit as to term.
(B) Hualapai tribe cap water.--
(i) In general.--The Hualapai Tribe CAP water may be
delivered for use in the lower basin in the State through--
(I) the Hualapai Water Project; or
(II) the CAP system.
(ii) Method of delivery.--The Secretary shall authorize the
delivery of Hualapai Tribe CAP water under this subparagraph
to be effected by the diversion and use of water directly
from the Colorado River in the State.
(C) Contractual delivery.--The Secretary shall deliver the
Hualapai Tribe CAP water to the Hualapai Tribe in accordance
with the terms and conditions of the Hualapai Tribe water
delivery contract.
(D) Distribution of cap nia priority water.--
(i) In general.--Except as provided in clause (ii), if, for
any year, the available CAP supply is insufficient to meet
all demands under CAP contracts and CAP subcontracts for the
delivery of CAP NIA priority water, the Secretary and the CAP
operating agency shall prorate the available CAP NIA priority
water among the CAP contractors and CAP subcontractors
holding contractual entitlements to CAP NIA priority water on
the basis of the quantity of CAP NIA priority water used by
each such CAP contractor and CAP subcontractor in the last
year in which the available CAP supply was sufficient to fill
all orders for CAP NIA priority water.
(ii) Exception.--
(I) In general.--Notwithstanding clause (i), if the
available CAP supply is insufficient to meet all demands
under CAP contracts and CAP subcontracts for the delivery of
CAP NIA priority water in the year following the year in
which the Enforceability Date occurs, the Secretary shall
assume that the Hualapai Tribe used the full volume of
Hualapai Tribe CAP water in the last year in which the
available CAP supply was sufficient to fill all orders for
CAP NIA priority water.
(II) Continuation.--The assumption described in subclause
(I) shall continue until the available CAP supply is
sufficient to meet all demands under CAP contracts and CAP
subcontracts for the delivery of CAP NIA priority water.
(III) Determination.--The Secretary shall determine the
quantity of CAP NIA priority water used by the Gila River
Indian Community and the Tohono O'odham Nation in the last
year in which the available CAP supply was sufficient to fill
all orders for CAP NIA priority water in a manner consistent
with the settlement agreements with those Tribes.
(E) Leases and exchanges of hualapai tribe cap water.--On
and after the date on which the Hualapai Tribe water delivery
contract becomes effective, the Hualapai Tribe may, with the
approval of the Secretary, enter into contracts or options to
lease, or contracts or options to exchange, the Hualapai
Tribe CAP water within the lower basin in the State, and not
in Navajo, Apache, or Cochise counties, providing for the
temporary delivery to other persons of any portion of
Hualapai Tribe CAP water.
(F) Term of leases and exchanges.--
(i) Leasing.--Contracts or options to lease under
subparagraph (E) shall be for a term of not more than 100
years.
(ii) Exchanging.--Contracts or options to exchange under
subparagraph (E) shall be for the term provided for in the
contract or option, as applicable.
(iii) Renegotiation.--The Hualapai Tribe may, with the
approval of the Secretary, renegotiate any lease described in
subparagraph (E), at any time during the term of the lease,
if the term of the renegotiated lease does not exceed 100
years.
(G) Prohibition on permanent alienation.--No Hualapai Tribe
CAP water may be permanently alienated.
(H) No firming of leased water.--The firming obligations
described in subsection (b)(1) shall not apply to any
Hualapai Tribe CAP water leased by the Hualapai Tribe to
another person.
(I) Entitlement to lease and exchange funds; obligations of
united states.--
(i) Entitlement.--
(I) In general.--The Hualapai Tribe shall be entitled to
all consideration due to the Hualapai Tribe under any
contract to lease, option to lease, contract to exchange, or
option to exchange the Hualapai Tribe CAP water entered into
by the Hualapai Tribe.
(II) Exclusion.--The United States shall not, in any
capacity, be entitled to the consideration described in
subclause (I).
(ii) Obligations of united states.--The United States shall
not, in any capacity, have any trust or other obligation to
monitor, administer, or account for, in any manner, any funds
received by the Hualapai Tribe as consideration under any
contract to lease, option to lease, contract to exchange, or
option to exchange the Hualapai Tribe CAP water entered into
by the Hualapai Tribe, except in a case in which the Hualapai
Tribe deposits the proceeds of any lease, option to lease,
contract to exchange, or option to exchange into an account
held in trust for the Hualapai Tribe by the United States.
(J) Water use and storage.--
(i) In general.--The Hualapai Tribe may use the Hualapai
Tribe CAP water on or off the Hualapai Reservation within the
lower basin in the State for any purpose.
(ii) Storage.--The Hualapai Tribe, in accordance with State
law, may store the Hualapai Tribe CAP water at 1 or more
underground storage facilities or groundwater savings
facilities, subject to the condition that, if the Hualapai
Tribe stores Hualapai Tribe CAP water that has been firmed
pursuant to subsection (b)(1), the stored water may only be--
(I) used by the Hualapai Tribe; or
(II) exchanged by the Hualapai Tribe for water that will be
used by the Hualapai Tribe.
(iii) Assignment.--The Hualapai Tribe, in accordance with
State law, may assign any long-term storage credit accrued as
a result of storage described in clause (ii), subject to the
condition that the Hualapai Tribe shall not assign any long-
term storage credit accrued as a result of the storage of
Hualapai Tribe CAP water that has been firmed pursuant to
subsection (b)(1).
(K) Use limitation.--The Hualapai Tribe may not use, lease,
exchange, forbear, or otherwise transfer any Hualapai Tribe
CAP water for use directly or indirectly outside of the lower
basin in the State or in Navajo, Apache, or Cochise counties.
(L) CAP fixed om&r charges.--
(i) In general.--The CAP operating agency shall be paid the
CAP fixed OM&R charges associated with the delivery of all
Hualapai Tribe CAP water.
(ii) Payment of charges.--Except as provided in
subparagraph (O), all CAP fixed OM&R charges associated with
the delivery of the Hualapai Tribe CAP water to the Hualapai
Tribe shall be paid by--
(I) the Secretary, pursuant to section 403(f)(2)(A) of the
Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(A)),
subject to the condition that funds for that payment are
available in the Lower Colorado River Basin Development Fund;
and
(II) if the funds described in subclause (I) become
unavailable, the Hualapai Tribe.
(M) CAP pumping energy charges.--
(i) In general.--The CAP operating agency shall be paid the
CAP pumping energy charges associated with the delivery of
Hualapai Tribe CAP water only in cases in which the CAP
system is used for the delivery of that water.
(ii) Payment of charges.--Except for CAP water not
delivered through the CAP system, which does not incur a CAP
pumping energy charge, or water delivered to other persons as
described in subparagraph (O), any applicable CAP pumping
energy charges associated with the delivery of the Hualapai
Tribe CAP water shall be paid by the Hualapai Tribe.
(N) Waiver of property tax equivalency payments.--No
property tax or in-lieu property tax equivalency shall be due
or payable by the Hualapai Tribe for the delivery of CAP
water or for the storage of CAP water in an underground
storage facility or groundwater savings facility.
(O) Lessee responsibility for charges.--
(i) In general.--Any lease or option to lease providing for
the temporary delivery to other persons of any Hualapai Tribe
CAP water shall require the lessee to pay the CAP operating
agency all CAP fixed OM&R charges and all CAP pumping energy
charges associated with the delivery of the leased water.
(ii) No responsibility for payment.--Neither the Hualapai
Tribe nor the United States in any capacity shall be
responsible for the payment of any charges associated with
the delivery of the Hualapai Tribe CAP water leased to other
persons.
(P) Advance payment.--No Hualapai Tribe CAP water shall be
delivered unless the CAP fixed OM&R charges and any
applicable CAP pumping energy charges associated with the
delivery of that water have been paid in advance.
(Q) Calculation.--The charges for delivery of the Hualapai
Tribe CAP water pursuant to the Hualapai Tribe water delivery
contract shall be calculated in accordance with the CAP
repayment stipulation.
[[Page H7457]]
(R) Cap repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the CAP
system constructed after November 21, 2007, the costs
associated with the delivery of the Hualapai Tribe CAP water,
regardless of whether the Hualapai Tribe CAP water is
delivered for use by the Hualapai Tribe or in accordance with
any lease, option to lease, exchange, or option to exchange
providing for the delivery to other persons of the Hualapai
Tribe CAP water, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation of the Central
Arizona Water Conservation District.
(S) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs associated with
the construction of the CAP system allocable to the Hualapai
Tribe--
(I) the costs shall be nonreimbursable; and
(II) the Hualapai Tribe shall have no repayment obligation
for the costs.
(ii) Capital charges.--No CAP water service capital charges
shall be due or payable for the Hualapai Tribe CAP water,
regardless of whether the Hualapai Tribe CAP water is
delivered--
(I) for use by the Hualapai Tribe; or
(II) under any lease, option to lease, exchange, or option
to exchange entered into by the Hualapai Tribe.
(d) Colorado River Accounting.--All Hualapai Tribe CAP
water diverted directly from the Colorado River shall be
accounted for as deliveries of CAP water within the State.
SEC. 514. ENFORCEABILITY DATE.
(a) In General.--Except as provided in subsection (d), the
Hualapai Tribe water rights settlement agreement, including
the waivers and releases of claims described in section 509,
shall take effect and be fully enforceable on the date on
which the Secretary publishes in the Federal Register a
statement of findings that--
(1) to the extent the Hualapai Tribe water rights
settlement agreement conflicts with this title--
(A) the Hualapai Tribe water rights settlement agreement
has been revised through an amendment to eliminate the
conflict; and
(B) the revised Hualapai Tribe water rights settlement
agreement, including any exhibits requiring execution by any
party to the Hualapai Tribe water rights settlement
agreement, has been executed by the required party;
(2) the waivers and releases of claims described in section
509 have been executed by the Hualapai Tribe and the United
States;
(3) the abstracts referred to in subparagraphs 4.8.1.2,
4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights
settlement agreement have been completed by the Hualapai
Tribe;
(4) the full amount described in section 507(a)(1), as
adjusted by section 507(b), has been deposited in the
Hualapai Water Trust Fund Account;
(5) the Gila River adjudication decree has been approved by
the Gila River adjudication court substantially in the form
of the judgment and decree attached to the Hualapai Tribe
water rights settlement agreement as Exhibit 3.1.43, as
amended to ensure consistency with this title;
(6) the Secretary has executed the Hualapai Tribe water
delivery contract described in section 513(c); and
(7) the Secretary has issued the record of decision
required by section 508(d).
(b) Repeal on Failure to Meet Enforceability Date.--
(1) In general.--Except as provided in paragraph (2), if
the Secretary fails to publish in the Federal Register a
statement of findings under subsection (a) by April 15, 2029,
or such alternative later date as may be agreed to by the
Hualapai Tribe, the Secretary, and the State--
(A) this title is repealed;
(B) any action taken by the Secretary and any contract or
agreement entered into pursuant to this title shall be void;
and
(C) any amounts appropriated under section 507, together
with any investment earnings on those amounts, less any
amounts expended under section 506(a)(4)(B), shall revert
immediately to the general fund of the Treasury.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary fails to publish in the Federal Register a
statement of findings under subsection (a) by April 15, 2029,
or such alternative later date as may be agreed to by the
Hualapai Tribe, the Secretary, and the State, section 511 and
subsections (a), (b), (c), and (d) of section 512 shall
remain in effect.
(c) Right to Offset.--If the Secretary has not published in
the Federal Register the statement of findings under
subsection (a) by April 15, 2029, or such alternative later
date as may be agreed to by the Hualapai Tribe, the
Secretary, and the State, the United States shall be entitled
to offset any Federal amounts made available under section
506(a)(4)(B) that were used or authorized for any use under
that section against any claim asserted by the Hualapai Tribe
against the United States described in section 509(a)(2)(A).
(d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this title, the Bill
Williams River phase 2 water rights settlement agreement
(including the waivers and releases described in section
509(d) of this title and section 5 of the Bill Williams River
phase 2 water rights settlement agreement) shall take effect
and become enforceable among the parties to the Bill Williams
River phase 2 water rights settlement agreement on the date
on which all of the following conditions have occurred:
(1) The Hualapai Tribe water rights settlement agreement
has become enforceable pursuant to subsection (a).
(2) Freeport has submitted to the Arizona Department of
Water Resources a conditional withdrawal of any objection to
the Bill Williams River watershed instream flow applications
pursuant to section 4.4(i) of the Bill Williams River phase 2
water rights settlement agreement, which withdrawal shall
take effect on the Bill Williams River Phase 2 Enforceability
Date described in this subsection.
(3) Not later than the Enforceability Date, the Arizona
Department of Water Resources has issued an appealable,
conditional decision and order for the Bill Williams River
watershed instream flow applications pursuant to section
4.4(iii) of the Bill Williams River phase 2 water rights
settlement agreement, which order shall become nonconditional
and effective on the Bill Williams River Phase 2
Enforceability Date described in this subsection.
(4) The conditional decision and order described in
paragraph (3)--
(A) becomes final; and
(B) is not subject to any further appeal.
SEC. 515. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity.--
(1) Waiver.--
(A) In general.--In any circumstance described in paragraph
(2)--
(i) the United States or the Hualapai Tribe may be joined
in the action described in the applicable subparagraph of
that paragraph; and
(ii) subject to subparagraph (B), any claim by the United
States or the Hualapai Tribe to sovereign immunity from the
action is waived.
(B) Limitation.--A waiver under subparagraph (A)(ii)--
(i) shall only be for the limited and sole purpose of the
interpretation or enforcement of--
(I) this title;
(II) the Hualapai Tribe water rights settlement agreement,
as ratified by this title; or
(III) the Bill Williams River phase 2 water right
settlement agreement, as ratified by this title; and
(ii) shall not include any award against the United States
or the Hualapai Tribe for money damages, court costs, or
attorney fees.
(2) Circumstances described.--A circumstance referred to in
paragraph (1)(A) is any of the following:
(A) Any party to the Hualapai Tribe water rights settlement
agreement--
(i) brings an action in any court of competent jurisdiction
relating only and directly to the interpretation or
enforcement of--
(I) this title; or
(II) the Hualapai Tribe water rights settlement agreement;
and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(B) Any landowner or water user in the Verde River
Watershed--
(i) brings an action in any court of competent jurisdiction
relating only and directly to the interpretation or
enforcement of--
(I) paragraph 10.0 of the Hualapai Tribe water rights
settlement agreement;
(II) Exhibit 3.1.43 to the Hualapai Tribe water rights
settlement agreement; or
(III) section 509; and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(C) Any party to the Bill Williams River phase 2 settlement
agreement--
(i) brings an action in any court of competent jurisdiction
relating only and directly to the interpretation or
enforcement of--
(I) this title; or
(II) the Bill Williams River phase 2 settlement agreement;
and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(b) Effect on Current Law.--Nothing in this section alters
the law with respect to pre-enforcement review of Federal
environmental or safety-related enforcement actions.
(c) Basin Groundwater Withdrawal Estimates.--
(1) Groundwater withdrawal estimates.--
(A) In general.--Not later than 1 year of the date of the
enactment of this title, the Secretary, acting through the
United States Geological Survey Water Use Program, shall
issue an estimate for groundwater withdrawals in the Truxton
Basin outside the boundaries of the Hualapai Reservation.
(B) Annual estimates.--Each year after publication of the
initial estimate required by subparagraph (A), the Secretary,
acting through the United States Geological Survey Water Use
Program, shall issue an estimate for groundwater withdrawals
in the Truxton Basin outside the boundaries of the Hualapai
Reservation until such time as the Secretary, after
consultation with the Hualapai Tribe, determines that annual
estimates are not warranted.
(2) Notice to the state.--Based on the estimates under
paragraph (1), the Secretary shall notify the State, in
writing, if the total withdrawal of groundwater from the
Truxton Basin outside the boundaries of the Hualapai
Reservation exceeds the estimate prepared pursuant to that
paragraph by 3,000 or more AFY, exclusive of any diversion or
use of groundwater on Hualapai fee land and any land acquired
by the Hualapai Tribe, including by a tribally owned
corporation, in fee after the Enforceability Date.
(d) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this title, the United States
shall not be liable for any failure of the United States to
carry out any obligation or activity authorized by this title
(including all agreements or exhibits ratified or confirmed
by this title) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this title; or
(2) there are not enough monies available to carry out this
title in the Lower Colorado River Basin Development Fund.
(e) Application of Reclamation Reform Act of 1982.--The
Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and
any other acreage limitation or full-cost pricing provision
of Federal law shall not apply to any person, entity, or
tract of land solely on the basis of--
[[Page H7458]]
(1) receipt of any benefit under this title;
(2) execution or performance of this title; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(f) Effect.--
(1) No modification or preemption of other law.--Unless
expressly provided in this title, nothing in this title
modifies, conflicts with, preempts, or otherwise affects--
(A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(B) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(C) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(D) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885);
(E) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact;
(G) the Upper Colorado River Basin Compact;
(H) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991); or
(I) case law concerning water rights in the Colorado River
system other than any case to enforce the Hualapai Tribe
water rights settlement agreement or this title.
(2) Effect on agreements.--Nothing in this title or the
Hualapai Tribe water rights settlement agreement limits the
right of the Hualapai Tribe to enter into any agreement for
the storage or banking of water in accordance with State law
with--
(A) the Arizona Water Banking Authority (or a successor
agency or entity); or
(B) any other lawful authority.
(3) Effect of title.--Nothing in this title--
(A) quantifies or otherwise affects the water rights,
claims, or entitlements to water of any Indian Tribe other
than the Hualapai Tribe;
(B) affects the ability of the United States to take action
on behalf of any Indian Tribe other than the Hualapai Tribe,
the members of the Hualapai Tribe, and the allottees; or
(C) limits the right of the Hualapai Tribe to use any water
of the Hualapai Tribe in any location on the Hualapai
Reservation.
TITLE VI--WATER DATA
SEC. 601. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee on Water Information established
by section 604(a).
(2) Council.--The term ``Council'' means the Water Data
Council established under section 603(a).
(3) Data standards.--The term ``data standards'' means
standards relating to the manner in which data and metadata
are to be structured, populated, and encoded in machine-
readable formats, and made interoperable for data exchange.
(4) Departments.--The term ``Departments'' means each of
the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Energy.
(E) The Department of Health and Human Services.
(F) The Department of Homeland Security.
(G) The Department of the Interior.
(H) The Environmental Protection Agency.
(I) The National Aeronautics and Space Administration.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) National water data framework.--The term ``National
Water Data Framework'' means the national water data
framework developed under section 602.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Water data.--The term ``water data'' means measurements
and observations of basic properties relating to the planning
and management of water resources, including streamflow,
precipitation, groundwater, soil moisture, snow, evaporation,
water quality, and water use in agriculture, industry,
natural systems, and municipal uses.
(9) Water data grant program.--The term ``Water Data Grant
Program'' means the water data grant program established
under section 605(a).
(10) Water data infrastructure.--The term ``water data
infrastructure'' means an integrated system of information
technologies that includes common data standards and
metadata, data formats, geospatial referencing, and tools to
make water data available, easy to find, access, and share
online.
SEC. 602. NATIONAL WATER DATA FRAMEWORK.
(a) In General.--For the purpose of improving water
resources management and access across the United States,
including addressing drought, floods, and other water
management challenges, the heads of the Departments shall
jointly develop and implement a national water data framework
for observing, integrating, sharing, and using water data.
(b) Requirements.--In developing and implementing the
National Water Data Framework, the Departments shall--
(1) identify and prioritize key water data needed to
support water resources management and planning, including--
(A) water data sets, types, observations, and associated
metadata; and
(B) water data infrastructure, technologies, and tools;
(2) develop and adopt common national water data standards
for collecting, sharing, and integrating water data,
infrastructure, technologies, and tools in consultation with
States, Indian Tribes, local governments, and relevant
bodies;
(3) ensure that Federal water data are made findable,
accessible, interoperable, and reusable in accordance with
the standards developed and adopted pursuant to this title;
(4) integrate water data and tools through common
approaches to data and observing infrastructure, platforms,
models, and tool development;
(5) establish a common, national geospatial index for
publishing and linking water data from Federal, State,
Tribal, and other non-Federal sources for online discovery;
(6) harmonize and align policies, programs, protocols,
budgets, and funding programs relating to water data to
achieve the purposes of this title, as appropriate;
(7) participate in and coordinate water data activities
with the Council; and
(8) support the adoption of new technologies and the
development of tools for water data collection, observing,
sharing, and standardization by Federal, State, Tribal,
local, and other entities.
SEC. 603. WATER DATA COUNCIL.
(a) In General.--The heads of the Departments shall
establish an interagency Council, to be known as the ``Water
Data Council'', to support the development and implementation
of the National Water Data Framework.
(b) Membership.--
(1) Duties of secretary.--The Secretary, acting through the
Director of the United States Geological Survey, shall--
(A) serve as the Chair of the Council;
(B) in collaboration with the Administrators of the
National Oceanic and Atmospheric Administration and
Environmental Protection Agency, and the Director of the
Office of Science and Technology Policy, convene the Council
not less frequently than 4 times each year; and
(C) provide staff support for the Council through the
United States Geological Survey.
(2) Members.--Council Members shall include the heads of
the following entities:
(A) The Departments.
(B) Bureaus and offices of the Departments that have a
significant role or interest in water data, including--
(i) the Corps of Engineers;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Reclamation;
(iv) the Federal Emergency Management Agency;
(v) the Federal Energy Regulatory Commission;
(vi) the United States Fish and Wildlife Service;
(vii) the Indian Health Service;
(viii) the Forest Service;
(ix) the National Laboratories;
(x) the Natural Resources Conservation Service;
(xi) the National Oceanic and Atmospheric Administration;
and
(xii) the Rural Development program of the Department of
Agriculture.
(C) Offices of the Executive Office of the President,
including--
(i) the Council on Environmental Quality;
(ii) the Office of Management and Budget; and
(iii) the Office of Science and Technology Policy.
(D) Other Federal entities that the Chair and a majority of
the members of the Council described in subparagraphs (A)
through (C) determine to be appropriate.
(c) Duties.--The Council shall--
(1) support the development and implementation of the
National Water Data Framework; and
(2) facilitate communication and collaboration among
members of the Council--
(A) to establish, adopt, and implement common national
water data standards;
(B) to promote water data sharing and integration across
Federal departments and agencies, including--
(i) water data collection, observation, documentation,
maintenance, distribution, and preservation strategies; and
(ii) development and use of water data infrastructure,
tools, and technologies to support water management and
planning;
(C) to align the policies, programs, protocols, budgets,
and funding programs relating to water data of the members of
the Council, as appropriate; and
(D) to promote partnerships across Federal entities and
non-Federal entities--
(i) to advance innovation and solutions in water data,
technology, tools, planning, and management; and
(ii) to develop guidelines for data sharing and protecting
data privacy and security.
(d) Water Data Council Reports.--Not later than 180 days
after the date of enactment of this Act, and annually
thereafter, in conjunction with the annual budget submission
of the President to Congress under section 1105(a) of title
31, United States Code, the Secretary, acting on behalf of
the Council, shall submit to members of the Council and the
appropriate committees of Congress and make available
publicly online a report that describes--
(1) the National Water Data Framework;
(2) the actions undertaken by the Departments to implement
this title pursuant to section 602;
(3) key water data sets, types, and infrastructure needed
to support water management and planning;
(4) goals, targets, and actions to carry out the National
Water Data Framework in the subsequent fiscal year;
(5) a summary and evaluation of the progress of the
Departments in achieving any prior goals, targets, and
actions to carry out the National Water Data Framework;
(6) recommendations to align policies, programs, and
budgetary resources to carry out the
[[Page H7459]]
National Water Data Framework, where appropriate, in the
subsequent fiscal year;
(7) grants and assistance provided to State, Tribal, and
local entities toward the development and adoption of new
technologies and tools;
(8) opportunities to develop and incentivize the deployment
of promising next-generation technologies, including new
water data technologies and tools, in partnership with the
private sector and others to accomplish the purposes of this
title; and
(9) metrics for achieving the National Water Data
Framework.
SEC. 604. ADVISORY COMMITTEE ON WATER INFORMATION.
(a) Establishment.--There is established within the
Department of the Interior an advisory committee, to be known
as the ``Advisory Committee on Water Information'', to advise
the Secretary, Departments, and Council on the development
and implementation of the National Water Data Framework.
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of members, to be appointed by the Secretary, in consultation
with the Administrators of the National Oceanic and
Atmospheric Administration and the Environmental Protection
Agency, in a manner that provides for--
(A) balanced representation among various entities involved
in water-related activities; and
(B) consideration for a geographic balance of individuals
representing localities across the United States.
(2) Selection.--Members of the Advisory Committee shall be
selected by the Secretary from among entities involved in
water-related activities, including--
(A) States;
(B) Indian Tribes;
(C) local governments;
(D) Federal entities;
(E) water agencies, utilities, conservation districts,
irrigation districts, acequias, and other water user
associations;
(F) organizations that facilitate collaboration across
States and multi-state instrumentalities;
(G) educational institutions;
(H) professional organizations;
(I) water data and technology-related experts,
professionals, and industries;
(J) private sector entities; and
(K) nonprofit organizations.
(3) Term.--Members of the Advisory Committee shall be
appointed by the Secretary for a term not to exceed 4 years.
(c) Chair.--The Secretary shall serve as the Chair of the
Advisory Committee.
(d) Staff Support.--The United States Geological Survey
shall provide support services for the Advisory Committee.
(e) Meetings.--The Advisory Committee shall meet at the
call of the Chair, but not less frequently than 4 times each
year.
(f) Duties.--The duties of the Advisory Committee are to
advise the Secretary, Departments, and Council on--
(1) the development and implementation of the National
Water Data Framework;
(2) efforts to operate a cost-effective national network of
water data collection and analysis that meets the priority
water information needs of the Federal Government and, to the
extent practicable using available resources, the needs of
the non-Federal community that are tied to national
interests;
(3) efforts to develop uniform standards, guidelines, and
procedures for the collection, analysis, management, and
dissemination of water information to improve quality,
consistency, and accessibility nationwide; and
(4) the effectiveness of existing water information
programs and recommended modifications needed to respond to
changes in legislation, technology, and other conditions.
(g) Coordination.--To the extent practicable, the Advisory
Committee shall coordinate with the National Water Quality
Monitoring Council and other water data related entities
convened by the Federal Government.
(h) Report.--Not later than two years after the date of
enactment of this Act, and every two years thereafter, the
Advisory Committee shall submit a report of activities
carried out by the Advisory Committee and a recommendation to
continue, modify the duties of, or terminate the Advisory
Committee.
(i) Applicability of FACA.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Advisory Committee.
(2) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 605. WATER DATA GRANT PROGRAM.
(a) In General.--The Secretary shall establish a water data
grant program under which the Secretary shall award grants--
(1) to support non-Federal entities in making water data
sets findable, accessible, interoperable, and reusable in
accordance with the water data standards established under
this title;
(2) to advance the development of water data
infrastructure, observations, tools, and technologies to
facilitate the sharing and use of water data;
(3) to support programs and projects that facilitate water
data sharing and use in water resources management and the
implementation of the National Water Data Framework; and
(4) to provide a prize for accelerating innovation and
developing next-generation water data tools and technologies.
(b) Coordination With the Council.--The Secretary shall
consult and coordinate with the Council in creating and
implementing the Water Data Grant Program to ensure that--
(1) the Water Data Grant Program is aligned with and
carries out the purposes of this title; and
(2) grants and programs are harmonized across the
Departments and members of the Council to achieve the
purposes of this title, as appropriate.
(c) Eligible Entities.--An entity eligible for a grant
under the Water Data Grant Program--
(1) shall demonstrate significant needs or capabilities for
advancing water data sharing and tools with a significant
public benefit; and
(2) may include--
(A) a State, multistate instrumentality, Indian Tribe, or
other unit of local government;
(B) a water agency, utility, conservation district,
irrigation district, acequia, mutual domestic association, or
other entity organized pursuant to Federal, Tribal, or local
laws for the purpose of water-related activities;
(C) an educational institution or nonprofit organization;
and
(D) in the case of carrying out activities described in
subsection (a)(4)--
(i) an individual who is a citizen or legal resident of the
United States; or
(ii) an entity that is incorporated and maintains the
primary place of business of the entity in the United States.
(d) Requirements.--
(1) Data sharing and standards.--Any project funded through
the Water Data Grant Program shall be implemented in
accordance with the water data standards established under
section 602.
(2) Use of existing water data infrastructure.--The
recipient of a grant shall, to the extent practicable,
leverage existing water data and water data infrastructure.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, in
conjunction with the annual budget submission of the
President to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to Congress a
report that describes the implementation of the Water Data
Grant Program, including--
(1) a description of the use and deployment of amounts made
available under the Water Data Grant Program;
(2) an accounting of all grants awarded under the Water
Data Grant Program, including a description of--
(A) each grant recipient; and
(B) each project funded under the Water Data Grant Program;
(3) an assessment of the success of the Water Data Grant
Program in advancing the purposes of this title; and
(4) a plan for the subsequent fiscal year to achieve the
purposes of this title.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out the Water
Data Grant Program $25,000,000 for each of fiscal years 2023
through 2027, to remain available until expended.
(g) Administrative Costs.--Of the funds authorized to be
appropriated under subsection (f), not more than 3 percent is
authorized to be appropriated for administrative costs to
carry out the Water Data Grant Program.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Secretary to carry out sections 602 through 604
$15,000,000 for each of fiscal years 2023 through 2027, to
remain available until expended.
(b) Transfer of Funds.--The Secretary may, to the extent
provided in advance in appropriations Acts, transfer to the
Departments, including the Environmental Protection Agency,
funds made available under subsection (a) to carry out
sections 602 through 604.
TITLE VII--NOGALES WASTEWATER IMPROVEMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Nogales Wastewater
Improvement Act of 2022''.
SEC. 702. AMENDMENTS TO THE ACT OF JULY 27, 1953.
The first section of the Act of July 27, 1953 (67 Stat.
195, chapter 242; 22 U.S.C. 277d-10), is amended by striking
the period at the end and inserting ``: Provided further,
That the equitable portion of the Nogales sanitation project
for the city of Nogales, Arizona, shall be limited to the
costs directly associated with the treatment and conveyance
of the wastewater of the city and, to the extent practicable,
shall not include any costs directly associated with the
quality or quantity of wastewater originating in Mexico.''.
SEC. 703. NOGALES SANITATION PROJECT.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City of Nogales,
Arizona.
(2) Commission.--The term ``Commission'' means the United
States Section of the International Border and Water
Commission.
(3) International outfall interceptor.--The term
``International Outfall Interceptor'' means the pipeline that
conveys wastewater from the United States-Mexico border to
the Nogales International Wastewater Treatment Plant.
(4) Nogales international wastewater treatment plant.--The
term ``Nogales International Wastewater Treatment Plant''
means the wastewater treatment plant that--
(A) is operated by the Commission;
(B) is located in Rio Rico, Santa Cruz County, Arizona,
after manhole 99; and
(C) treats sewage and wastewater originating from--
(i) Nogales, Sonora, Mexico; and
(ii) Nogales, Arizona.
(b) Ownership and Control.--
(1) In general.--Subject to paragraph (2) and in accordance
with authority under the Act of July 27, 1953 (67 Stat. 195,
chapter 242; 22 U.S.C. 277d-10 et seq.), on transfer by
donation from the City of the current stake of the City in
the International Outfall Interceptor to the Commission, the
Commission shall enter into such
[[Page H7460]]
agreements as are necessary to assume full ownership and
control over the International Outfall Interceptor.
(2) Agreements required.--The Commission shall assume full
ownership and control over the International Outfall
Interceptor under paragraph (1) after all applicable
governing bodies in the State of Arizona, including the City,
have--
(A) signed memoranda of understanding granting to the
Commission access to existing easements for a right of entry
to the International Outfall Interceptor for the life of the
International Outfall Interceptor;
(B) entered into an agreement with respect to the flows
entering the International Outfall Interceptor that are
controlled by the City; and
(C) agreed to work in good faith to expeditiously enter
into such other agreements as are necessary for the
Commission to operate and maintain the International Outfall
Interceptor.
(c) Operations and Maintenance.--
(1) In general.--Beginning on the date on which the
Commission assumes full ownership and control of the
International Outfall Interceptor under subsection (b)(1),
but subject to subsection (e), the Commission shall be
responsible for the operations and maintenance of the
International Outfall Interceptor.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Commission to carry out this
subsection, to remain available until expended--
(A) $4,400,000 for fiscal year 2023; and
(B) not less than $2,500,000 for fiscal year 2024 and each
fiscal year thereafter.
(d) Debris Screen.--
(1) Debris screen required.--
(A) In general.--The Commission shall construct, operate,
and maintain a debris screen at Manhole One of the
International Outfall Interceptor for intercepting debris and
drug bundles coming to the United States from Nogales,
Sonora, Mexico.
(B) Requirement.--In constructing and operating the debris
screen under subparagraph (A), the Commission and the
Commissioner of U.S. Customs and Border Protection shall
coordinate--
(i) the removal of drug bundles and other illicit goods
caught in the debris screen; and
(ii) other operations at the International Outfall
Interceptor that require coordination.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Commission, to remain available
until expended--
(A) $11,900,000 for fiscal year 2023 for construction of
the debris screen described in paragraph (1)(A); and
(B) $2,200,000 for fiscal year 2024 and each fiscal year
thereafter for the operations and maintenance of the debris
screen described in paragraph (1)(A).
(e) Limitation of Claims.--Chapter 171 and section 1346(b)
of title 28, United States Code (commonly known as the
``Federal Tort Claims Act''), shall not apply to any claim
arising from the activities of the Commission in carrying out
this section, including any claim arising from damages that
result from overflow of the International Outfall Interceptor
due to excess inflow to the International Outfall Interceptor
originating from Nogales, Sonora, Mexico.
TITLE VIII--RIO GRANDE WATER SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Rio Grande Water Security
Act''.
Subtitle A--Rio Grande Water Security
SEC. 811. DEFINITIONS.
In this subtitle:
(1) Basin plan.--The term ``Basin Plan'' means the
integrated water resources management plan for the Rio Grande
Basin developed under section 812(a).
(2) Basin state.--The term ``Basin State'' means each of
the following States:
(A) Colorado.
(B) New Mexico.
(C) Texas, which shall participate upon consent and
agreement by the State of Texas, acting through the Texas
Commission on Environmental Quality.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Nature-based feature.--The term ``nature-based
feature'' has the meaning given the term in section 9502 of
the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10362).
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the mainstem of the Rio Grande from the headwaters of the Rio
Grande in Colorado to the mouth of the Rio Grande and any
hydrologically connected groundwater, aquifers, and
tributaries within the Basin States.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Working group.--The term ``Working Group'' means the
Rio Grande Basin Working Group convened under section 812(a).
SEC. 812. INTEGRATED WATER RESOURCES MANAGEMENT PLAN FOR THE
RIO GRANDE BASIN.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall convene a Federal
Working Group, to be known as the ``Rio Grande Basin Working
Group'', to consult and collaborate with the Basin States,
Indian Tribes, units of local government, irrigation
districts, conservation districts, acequias, land grant-
mercedes, and other local partners in the Rio Grande Basin to
develop and implement an integrated water resources
management plan for the Rio Grande Basin using the best
available science, data, and local knowledge.
(b) Purpose.--The purpose of the Basin Plan is to improve--
(1) water security and quality for communities throughout
the Rio Grande Basin;
(2) river and watershed health for ecosystems, fish, and
wildlife in the Rio Grande Basin;
(3) the resilience of communities and ecosystems in the Rio
Grande Basin to drought and hydrologic change; and
(4) consultation, collaboration, and partnerships among
Federal agencies, Basin States, Indian Tribes, and local
partners within the Rio Grande Basin.
(c) Requirements.--The Basin Plan shall include--
(1) a list of recommended projects and activities to
achieve the purpose described in subsection (b), using the
best available science for current and future conditions in
the Rio Grande Basin, including recommendations for--
(A) improving infrastructure design, maintenance, repair,
planning, management, and operations throughout the Rio
Grande Basin;
(B) improving science, data, monitoring, and collaboration
to improve understanding of the Rio Grande Basin, including--
(i) the hydrology and other processes of the Rio Grande
Basin; and
(ii) the long-term availability of water across the Rio
Grande Basin;
(C) increasing water conservation in the Rio Grande Basin
through partnerships with communities and water users;
(D) investments in nature-based features, infrastructure,
and habitat improvements to improve river health, resilience,
water security, and hazard mitigation in the Rio Grande
Basin;
(E) updating reservoir operations authorities and water
control manuals; and
(F) improving consultation, collaboration, and partnerships
throughout the Rio Grande Basin to achieve the objectives
described in subparagraphs (A) through (E);
(2) a list of potential changes to existing Federal
authorities that may be needed to implement the Basin Plan;
and
(3) a timeline for implementing the Basin Plan over a 30-
year period.
(d) Report to Congress.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) submit the Basin Plan to--
(A) the appropriate committees of Congress; and
(B) the Basin States, Indian Tribes located within the Rio
Grande Basin, and local partners; and
(2) make the Basin Plan publicly available online.
(e) Implementation.--
(1) In general.--On submission of the Basin Plan to
Congress under subsection (d)(1)(A), the relevant agencies of
the Working Group may implement recommended projects and
activities from the Basin Plan to achieve the purposes of
this subtitle, including--
(A) water conservation and restoration projects;
(B) streamflow and groundwater recharge improvements;
(C) optimization of Federal project management, including--
(i) improvements and flexibility in reservoir, irrigation,
and flood control project operations; and
(ii) updates and amendments to particular reservoir
operations authorities, contracts, and water control manuals
within the Rio Grande Basin, consistent with the
recommendations provided in subsection (c)(1)(E);
(D) studies of relevant projects and activities requiring
further authorization;
(E) the establishment of a collaborative science, data, and
monitoring program for the Rio Grande Basin; and
(F) the establishment of a coordinated technical assistance
program to support Rio Grande Basin stakeholders in accessing
resources and programs to achieve the purposes of this
subtitle.
(2) Waiver.--In implementing this subsection, the relevant
agencies of the Working Group may waive or reduce Federal
cost-share requirements for projects and activities that
demonstrate significant public benefits in accordance with
the purpose described in subsection (b).
(f) Requirements.--The projects and activities implemented
pursuant to subsection (e) shall be--
(1) subject to required authorization and appropriation by
Congress;
(2) contingent on the completion of applicable feasibility
studies, environmental reviews, and cost-benefit analyses
that include favorable recommendations for the proposed
projects and activities; and
(3) implemented--
(A) in accordance with applicable law, including--
(i) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(iii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(B) in consultation with and in accordance with State,
Tribal, and local authorities in the Basin States;
(C) within the State of Colorado--
(i) only upon the consent of the State of Colorado, acting
through the Colorado Division of Water Resources; and
(ii) rely on and not duplicate existing studies and models
developed and maintained by the State of Colorado to the
greatest extent practicable;
(D) in accordance with interstate and international
agreements applicable to the Rio Grande Basin; and
(E) in accordance with the water rights of any Indian Tribe
or agreements between any Indian Tribe and the United States.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the
[[Page H7461]]
heads of the agencies represented on the Working Group such
sums as are necessary to carry out this subtitle for each of
fiscal years 2023 through 2052.
SEC. 813. RIO GRANDE BASIN WORKING GROUP.
(a) Composition.--The Working Group shall be composed of
the following members:
(1) The Administrator of the Environmental Protection
Agency.
(2) The Assistant Secretary of the Army for Civil Works.
(3) The Chief of the Forest Service.
(4) The Chief of the Natural Resources Conservation
Service.
(5) The Commissioner of the International Boundary and
Water Commission.
(6) The Commissioner of Reclamation.
(7) The Director of any National Laboratory located in a
Basin State.
(8) The Director of the Bureau of Indian Affairs.
(9) The Director of the Bureau of Land Management.
(10) The Director of the National Park Service.
(11) The Director of the United States Fish and Wildlife
Service.
(12) The Director of the United States Geological Survey.
(13) The Secretary of Energy.
(14) The Under Secretary for Rural Development.
(15) The heads of any other relevant Federal agencies, as
determined to be appropriate by a majority of the members of
the Working Group described in paragraphs (1) through (14).
(b) Duties.--The Working Group shall consult, collaborate,
and work with Basin States, Indian Tribes located within the
Rio Grande Basin, and local partners--
(1) to develop and implement a Basin Plan; and
(2) on submission of the Basin Plan to Congress under
section 812(d)(1)(A), to support ongoing collaboration across
the Rio Grande Basin among Federal stakeholders and non-
Federal stakeholders within the Rio Grande Basin.
SEC. 814. EFFECT OF SUBTITLE.
Nothing in this subtitle--
(1) affects, waives, abrogates, diminishes, defines, or
interprets any water right of any Indian Tribe or agreement
between any Indian Tribe and the United States;
(2) affects a contract or benefit in existence on the date
of enactment of this Act that was executed pursuant to the
reclamation laws, unless otherwise agreed to by the parties
to the contract or benefit;
(3) amends, modifies, or is in conflict with any interstate
or international agreement regarding the Rio Grande and the
waters of the Rio Grande, or any other interstate compact or
agreement regarding water, including the Rio Grande Compact
consented to by Congress in the Act of May 31, 1939 (53 Stat.
785. Ch.155), or the Colorado River Compact consented to by
Congress in the Act of August 19, 1921 (42 Stat. 171, Ch.
72), the 1906 Convention, the 1944 Treaty with Mexico, and
Upper Colorado River Basin Compact consented to by Congress
in the Act of April 6, 1949 (63 Stat. 31);
(4) affects any ongoing treaty obligations;
(5) changes the commitments and requirements contained in
Public Law 92-514 concerning the Closed Basin Project; or
(6) limits or affects any Basin State or Indian Tribe in
the management of water quantity or quality in accordance
with State or Tribal laws, as applicable.
Subtitle B--Pueblo Irrigation
SEC. 821. REAUTHORIZATION OF PUEBLO IRRIGATION INFRASTRUCTURE
GRANTS.
Section 9106(g)(2) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1309) is amended--
(1) by striking ``is authorized'' and inserting ``are
authorized''; and
(2) by striking ``$6,000,000'' and all that follows through
the period at the end and inserting ``such sums as are
necessary for each of fiscal years 2022 through 2032.''.
DIVISION C--OTHER FIRE, DROUGHT, AND EXTREME WEATHER PROGRAMS
TITLE I--INFRASTRUCTURE, ENERGY, AND ASSISTANCE
SEC. 101. NATURAL DISASTER GRID MITIGATION MAP.
(a) Establishment.--The Secretary shall establish and
maintain a Natural Disaster Grid Mitigation Map that
identifies critical electric grid infrastructure in each
State that is vulnerable to natural disasters.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall develop a report that--
(A) analyzes how vulnerable critical electric grid
infrastructure in each State is to natural disasters; and
(B) identifies parts of such critical electric grid
infrastructure that are high risk for energy disruptions
caused by natural disasters.
(2) Availability.--The Secretary shall make the report
developed under paragraph (1) available to other relevant
Federal agencies to consider when funding disaster mitigation
and resiliency efforts.
(c) Definitions.--In this section:
(1) Critical electric grid infrastructure.--The term
``critical electric grid infrastructure'' includes
transmission lines of 66 kilovolt-amperes and above and other
infrastructure, as determined by the Secretary.
(2) Natural disaster.--The term ``natural disaster'' means
a wildfire, hurricane, tornado, extreme temperature, storm,
flood, earthquake, volcanic eruption, or other natural
occurrence of such magnitude or severity so as to be
considered disastrous, as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, any territory or possession
of the United States, and any federally recognized Indian
Tribe.
SEC. 102. INTERREGIONAL MINIMUM TRANSFER CAPABILITY
REQUIREMENTS.
(a) Finding.--Congress finds that extreme weather is
increasing in frequency and poses a significant risk to the
reliability of the electric grid.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory
Commission shall, pursuant to section 206 of the Federal
Power Act (16 U.S.C. 824e), promulgate a final rule that
establishes minimum transfer capability requirements between
transmission planning regions.
SEC. 103. CRITICAL DOCUMENT FEE WAIVER.
Section 1238(a) of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5174b) is amended--
(1) in paragraph (2), by striking ``applies regardless''
and inserting ``and the requirement of the President to waive
fees under paragraph (4) apply regardless'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Mandatory automatic waiver.--The President, in
consultation with the Governor of a State, shall
automatically provide a fee waiver described in paragraph (1)
to an individual or household that has been adversely
affected by a major disaster declared under section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170)--
``(A) for which the President provides assistance to
individuals and households under section 408 of that Act (42
U.S.C. 5174); and
``(B) that destroyed a critical document described in
paragraph (1) of the individual or household.''.
SEC. 104. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) on April 6, 2022, the Forest Service initiated the Las
Dispensas-Gallinas prescribed burn on Federal land in the
Santa Fe National Forest in San Miguel County, New Mexico,
when erratic winds were prevalent in the area that was also
suffering from severe drought after many years of
insufficient precipitation;
(B) on April 6, 2022, the prescribed burn, which became
known as the ``Hermit's Peak Fire'', exceeded the containment
capabilities of the Forest Service, was declared a wildfire,
and spread to other Federal and non-Federal land;
(C) on April 19, 2022, the Calf Canyon Fire, also in San
Miguel County, New Mexico, began burning on Federal land and
was later identified as the result of a pile burn in January
2022 that remained dormant under the surface before
reemerging;
(D) on April 27, 2022, the Hermit's Peak Fire and the Calf
Canyon Fire merged, and both fires were reported as the
Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire,
(referred hereafter in this subsection as the ``Hermit's
Peak/Calf Canyon Fire'');
(E) by May 2, 2022, the fire had grown in size and caused
evacuations in multiple villages and communities in San
Miguel County and Mora County, including in the San Miguel
county jail, the State's psychiatric hospital, the United
World College, and New Mexico Highlands University;
(F) on May 4, 2022, the President issued a major disaster
declaration for the counties of Colfax, Mora, and San Miguel,
New Mexico;
(G) on May 20, 2022, U.S. Forest Service Chief Randy Moore
ordered a 90-day review of prescribed burn policies to reduce
the risk of wildfires and ensure the safety of the
communities involved;
(H) the U.S. Forest Service has assumed responsibility for
the Hermit's Peak/Calf Canyon Fire;
(I) the fire resulted in the loss of Federal, State, local,
Tribal, and private property; and
(J) the United States should compensate the victims of the
Hermit's Peak/Calf Canyon Fire.
(2) Purposes.--The purposes of this section are--
(A) to compensate victims of the Hermit's Peak/Calf Canyon
Fire, for injuries resulting from the fire; and
(B) to provide for the expeditious consideration and
settlement of claims for those injuries.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Federal Emergency Management
Agency; or
(B) if a Manager is appointed under subsection (c)(1)(C),
the Manager.
(2) Hermit's peak/calf canyon fire.--The term ``Hermit's
Peak/Calf Canyon Fire'' means--
(A) the fire resulting from the initiation by the Forest
Service of a prescribed burn in the Santa Fe National Forest
in San Miguel County, New Mexico, on April 6, 2022;
(B) the pile burn holdover resulting from the prescribed
burn by the Forest Service, which reemerged on April 19,
2022; and
(C) the merger of the two fires described in subparagraphs
(A) and (B), reported as the Hermit's Peak Fire or the
Hermit's Peak Fire/Calf Canyon Fire.
(3) Indian tribe.--The term ``Indian Tribe'' means the
recognized governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component
band, or component reservation individually identified
(including parenthetically) in the list published most
recently as of the date of enactment of this Act pursuant to
section 104 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 5131).
[[Page H7462]]
(4) Injured person.--The term ``injured person'' means--
(A) an individual, regardless of the citizenship or alien
status of the individual; or
(B) an Indian Tribe, corporation, Tribal corporation,
partnership, company, association, county, township, city,
State, school district, or other non-Federal entity
(including a legal representative) that suffered injury
resulting from the Hermit's Peak/Calf Canyon Fire.
(5) Injury.--The term ``injury'' has the same meaning as
the term ``injury or loss of property, or personal injury or
death'' as used in section 1346(b)(1) of title 28, United
States Code.
(6) Manager.--The term ``Manager'' means an Independent
Claims Manager appointed under subsection (c)(1)(C).
(7) Office.--The term ``Office'' means the Office of
Hermit's Peak/Calf Canyon Fire Claims established by
subsection (c)(1)(B).
(8) Tribal entity.--The term ``Tribal entity'' includes any
Indian Tribe, tribal organization, Indian-controlled
organization serving Indians, Native Hawaiian organization,
or Alaska Native entity, as such terms are defined or used in
section 166 of the Workforce Innovation and Opportunity Act
(25 U.S.C. 5304).
(c) Compensation for Victims of Hermit's Peak/Calf Canyon
Fire.--
(1) In general.--
(A) Compensation.--Each injured person shall be entitled to
receive from the United States compensation for injury
suffered by the injured person as a result of the Hermit's
Peak/Calf Canyon Fire.
(B) Office of hermit's peak/calf canyon fire claims.--
(i) In general.--There is established within the Federal
Emergency Management Agency an Office of Hermit's Peak/Calf
Canyon Fire Claims.
(ii) Purpose.--The Office shall receive, process, and pay
claims in accordance with this section.
(iii) Funding.--The Office--
(I) shall be funded from funds made available to the
Administrator under this section;
(II) may appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the
provisions of title 5, United States Code, governing
appointments in competitive service; and
(III) may reimburse other Federal agencies for claims
processing support and assistance.
(C) Option to appoint independent claims manager.--The
Administrator may appoint an Independent Claims Manager to--
(i) head the Office; and
(ii) assume the duties of the Administrator under this
section.
(2) Submission of claims.--Not later than 2 years after the
date on which regulations are first promulgated under
paragraph (6), an injured person may submit to the
Administrator a written claim for 1 or more injuries suffered
by the injured person in accordance with such requirements as
the Administrator determines to be appropriate.
(3) Investigation of claims.--
(A) In general.--The Administrator shall, on behalf of the
United States, investigate, consider, ascertain, adjust,
determine, grant, deny, or settle any claim for money damages
asserted under paragraph (2).
(B) Applicability of state law.--Except as otherwise
provided in this section, the laws of the State of New Mexico
shall apply to the calculation of damages under paragraph
(4)(D).
(C) Extent of damages.--Any payment under this section--
(i) shall be limited to actual compensatory damages
measured by injuries suffered; and
(ii) shall not include--
(I) interest before settlement or payment of a claim; or
(II) punitive damages.
(4) Payment of claims.--
(A) Determination and payment of amount.--
(i) In general.--
(I) Payment.--Not later than 180 days after the date on
which a claim is submitted under this section, the
Administrator shall determine and fix the amount, if any, to
be paid for the claim.
(II) Priority.--The Administrator, to the maximum extent
practicable, shall pay subrogation claims submitted under
this section only after paying claims submitted by injured
parties that are not insurance companies seeking payment as
subrogees.
(ii) Parameters of determination.--In determining and
settling a claim under this section, the Administrator shall
determine only--
(I) whether the claimant is an injured person;
(II) whether the injury that is the subject of the claim
resulted from the fire;
(III) the amount, if any, to be allowed and paid under this
section; and
(IV) the person or persons entitled to receive the amount.
(iii) Insurance and other benefits.--
(I) In general.--In determining the amount of, and paying,
a claim under this section, to prevent recovery by a claimant
in excess of actual compensatory damages, the Administrator
shall reduce the amount to be paid for the claim by an amount
that is equal to the total of insurance benefits (excluding
life insurance benefits) or other payments or settlements of
any nature that were paid, or will be paid, with respect to
the claim.
(II) Government loans.--This subparagraph shall not apply
to the receipt by a claimant of any government loan that is
required to be repaid by the claimant.
(B) Partial payment.--
(i) In general.--At the request of a claimant, the
Administrator may make 1 or more advance or partial payments
before the final settlement of a claim, including final
settlement on any portion or aspect of a claim that is
determined to be severable.
(ii) Judicial decision.--If a claimant receives a partial
payment on a claim under this section, but further payment on
the claim is subsequently denied by the Administrator, the
claimant may--
(I) seek judicial review under paragraph (9); and
(II) keep any partial payment that the claimant received,
unless the Administrator determines that the claimant--
(aa) was not eligible to receive the compensation; or
(bb) fraudulently procured the compensation.
(C) Rights of insurer or other third party.--If an insurer
or other third party pays any amount to a claimant to
compensate for an injury described in paragraph (1), the
insurer or other third party shall be subrogated to any right
that the claimant has to receive any payment under this
section or any other law.
(D) Allowable damages.--
(i) Loss of property.--A claim that is paid for loss of
property under this section may include otherwise
uncompensated damages resulting from the Hermit's Peak/Calf
Canyon Fire for--
(I) an uninsured or underinsured property loss;
(II) a decrease in the value of real property;
(III) damage to physical infrastructure, including
irrigation infrastructure such as acequia systems;
(IV) a cost resulting from lost subsistence from hunting,
fishing, firewood gathering, timbering, grazing, or
agricultural activities conducted on land damaged by the
Hermit's Peak/Calf Canyon Fire;
(V) a cost of reforestation or revegetation on Tribal or
non-Federal land, to the extent that the cost of
reforestation or revegetation is not covered by any other
Federal program; and
(VI) any other loss that the Administrator determines to be
appropriate for inclusion as loss of property.
(ii) Business loss.--A claim that is paid for injury under
this section may include damages resulting from the Hermit's
Peak/Calf Canyon Fire for the following types of otherwise
uncompensated business loss:
(I) Damage to tangible assets or inventory.
(II) Business interruption losses.
(III) Overhead costs.
(IV) Employee wages for work not performed.
(V) Any other loss that the Administrator determines to be
appropriate for inclusion as business loss.
(iii) Financial loss.--A claim that is paid for injury
under this section may include damages resulting from the
Hermit's Peak/Calf Canyon Fire for the following types of
otherwise uncompensated financial loss:
(I) Increased mortgage interest costs.
(II) An insurance deductible.
(III) A temporary living or relocation expense.
(IV) Lost wages or personal income.
(V) Emergency staffing expenses.
(VI) Debris removal and other cleanup costs.
(VII) Costs of reasonable efforts, as determined by the
Administrator, to reduce the risk of wildfire, flood, or
other natural disaster in the counties impacted by the
Hermit's Peak/Calf Canyon Fire to risk levels prevailing in
those counties before the Hermit's Peak/Calf Canyon Fire,
that are incurred not later than the date that is 3 years
after the date on which the regulations under paragraph (6)
are first promulgated.
(VIII) A premium for flood insurance that is required to be
paid on or before May 31, 2024, if, as a result of the
Hermit's Peak/Calf Canyon Fire, a person that was not
required to purchase flood insurance before the Hermit's
Peak/Calf Canyon Fire is required to purchase flood
insurance.
(IX) A disaster assistance loan received from the Small
Business Administration.
(X) Any other loss that the Administrator determines to be
appropriate for inclusion as financial loss.
(5) Acceptance of award.--The acceptance by a claimant of
any payment under this section, except an advance or partial
payment made under paragraph (4)(B), shall--
(A) be final and conclusive on the claimant, with respect
to all claims arising out of or relating to the same subject
matter; and
(B) constitute a complete release of all claims against the
United States (including any agency or employee of the United
States) under chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act''), or any
other Federal or State law, arising out of or relating to the
same subject matter.
(6) Regulations and public information.--
(A) Regulations.--Notwithstanding any other provision of
law, not later than 45 days after the date of enactment of
this section, the Administrator shall promulgate and publish
in the Federal Register interim final regulations for the
processing and payment of claims under this section.
(B) Public information.--
(i) In general.--At the time at which the Administrator
promulgates regulations under subparagraph (A), the
Administrator shall publish, online and in print, in
newspapers of general circulation in the State of New Mexico,
a clear, concise, and easily understandable explanation, in
English and Spanish, of--
(I) the rights conferred under this section; and
(II) the procedural and other requirements of the
regulations promulgated under subparagraph (A).
(ii) Dissemination through other media.--The Administrator
shall disseminate the explanation published under clause (i)
through websites, blogs, social media, brochures, pamphlets,
radio, television, and other media that the Administrator
determines are likely to reach prospective claimants.
(7) Consultation.--In administering this section, the
Administrator shall consult with the
[[Page H7463]]
Secretary of the Interior, the Secretary of Energy, the
Secretary of Agriculture, the Administrator of the Small
Business Administration, other Federal agencies, and State,
local, and Tribal authorities, as determined to be necessary
by the Administrator, to--
(A) ensure the efficient administration of the claims
process; and
(B) provide for local concerns.
(8) Election of remedy.--
(A) In general.--An injured person may elect to seek
compensation from the United States for 1 or more injuries
resulting from the Hermit's Peak/Calf Canyon Fire by--
(i) submitting a claim under this section;
(ii) filing a claim or bringing a civil action under
chapter 171 of title 28, United States Code (commonly known
as the ``Federal Tort Claims Act''); or
(iii) bringing an authorized civil action under any other
provision of law.
(B) Effect of election.--An election by an injured person
to seek compensation in any manner described in subparagraph
(A) shall be final and conclusive on the claimant with
respect to all injuries resulting from the Hermit's Peak/Calf
Canyon Fire that are suffered by the claimant.
(C) Arbitration.--
(i) In general.--Not later than 45 days after the date of
enactment of this Act, the Administrator shall establish by
regulation procedures under which a dispute regarding a claim
submitted under this section may be settled by arbitration.
(ii) Arbitration as remedy.--On establishment of
arbitration procedures under clause (i), an injured person
that submits a disputed claim under this section may elect to
settle the claim through arbitration.
(iii) Binding effect.--An election by an injured person to
settle a claim through arbitration under this subparagraph
shall--
(I) be binding; and
(II) preclude any exercise by the injured person of the
right to judicial review of a claim described in paragraph
(9).
(D) No effect on entitlements.--Nothing in this section
affects any right of a claimant to file a claim for benefits
under any Federal entitlement program.
(9) Judicial review.--
(A) In general.--Any claimant aggrieved by a final decision
of the Administrator under this section may, not later than
60 days after the date on which the decision is issued, bring
a civil action in the United States District Court for the
District of New Mexico, to modify or set aside the decision,
in whole or in part.
(B) Record.--The court shall hear a civil action under
subparagraph (A) on the record made before the Administrator.
(C) Standard.--The decision of the Administrator
incorporating the findings of the Administrator shall be
upheld if the decision is supported by substantial evidence
on the record considered as a whole.
(10) Attorney's and agent's fees.--
(A) In general.--No attorney or agent, acting alone or in
combination with any other attorney or agent, shall charge,
demand, receive, or collect, for services rendered in
connection with a claim submitted under this section, fees in
excess of the limitations established under section 2678 of
title 28, United States Code.
(B) Violation.--An attorney or agent who violates
subparagraph (A) shall be fined not more than $10,000.
(11) Waiver of requirement for matching funds.--
(A) State and local project.--
(i) In general.--Notwithstanding any other provision of
law, a State or local project that is determined by the
Administrator to be carried out in response to the Hermit's
Peak/Calf Canyon Fire under any Federal program that applies
to an area affected by the Hermit's Peak/Calf Canyon Fire
shall not be subject to any requirement for State or local
matching funds to pay the cost of the project under the
Federal program.
(ii) Federal share.--The Federal share of the costs of a
project described in clause (i) shall be 100 percent.
(B) Other needs program assistance.--Notwithstanding
section 408(g)(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any
emergency or major disaster declared by the President under
that Act for the Hermit's Peak/Calf Canyon Fire, the Federal
share of assistance provided under that section shall be 100
percent.
(12) Applicability of debt collection requirements.--
Section 3711(a) of title 31, United States Code, shall not
apply to any payment under this section, unless--
(A) there is evidence of civil or criminal fraud,
misrepresentation, presentation of a false claim; or
(B) a claimant was not eligible under paragraph (4)(B) of
this section to any partial payment.
(13) Indian compensation.--Notwithstanding any other
provision of law, in the case of an Indian Tribe, a Tribal
entity, or a member of an Indian Tribe that submits a claim
under this section--
(A) the Bureau of Indian Affairs shall have no authority
over, or any trust obligation regarding, any aspect of the
submission of, or any payment received for, the claim;
(B) the Indian Tribe, Tribal entity, or member of an Indian
Tribe shall be entitled to proceed under this section in the
same manner and to the same extent as any other injured
person; and
(C) except with respect to land damaged by the Hermit's
Peak/Calf Canyon Fire that is the subject of the claim, the
Bureau of Indian Affairs shall have no responsibility to
restore land damaged by the Hermit's Peak/Calf Canyon Fire.
(14) Report.--Not later than 1 year after the date of
promulgation of regulations under paragraph (6)(A), and
annually thereafter, the Administrator shall submit to
Congress a report that describes the claims submitted under
this section during the year preceding the date of submission
of the report, including, for each claim--
(A) the amount claimed;
(B) a brief description of the nature of the claim; and
(C) the status or disposition of the claim, including the
amount of any payment under this section.
(15) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 105. FIRE MANAGEMENT ASSISTANCE COST SHARE.
(a) In General.--Section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Federal Share.--The Federal share of assistance under
this section shall be not less than 75 percent of the
eligible cost of such assistance.''.
(b) Applicability.--The amendment made by subsection (a)
shall only apply to amounts appropriated on or after the date
of enactment of this Act.
(c) Rulemaking.--Not later than 3 years after the date of
enactment of this Act, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall conduct and complete a rulemaking to provide criteria
for the circumstances under which the Administrator may
recommend the President increase the Federal cost share for
section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187). Such criteria
shall include a threshold metric that assesses the financial
impact to a State or local government from responding to a
fire for which fire management assistance is being provided.
SEC. 106. TRANSITIONAL SHELTERING ASSISTANCE.
(a) Definitions.--In this section:
(1) Individual at risk of wildfire smoke related illness.--
The term ``individual at risk of wildfire smoke related
illness'' means an individual, living in an area where the
air quality index is determined to be unhealthy for not less
than 3 consecutive days as a result of a wildfire, who is--
(A) a low-income individual;
(B) a parent or guardian with a child who has not attained
19 years of age;
(C) a pregnant woman;
(D) an individual who is 65 years of age or older;
(E) an individual with chronic respiratory or
cardiovascular illness; or
(F) an individual with a chronic disease that is
exacerbated by smoke inhalation.
(2) Low-income individual.--The term ``low-income
individual'' means an individual from a family whose taxable
income (as defined in section 63 of the Internal Revenue Code
of 1986) for the preceding year did not exceed 200 percent of
an amount equal to the poverty level, as determined by using
criteria of poverty established by the Bureau of the Census.
(3) Qualified entity.--The term ``qualified entity''
means--
(A) a State or unit of local government;
(B) a local public health authority; and
(C) a coordinated care organization.
(b) Transitional Sheltering Assistance Program.--In
carrying out the Transitional Sheltering Assistance Program
of the Federal Emergency Management Agency under section 403
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b), the President shall--
(1) provide assistance to a qualified entity to purchase
and provide, to an individual at risk of wildfire smoke
related illness, smoke-inhalation prevention equipment,
including--
(A) a portable air filtration unit;
(B) an air filter;
(C) a face mask or respirator, such as--
(i) an N95 respirator;
(ii) a P100 respirator; or
(iii) other equipment certified by the National Institute
for Occupational Safety and Health to protect from airborne
particle exposure;
(D) low-cost equipment to keep smoke out of a house, such
as:
(i) a weather strip;
(ii) not more than 1 portable air-conditioning unit per
household;
(iii) ventilation equipment;
(iv) a screening and shading device; or
(v) a window covering; or
(E) other similarly effective devices; and
(2) in any case in which smoke-inhalation prevention
equipment is not sufficient to mitigate the risk of illness,
provide cost-efficient transitional shelter assistance to an
individual at risk of wildfire smoke related illness.
(c) Applicability.--The amendments made by this section
shall apply with respect to any amounts appropriated after
the date of enactment of this Act.
SEC. 107. GRID RESILIENCE STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Federal Energy Regulatory
Commission and the Department of Energy shall jointly--
(1) conduct a study on the need for, and feasibility of,
establishing or modifying a reliability standard to ensure
the reliable operation of thermoelectric power plants during
droughts; and
(2) submit to the appropriate committees of Congress the
results of such study.
(b) Definitions.--In this section, the term ``appropriate
committees of Congress'' means--
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(1) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 108. NONNATIVE PLANT SPECIES REMOVAL GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
partnership between 2 or more entities that--
(A) shall include--
(i) at least 1 flood control district; and
(ii) at least 1 city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State or Indian tribe (as defined in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)); and
(B) may include any other entity (such as a nonprofit
organization or institution of higher education), as
determined by the Secretary.
(2) Nonnative plant species.--The term ``nonnative plant
species'' means a plant species that--
(A) is nonnative or alien to an ecosystem; and
(B) if introduced to that ecosystem, will cause, or is
likely to cause, economic harm, environmental harm, or harm
to human health.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Establishment.--The Secretary shall establish a grant
program to award grants, on a competitive basis, to eligible
entities--
(1) to remove nonnative plant species in riparian areas
that contribute to drought conditions;
(2) to replace those nonnative plant species with native
plant species; and
(3) to maintain and monitor riparian areas in which
nonnative plant species have been removed and replaced.
(c) Applications.--
(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including--
(A) a plan for how the eligible entity will use grant funds
to carry out the activities described in paragraphs (1)
through (3) of subsection (b);
(B) a description of the manner in which the eligible
entity has carried out the consultation required under
paragraph (2); and
(C) information demonstrating that each native plant
species described in subsection (b)(2) will--
(i)(I) reduce flood risk;
(II) improve hydrology and water storage capacities; or
(III) reduce fire hazard; and
(ii) protect and restore rivers and streams and associated
riparian habitats, including fish and wildlife resources that
are dependent on those habitats.
(2) Consultation.--An eligible entity seeking a grant under
this section shall consult with local stakeholders, including
conservation groups, to create the plan described in
paragraph (1)(A).
(d) Report.--An eligible entity that receives a grant under
this section shall submit to the Secretary a report at such
time, in such manner, and containing such information as the
Secretary may require, including information on methodology
and outcomes of nonnative plant species removal and
replacement efforts.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
fiscal year 2023 and each fiscal year thereafter.
SEC. 109. CENTERS OF EXCELLENCE FOR RESEARCH ON WILDFIRE
SMOKE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish at institutions of higher
education 4 centers, each of which shall be known as a
``Center of Excellence for Wildfire Smoke'', to carry out
research relating to--
(1) the effects on public health of smoke emissions from
wildland fires; and
(2) the means by which communities can better respond to
the impacts of emissions from wildland fires.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $10,000,000 for each of fiscal years 2023 through
2027.
SEC. 110. COMMUNITY SMOKE PLANNING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a competitive grant
program to assist eligible entities described in subsection
(b) in developing and implementing collaborative community
plans for mitigating the impacts of smoke emissions from
wildland fires.
(b) Eligible Entities.--An entity that is eligible to
submit an application for a grant under subsection (a) is--
(1) a State, as defined in section 302 of the Clean Air Act
(42 U.S.C. 7602);
(2) an air pollution control agency, as defined in section
302 of the Clean Air Act (42 U.S.C. 7602);
(3) a municipality, as defined in section 302 of the Clean
Air Act (42 U.S.C. 7602); or
(4) an Indian tribe, as defined in section 302 of the Clean
Air Act (42 U.S.C. 7602).
(c) Applications.--To be eligible to receive a grant under
subsection (a), an eligible entity described in subsection
(b) shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(d) Technical Assistance.--The Administrator may use
amounts made available to carry out this section to provide
to eligible entities described in subsection (b) technical
assistance in--
(1) submitting grant applications under subsection (c); or
(2) carrying out projects using a grant under this section.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $50,000,000 for each of fiscal years 2023 through
2027.
SEC. 111. DISASTER EQUITY AND FAIRNESS.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``emergency'' means an emergency declared or
determined to exist by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5191);
(4) the terms ``Indian tribal government'' and ``local
government'' have the meanings given such terms in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122); and
(5) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(b) Increase Cost-share for Consecutive Impacts.--
(1) In general.--Notwithstanding the provisions of law
described in paragraph (2), for assistance provided under
sections 403, 404, 406, 408, 420, and 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b, 5170c, 5172, 5174, 5187, 5189f) to a local
government or Indian tribal government in connection with the
second, or subsequent, major disaster during any 3-year
period, the Federal share shall be not less than 90 percent
of the eligible cost of such assistance.
(2) Provisions.--The provisions of law described in this
paragraph are sections 403(b), 403(c)(4), 404(a), 406(b),
408(d), 408(g)(2), 420(a), and 428(e)(2)(B) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b), 5174(d),
5174(g)(2), 5187(a), 5189f(e)(2)).
(c) State and Local Plans for Meal Delivery.--
(1) In general.--Title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.) is amended by adding at the end the following:
``SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY.
``(a) In General.--The Administrator may provide assistance
to a State, local government, or Indian tribal government to
reimburse the cost of coordinating food delivery, production,
and distribution in the event of a major disaster,
including--
``(1) establishing a network to coordinate food delivery,
production, and distribution with businesses and private
nonprofit organizations;
``(2) establishing contracts with small and mid-sized
restaurants, food vendors, and private nonprofit
organizations, including faith-based organizations, food
banks, and soup kitchens, to prepare healthy meals for people
in need; and
``(3) partnering with private nonprofit organizations,
including faith-based organizations, food banks, and soup
kitchens to purchase directly from food producers and
farmers.
``(b) Federal Share.--The Federal share of the cost of an
activity carried out using assistance under this section
shall be--
``(1) not less than 90 percent of the eligible cost of food
delivery, production, and distribution during the 30-day
period beginning on the date of the declaration of the major
disaster; and
``(2) not less than 90 percent of such eligible cost after
the end of the 30-day period described in paragraph (1).''.
(2) Emergencies.--Section 502(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)) is amended--
(A) in paragraph (7), by striking ``and'' at the end;
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) provide assistance for food delivery, production, and
distribution in accordance with section 431; and''.
(3) Guidance.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
comprehensive guidance to States, local governments, and
Indian tribal governments regarding receiving reimbursement
for the cost of food delivery, production, and distribution
in the event of an emergency or major disaster under section
431 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as added by paragraph (1), including--
(A) establishing a coordination network;
(B) enabling streamlined arrangements for food production
and distribution; and
(C) streamlined contracting and partnering with private
nonprofit organizations such that private nonprofit
organizations may apply directly for reimbursement under such
section as an agent of a State, local government, or Indian
tribal government.
(d) Applicability.--The amendments made by this section
shall apply with respect to any amounts appropriated after
the date of enactment of this Act.
SEC. 112. FEMA IMPROVEMENT, REFORM, AND EFFICIENCY.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
[[Page H7465]]
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate;
and
(B) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives;
(4) the term ``emergency'' means an emergency declared or
determined to exist by the President under section 501 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5191);
(5) the terms ``Indian tribal government'', ``local
government'', and ``State'' have the meanings given such
terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122); and
(6) the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).
(b) Report on Relocation Assistance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit a
report regarding the use of relocation assistance under
sections 203, 404, and 406 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170c,
5172) for wildfire risk to the appropriate committees of
Congress.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) Any information on relocation projects that have been
carried out due to fire risks or denied by the Agency,
including the number and value of projects either carried out
or denied.
(B) A discussion of the possible benefits or disadvantages
of providing relocation assistance that may reduce, but not
eliminate, the risk of loss due to wildfires.
(C) A discussion of how the Agency may optimize relocation
assistance when entire States or geographic areas are
considered subject to a fire risk.
(D) An analysis of whether other mitigation measures are
more cost-effective than relocation assistance when the
applicant is applying to move from a high-risk to a medium-
risk or low-risk area with respect to wildfires.
(E) An analysis of the need for the Federal Government to
produce wildfire maps that identify high-risk, moderate-risk,
and low-risk wildfire zones.
(F) An analysis of whether other mitigation measures
promote greater resilience to wildfires when compared to
relocation or, if additional data is required in order to
carry out such an analysis, a discussion of the additional
data required.
(G) A discussion of the ability of States, local
governments, and Indian tribal governments to demonstrate
fire risk, and whether the level of this ability impacts the
ability of States, local governments, or Indian tribal
governments to access relocation assistance, including an
assessment of existing fire mapping products and capabilities
and recommendations on redressing any gaps in the ability of
the Agency to assist States, local governments, and Indian
tribal governments in demonstrating fire risk.
(H) An evaluation of--
(i) the scope of the data available to the Agency regarding
historical wildfire losses;
(ii) how such data is utilized in benefit-cost analysis
determinations by the Agency;
(iii) what additional data, if any, may be pertinent to
such determinations; and
(iv) what, if any, alternative methods may be relevant to
the determination of cost effectiveness.
(I) A discussion of the extent to which the decision
process for relocation assistance appropriately considers the
change in future risks for wildfires due to a changing
climate.
(J) An analysis of whether statutes and regulations
regarding relocation assistance by the Agency present
barriers for States, local governments, or Indian tribal
governments trying to access funding to reduce wildfire risk.
(K) An analysis of--
(i) how, if at all, the Agency has modified policies and
procedures to determine the eligibility of proposed
relocation or mitigation projects with respect to wildfires;
(ii) the cost effectiveness of such projects, in light of
the increasing losses and obligations for wildfires in recent
years; and
(iii) the effectiveness of any modifications described in
clause (i).
(L) An analysis of how, if at all, recent changes in the
availability of fire insurance has resulted in modifications
of policy or procedure with respect to determining the cost
efficacy of relocation assistance for wildfires.
(M) An analysis of how to define repetitive loss and
repetitively damaged properties in the context of wildfires.
(N) A discussion of whether any legislative, regulatory, or
policy changes are necessary for the Agency to better
implement relocation assistance to reduce risk from
wildfires.
(O) Other related issues that the Administrator determines
appropriate.
(c) Red Flag Warnings and Predisaster Actions.--Not later
than 1 year after the date of enactment of this Act, the
Administrator, in coordination with the National Weather
Service of the National Oceanic and Atmospheric
Administration, shall--
(1) conduct a study of, develop recommendations for, and
initiate a process for the use of Red Flag Warnings and
similar weather alert and notification methods, including the
use of emerging technologies, to establish--
(A) plans and actions, consistent with law, that can be
implemented prior to a wildfire event, including pre-impact
disaster declarations and surge operations, that can limit
the impact, duration, or severity of the fire; and
(B) mechanisms to increase interagency collaboration to
expedite the delivery of disaster assistance; and
(2) submit to the appropriate committees of Congress a
comprehensive report regarding the study described in
paragraph (1), including any recommendations of the
Administrator, and the activities of the Administrator to
carry out paragraph (1).
(d) Assistance for Wildfire Damage.--Not later than 180
days after the date of enactment of this Act, the
Administrator shall brief the appropriate committees of
Congress regarding--
(1) the application for assistance and consistency of
assistance provided by the Agency in response to wildfires;
and
(2) the kinds of damage that result from wildfires.
(e) GAO Report on Gaps.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report that examines--
(1) gaps in the policies of the Agency related to
wildfires, when compared to other hazards;
(2) disparities in regulations and guidance issued by the
Administrator, including any oversight of the programs of the
Agency, when addressing impacts of wildfires and other
hazards;
(3) ways to shorten the period of time between the
initiating of and the distribution of assistance,
reimbursements, and grants;
(4) the effectiveness of the programs of the Agency in
addressing wildfire hazards;
(5) ways to improve the ability of the Agency to assist
States, local governments, and Indian tribal governments to
prepare for, respond to, recover from, and mitigate against
wildfire hazards;
(6) revising the application process for assistance
relating to wildfires to more effectively assess uninsured
and underinsured losses and serious needs; and
(7) ways to improve the disaster assistance programs of
agencies other than the Agency.
(f) Crisis Counseling Cultural Competency.--Section 416 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5183) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Cultural Competency.--The President shall, in
consultation with affected States, local governments, and
Indian tribal governments and cultural experts, ensure that
any individual providing professional counseling services to
victims of a major disaster as authorized under subsection
(a), including those working for nonprofit partners and
recovery organizations, is appropriately trained to address--
``(1) cultural competency and respectful care practices;
and
``(2) impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged
backgrounds.''.
(g) Case Management Cultural Competency.--Section 426 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189d) is amended--
(1) by striking ``The President'' and inserting the
following:
``(a) In General.--The President''; and
(2) by adding at the end the following:
``(b) Cultural Competency.--The President shall, in
consultation with affected States, local governments, and
Indian tribal governments and cultural experts, ensure that
any individual providing case management services to victims
of a major disaster as authorized under subsection (a),
including those working for nonprofit partners and recovery
organizations, is appropriately trained to address--
``(1) cultural competency and respectful care practices;
and
``(2) impacts from major disasters in communities, and to
individuals, with socio-economically disadvantaged
backgrounds.''.
(h) Study and Plan for Disaster Housing Assistance.--
(1) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall--
(A) conduct a study and develop a plan, consistent with
law, under which the Agency will address providing housing
assistance to survivors of major disasters or emergencies
when presented with challenges such as--
(i) the lack of proof of ownership or ownership
documentation;
(ii) the presence of multiple families within a single
household; and
(iii) the near loss of a community, with the majority of
homes destroyed in that community, including as a result of a
wildfire, earthquake, or other event causing a major
disaster; and
(B) make recommendations for legislative changes needed to
address--
(i) the unmet needs of survivors of major disasters or
emergencies who are unable to document or prove ownership of
the household;
(ii) the presence of multiple families within a single
household; and
(iii) the near loss of a community, with the majority of
homes destroyed in that community, including as a result of a
wildfire, earthquake, or other event causing a major
disaster.
(2) Comprehensive report.--The Administrator shall submit
to the appropriate committees of Congress a report that
provides a detailed discussion of the plans developed under
paragraph (1)(A) and the recommendations of the Administrator
under paragraph (1)(B).
(3) Briefing.--Not later than 30 days after submission of
the report and recommendations under paragraph (2), the
Administrator shall brief the appropriate committees of
Congress on the findings and any recommendations made
pursuant to this subsection.
(i) Reimbursement.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall brief the
appropriate committees of Congress regarding the extent to
which
[[Page H7466]]
the Agency is using housing solutions proposed by a State or
local government to reduce the time or cost required to
implement housing solutions after a major disaster.
(j) Wildfire Insurance Study by the National Academies.--
(1) Study.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall seek to enter
into an agreement with the National Academy of Sciences to
conduct a study of--
(i) potential solutions to address the availability and
affordability of insurance for wildfire perils in all regions
of the United States, including consideration of a national
all natural hazards insurance program;
(ii) the ability of States, communities, and individuals to
mitigate wildfire risks, including the affordability and
feasibility of such mitigation activities;
(iii) the current and potential future effects of land use
policies and building codes on the potential solutions;
(iv) the reasons why many properties at risk of wildfire
lack insurance coverage;
(v) the role of insurers in providing incentives for
wildfire risk mitigation efforts;
(vi) the state of catastrophic insurance and reinsurance
markets and the approaches in providing insurance protection
to different sectors of the population of the United States;
(vii) the role of the Federal Government and State and
local governments in providing incentives for feasible
wildfire risk mitigation efforts and the cost of providing
assistance in the absence of insurance;
(viii) the state of modeling and mapping wildfire risk and
solutions for accurately and adequately identifying future
wildfire risk;
(ix) approaches to insuring wildfire risk in the United
States; and
(x) such other issues that may be necessary or appropriate
for the report.
(B) Consultation.--The agreement to conduct the study
described in subparagraph (A) shall require that, in
conducting the study, the National Academy of Sciences shall
consult with State insurance regulators, consumer
organizations, representatives of the insurance and
reinsurance industry, policyholders, and other organizations
and experts, as appropriate.
(2) Submission.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to
Congress the results of the study commissioned under
paragraph (1).
(k) Increased Cap for Emergency Declarations Based on
Regional Cost of Living.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall brief
the appropriate committees of Congress regarding the benefits
and drawbacks of establishing a maximum amount for assistance
provided for an emergency that is based on the cost of living
in the region in which the emergency occurs.
(l) Facilitating Disposal of Temporary Transportable
Housing Units to Survivors.--Section 408(d)(2)(B)(i) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5174(d)(2)(B)(i)) is amended by inserting ``,
with priority given to a survivor of a major disaster who
suffered a property loss as a result of the major disaster''
after ``any person''.
(m) Deadline on Code Enforcement and Management Cost
Eligibility.--Section 406(a)(2)(D) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)(2)(D)) is amended by striking ``180 days'' and
inserting ``1 year''.
(n) Permit Applications for Tribal Upgrades to Emergency
Operations Centers.--Section 614(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c(a)) is amended by inserting ``and Indian tribal
governments'' after ``grants to States''.
(o) Applicability.--The amendments made by this section
shall apply with respect to any amounts appropriated after
the date of enactment of this Act.
SEC. 113. FIRE INVESTIGATIONS.
The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by adding at the end the
following:
``SEC. 38. INVESTIGATION AUTHORITIES.
``(a) In General.--In the case of any major fire, the
Administrator may send incident investigators, which may
include safety specialists, fire protection engineers, codes
and standards experts, researchers, and fire training
specialists, to the site of the fire to conduct an
investigation as described in subsection (b).
``(b) Investigation Required.--A fire investigation
conducted under this section--
``(1) shall be conducted in coordination and cooperation
with appropriate Federal, State, and local authorities,
including Federal agencies that are authorized to investigate
a major fire or an incident of which the major fire is a
part; and
``(2) shall examine the determined cause and origin of the
fire and assess broader systematic matters to include use of
codes and standards, demographics, structural
characteristics, smoke and fire dynamics (movement) during
the event, and costs of associated injuries and deaths.
``(c) Report.--Upon concluding any fire investigation under
this section, the Administrator shall issue a public report
to local, State, and Federal authorities on the findings of
such investigation, or collaborate with another investigating
Federal agency on that agency's report, including
recommendations on--
``(1) any other buildings with similar characteristics that
may bear similar fire risks;
``(2) improving tactical response to similar fires;
``(3) improving civilian safety practices;
``(4) assessing the costs and benefits to the community of
adding fire safety features; and
``(5) how to mitigate the causes of such fire.
``(d) Discretionary Authority.--In addition to
investigations conducted pursuant to subsection (a), the
Administrator may send fire investigators to conduct
investigations at the site of any fire with unusual or
remarkable context that results in losses less severe than
those occurring as a result of a major fire, in coordination
with appropriate Federal, State, and local authorities,
including Federal agencies that are authorized to investigate
a major fire or an incident of which the major fire is a
part.
``(e) Major Fire Defined.--For purposes of this section,
the term `major fire' shall have the meaning given such term
under regulations to be issued by the Administrator.''.
SEC. 114. CRITICAL INFRASTRUCTURE AND MICROGRID PROGRAM.
(a) Definitions.--In this section:
(1) Critical facility.--
(A) In general.--The term ``critical facility'' means a
facility that provides services or may be used--
(i) to save lives;
(ii) to protect property, public health, and public safety;
or
(iii) to lessen or avert the threat of a catastrophe.
(B) Inclusions.--The term ``critical facility'' includes--
(i) a hospital;
(ii) an outpatient clinic;
(iii) a nursing home;
(iv) a police station;
(v) an emergency operation center;
(vi) a jail or prison;
(vii) a fire station;
(viii) a facility in the communications sector, as
determined by the Secretary;
(ix) a facility in the chemical sector, as determined by
the Secretary;
(x) a school or other large building that may serve as a
temporary gathering space;
(xi) a utility station, such as a water and wastewater
station; and
(xii) a facility described in subparagraph (A) that is
owned or operated by, or provides services to, an Indian
Tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304));
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Critical Infrastructure and Microgrid Program.--
(1) In general.--The Secretary shall establish a program--
(A) to provide grants to improve the energy resilience and
power needs of critical facilities through the use of
microgrids, renewable energy, energy efficiency, reduced
electricity demand, and on-site storage;
(B) to provide grants to improve the energy efficiency of
critical facilities by decreasing the size and cost of
generators;
(C) to provide technical assistance and facilitate the
distribution and sharing of information to develop more
resilient electricity systems (including bulk systems and
localized systems); and
(D) to promulgate consumer-facing information and resources
to inform the public on best practices and resources related
to increasing resilience of electricity systems and reducing
the impacts of extreme weather events on electricity systems.
(2) Requirements.--In carrying out the program established
under paragraph (1), the Secretary shall ensure, with respect
to critical facilities--
(A) provision of on-site back-up power with renewable
resources, low-carbon liquid fuels, and on-site energy
storage technologies; and
(B) installation, at the transmission and distribution
level, of interoperable technologies, advanced power flow
control, dynamic line rating, topology optimization, and
communications systems.
(3) Interested party input.--In establishing the program
under paragraph (1), the Secretary shall seek the input of
State energy regulators, electric utilities (as defined in
section 3 of the Federal Power Act (16 U.S.C. 796)), regional
transmission organizations and independent system operators,
electric utility customers and ratepayer organizations, local
governments, community choice aggregators or regional energy
collaboratives, and other interested parties.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary $100,000,000 to carry out this section, to
remain available until expended.
(2) Administrative costs.--Of the amount authorized to be
appropriated to carry out this section, not more than 10
percent authorized to be appropriated for salaries and
expenses, administrative management, and oversight of the
program established under subsection (b)(1).
SEC. 115. ADVANCED TRANSMISSION TECHNOLOGY STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall--
(1) conduct a study on the ability of advanced transmission
technologies, including low sag advanced conductors, to
reduce the vulnerability of electric grid infrastructure to
energy disruptions caused by natural disasters and extreme
weather; and
(2) submit to the appropriate committees of Congress the
results of such study.
(b) Definitions.--In this section, the term ``appropriate
committees of Congress'' means--
(1) the Committee on Energy and Commerce of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
TITLE II--NATIONAL DISASTER SAFETY BOARD ACT
SEC. 201. ESTABLISHMENT AND PURPOSE.
(a) Organization.--There is established in the executive
branch a National Disaster Safety
[[Page H7467]]
Board, which shall be an independent establishment, as
defined in section 104 of title 5, United States Code.
(b) Purpose.--The purposes of the Board are--
(1) to reduce loss of life, injury, and economic injury
caused by future incidents by learning from natural hazards,
including the impacts and underlying factors of such
incidents, in a standardized way;
(2) to maintain a focus that is future-looking and national
in scope, by applying what the Board learns through the
trends that emerge from the incidents the Board reviews
nationally to prevent loss of life, or human or economic
injury, not only in the affected jurisdiction, but
nationally, as the Board determines relevant;
(3) in carrying out reviews, analyses, and recommendations,
not to be accusatory in nature and the Board shall not seek
to find blame in any individual or organization, or second-
guess any relevant authorities;
(4) to address systemic causes behind the loss of life and
human or economic injury in incidents, including by
recommending the augmentation of resources available to
entities responsible for managing incident consequences; and
(5) while preventing economic injury as part of the mission
of the Board, when relevant, to prioritize efforts that focus
on lifesaving and injury prevention, especially in
disproportionately impacted communities, as its work
determines them to be.
SEC. 202. GENERAL AUTHORITY.
(a) Authority To Review.--
(1) In general.--Subject to subsection (b), the Board shall
review and establish the facts, circumstances, and cause or
probable cause of the loss of life, human injury, and
economic injury due to a natural hazard with 10 or more
fatalities or that meets the requirements described in
paragraph (5) or (6) of subsection (b) that occurs after the
date of enactment of this Act.
(2) Due to a natural hazard incident defined.--For purposes
of paragraph (1), the term ``due to a natural hazard'' means
a fatality that, if not for the natural hazard incident, as
the case may be, would not have occurred within the time
frame of the incident, as defined by standards developed by
the Board.
(b) Determination of Whether Incident Warrants Board
Review.--In carrying out subsection (a), the Board--
(1) may begin the review of an incident, including by
monitoring the natural hazard and collecting facts, before
the total number of fatalities is known if the Board
determines that the natural hazard incident has the potential
to cause 10 or more fatalities at its onset, in accordance
with the policies and procedures established by the Board;
(2) may, by a two-thirds vote, decide that an incident that
caused 10 or more fatalities does not require a review and
shall issue a public statement explaining the determination;
(3) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of
this Act upon request from a representative of an affected
State, Tribal government, or unit of local government,
regardless of the number of fatalities;
(4) may, by a majority vote, decide to review any natural
hazard incident that occurs after the date of enactment of
this Act upon recommendation by the Office for the Protection
of Disproportionately Impacted Communities of the Board,
which the Office may make because of the incident's impacts
on populations that are socially, medically, or economically
vulnerable, as decided by the Office; and
(5) may, by a majority vote, decide to review a natural
hazard incident that occurs after the date of enactment of
this Act if--
(A) the Board determines that information may be gained by
the review that will be useful in reducing systemic causes
behind the loss of life and human or economic injury; and
(B) the incident--
(i) did not result in 10 or more fatalities; and
(ii)(I) could have resulted in a large number of fatalities
if not for swift intervention or a shift in the course of
events; or
(II) resulted in, as determined by the Board--
(aa) a significant amount of economic or infrastructure
damage;
(bb) significant human displacement; or
(cc) a significant number of severe non-fatal injuries or
cases of severe illness; and
(6) shall, by majority vote, determine whether each
incident for which the President issues a major disaster
declaration under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
meets the criteria for review under paragraph (5).
(c) Nature of Review.--
(1) In general.--In carrying out a review under this title,
the Board shall--
(A) conduct the review to determine the facts, conditions,
and circumstances relating to the loss of life, human injury,
and economic injury due to an incident;
(B) following an initial assessment of an incident by the
Board, notify any individual or organization that the Board
anticipates will be affected by the review as to the extent
of the expected review response of the Board;
(C) use the results of the review under subparagraph (A)
to--
(i) determine how and why people die and are injured during
an incident; and
(ii) issue recommendations to prevent or mitigate the loss
of life, human injury, or economic injury due to similar
incidents; and
(D) report on the facts and circumstances of the incident
review, including the pre-incident resilience or
vulnerabilities of the incident area or population.
(2) Generalized nature of reviews.--A review of loss of
life and injury conducted by the Board shall--
(A) be generalized;
(B) focus on trends across an incident; and
(C) not aim to determine the exact individual cause of
death or injury of any affected people.
(3) Fact-finding proceeding.--Any review of an incident by
the Board under this title shall be a fact-finding proceeding
with no adverse parties.
(4) Limitation of applicability of other acts.--
(A) Administrative procedure act.--Any review proceedings
of the Board under this title shall not be--
(i) subject to the Administrative Procedure Act (5 U.S.C.
551 et seq.); or
(ii) conducted for the purpose of determining the rights,
liabilities, or blame of any person, as the review is not an
adjudicatory proceeding.
(B) Paperwork reduction act.--Chapter 35 of title 44,
United States Code (commonly known as the ``Paperwork
Reduction Act''), shall not apply to the review proceedings
of the Board under this title.
(C) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(5) Initiating reviews.--The Board shall initiate a review
of an incident by monitoring the situation and assessing
available facts to determine the appropriate review response,
without interfering in any ongoing lifesaving and life
sustaining efforts underway by other entities.
(6) Alignment and coordination.--In carrying out this
title, the Board shall coordinate with Federal, State, local,
and Tribal entities to--
(A) establish or adopt standard methods of measuring the
impacts of natural hazards and accessing response capacity
and capabilities to maintain consistency and allow for the
analysis of trends over time;
(B) ensure that the standard data sets and formats
necessary for reviews developed under subparagraph (A) are
propagated among Federal, State, local, and tribal entities
that may be involved in response operations;
(C) leverage, to the extent practicable, data collected
using standard data sets and formats established under
subparagraph (B) by Federal entities involved in response
operations to avoid any duplication of data collection; and
(D) during incident response operations, coordinate with
partners active in the operation to collect data remotely or
take other actions that the Board finds necessary to align
and coordinate the requirements of the review with ongoing
operations, including through the requirements of paragraph
(7).
(7) Incident command.--The Board shall--
(A) recognize the role of incident command systems to
address incidents;
(B) observe the incident command system to identify and
coordinate review needs related to the preservation and
collection of information and evidence; and
(C) shall collect information and evidence from the
incident command in a timely and reasonable manner so as not
to interfere with the operations of the incident command.
(8) Parties to the review.--
(A) Participants.--Subject to subparagraph (B), the Board
may invite one or more entities to serve as a party in a
review on a voluntary basis, and any party participant shall
be required to follow all directions and instructions from
the Board.
(B) Eligible entity.--In designating an entity to serve as
a party under subparagraph (A), the Board may designate only
a Federal, State, or local government agency or private
organization whose employees, functions, activities, or
products were involved in the incident, including responsible
parties, and that can provide suitable qualified technical
personnel to actively assist in the review.
(C) Representatives of eligible entities.--To the extent
practicable, a representative proposed by an entity
designated as a party under subparagraph (A) to participate
in the review may not be an individual who had direct
involvement in the incident under review.
(D) Revocation of party status.--A designation as a party
under subparagraph (A) may be revoked or suspended by the
Board if the party fails to comply with assigned duties and
instructions, withholds information, or otherwise acts in a
manner prejudicial or disruptive to a review.
(E) Rule of construction.--Nothing in this paragraph shall
be construed to establish a right for any entity to
participate in a Board review as a party.
(F) Internal review by a party.--To assure coordination of
concurrent efforts, a party to a review that conducts or
authorizes an internal review of the processes and procedures
of the party as a result of an incident that the Board is
reviewing shall--
(i) inform the Board of the nature of the review; and
(ii) provide to the Board findings from the review.
(9) Review procedures.--In addition to any procedures
required under this title, the Board shall determine and
publish detailed review procedures as the Board determines
necessary.
(10) Products.--The Board may use any medium that will
effectively convey the findings and recommendations of the
Board to the targeted audience of such findings or
recommendations.
(d) Review by Affected Authorities.--
(1) In general.--When the Board has completed the findings
and recommendations or other products as a result of a review
under this title, the Board shall provide all affected
States, Tribal governments, and units of local government, or
their designees, an opportunity to review and comment not
later than 30 days before the publication of the findings or
recommendations.
(2) Requirement.--The Board shall make every reasonable
effort, within its discretion, to respond to requests for
additional information
[[Page H7468]]
and context that an affected jurisdiction may make and to
edit their findings and recommendations with any useful
additional information or context provided by any affected
jurisdiction in its comments without affecting the integrity
or independence of the review and its findings and
recommendations, as the Board shall determine.
(e) Disproportionately Impacted Communities.--
(1) In general.--In carrying out a review of an incident
under this section, including in determining whether to
launch a review, the Board shall ensure the potential
development of findings that would benefit the prevention of
loss of life and human or economic injury to populations that
are socially, medically, or economically vulnerable, as
decided by the Board.
(2) Data requirement.--To forward the analysis and
identification of trends of fatalities and injuries as a
result of incidents, the Board shall publish information
regarding the number of fatalities and injuries, and the
facts and circumstances surrounding them, disaggregated by
race, color or ethnicity, religion, nationality, sex, age,
disability, English proficiency, occupation, or economic
status, and other demographic characteristics that the Board
may determine appropriate.
(f) Coordination With Other Reviews and Investigations.--
(1) In general.--Subject to the requirements of this
section, a review of a natural hazard incident by the Board
under subsection (a)(1) shall have priority over any
investigation by another department, agency, or
instrumentality of the Federal Government or a State, Tribal,
or local government.
(2) Participation by other agencies.--The Board shall
provide for appropriate participation by other departments,
agencies, or instrumentalities in a review conducted by the
Board, except that another department, agency, or
instrumentality may not influence the final findings of the
Board.
(3) Coordination.--The Board shall coordinate with all
other Federal, State, Tribal, or local legally mandated
investigations or reviews and may share information with
those entities, according to policies and procedures that the
Board will provide, to ensure that appropriate findings and
recommendations to reduce loss of life, injury, and economic
injury caused by future incidents are produced as efficiently
as possible.
(4) Memoranda of understanding.--Not later than 1 year
after the date of enactment of this Act, and biennially
thereafter, the Chairman of the Board shall enter into
memoranda of understanding with the Director of the National
Institute of Standards and Technology, the Administrator of
the Federal Emergency Management Agency, the Chairman of the
Chemical Safety Board, and the Chairman of the National
Transportation Safety Board, respectively, and may enter into
additional memoranda of understanding with any other Federal
entity that requests such due to the relationship that the
requirements of the Federal entity may have with the
requirements with the Board, in order to--
(A) determine the appropriate roles and responsibilities of
the Board with respect to the other agency or board;
(B) avoid any duplication of effort; and
(C) ensure that appropriate findings and recommendations to
reduce loss of life, injury, and economic injury caused by
future incidents are provided.
(g) Participation in Support of Another Agency.--
(1) In general.--
(A) Investigation of acts of violence.--The Board may
participate in an investigation of an act of violence in
support of another Federal department or agency, or other
Federal investigative body with statutory authority to lead
such an investigation, if the head of the lead investigative
agency determines that the participation of the Board would
be beneficial to reduce the likelihood of the loss of life
and human or economic injury, for future similar incidents.
(B) Investigation of technological incidents.--
(i) In general.--The Board may participate in an
investigation of a technological incident--
(I) in support of another Federal department or agency, or
other Federal investigative body with statutory authority to
lead such an investigation, if the head of the lead
investigative agency determines that the participation of the
Board would be beneficial to reduce the likelihood of the
loss of life and human or economic injury, for future similar
incidents; or
(II) in the case of no statutory authority for another
Federal department or agency, or other Federal investigative
body, to lead such an investigation, as the lead
investigative entity.
(ii) Memoranda of understanding.--Not later than 1 year
after the date of enactment of this Act, and biennially
thereafter, the Chairman of the Board shall enter into
memoranda of understanding with the heads of appropriate
Federal agencies in order to--
(I) determine the appropriate roles and responsibilities of
the Board in investigating technological incidents with
respect to the other agency;
(II) avoid any duplication of effort; and
(III) ensure that appropriate findings and recommendations
to reduce loss of life, injury, and economic injury caused by
future incidents are provided.
(2) Findings.--If the Board participates in an act of
violence or technological incident investigation under
subparagraph (A), the Board may issue independent findings
and recommendations notwithstanding the outcome of any
investigation conducted by another Federal agency or other
Federal investigative body.
(3) Criminal circumstances.--If the Attorney General, in
consultation with the Chairperson, determines and notifies
the Board that circumstances reasonably indicate that the act
of violence or technological incident described in
subparagraph (A) may have been caused by an intentional
criminal act, the Board shall relinquish investigative
priority to the responsible Federal law enforcement entity.
(4) Rule of construction.--This section shall not be
construed to affect the authority of another department,
agency, or instrumentality of the Federal Government to
investigate an incident under applicable law or to obtain
information directly from the parties involved in, and
witnesses to, the incident. The Board and other departments,
agencies, and instrumentalities shall ensure that appropriate
information developed about the incident is exchanged in a
timely manner.
(h) Technical Assistance.--The Board may make the following
types of technical assistance available to Federal, State,
Tribal, and local government agencies and to private entities
as designated by a Federal, State, Tribal, or local
government agency:
(1) Independent review.--The Board shall disseminate best
practices to develop disaster investigation and review
capacity within State, Tribal, and local governments.
(2) Implementation of recommendations.--The Board--
(A) may provide technical assistance to any entity
identified as responsible for implementing a recommendation
under section 203(a)(1) to assist the entity in implementing
the recommendation; and
(B) to the extent possible, shall provide the technical
assistance described in subparagraph (A) in coordination with
technical assistance offered by another Federal department or
agency.
(3) Prioritization.--In offering technical assistance under
this subsection, the Board shall use a risk-based method of
prioritization, as the Board determines appropriate.
(i) Findings.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date on which the Board initiates
a review conducted under this section, the Board shall make
the findings and relevant underlying data of the review
available to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if
the Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public all available interim
findings and underlying data.
SEC. 203. RECOMMENDATIONS AND RESPONSES.
(a) In General.--If the Board issues a recommendation about
an incident, the Board shall--
(1) explain the relationship between any recommendation and
the results of a fact-finding review;
(2) identify each relevant entity responsible for making
the change called for in the recommendation, including State,
local, or private entities, as appropriate;
(3) publish any responses to the recommendation publicly;
and
(4) assess whether the responses adequately lower the
likelihood that a future similar incident will result in loss
of life, or human or economic injury in the view of the
Board.
(b) Federal Responses to Recommendations.--
(1) In general.--All Federal departments and agencies
identified in a recommendation made by the Board shall reply
to the recommendations not later than 90 days after the date
on which the recommendation is published by the Board.
(2) Response described.--A response under paragraph (1)
made by a Federal department or agency shall include--
(A) whether the department or agency intends to adopt the
recommendation in whole, in part, or not at all;
(B) an explanation of the reasons for only adopting the
recommendation in part or not at all; and
(C) a proposed timetable for completing the action the
Federal department or agency has agreed to.
(3) Progress updates.--A Federal department or agency that
agrees to adopt a recommendation of the Board shall--
(A) track the progress of the department or agency toward
completion; and
(B) provide an update to the Board, to be published
publicly, periodically, and not less frequently than
annually.
(c) Public Availability.--
(1) In general.--Not later than 1 year after the date on
which a final determination is made on a recommendation under
this section, the Board shall make a copy of the
recommendation and response to the recommendation available
to the public.
(2) Extension of deadline.--The Chairperson of the Board
may extend the 1-year period described in paragraph (1) if
the Chairperson, before the end of such 1-year period--
(A) provides an explanation for the extension; and
(B) makes available to the public any available interim
response to the recommendation and underlying data.
(d) Dissemination.--The Board shall propagate each
recommendation issued under this section, including by--
(1) incorporating the recommendation, and any related
findings, into training material used by Federal, State,
Tribal, and private training facilities specializing in
building resilience to and responding to and recovering from
natural hazards, as the Board deems appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
[[Page H7469]]
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 204. REPORTS AND STUDIES.
(a) Studies and Other Reports.--
(1) In general.--The Board shall annually submit a report
containing the information described in paragraph (2) to--
(A) Congress;
(B) any department, agency, or instrumentality of the
Federal Government concerned with natural hazards;
(C) all State and Tribal governments; and
(D) the general public.
(2) Information described.--The information described in
this paragraph is--
(A) the results of special studies on how to reduce
morbidity and mortality from incidents;
(B) an examination of techniques and methods of evaluating
measures to protect the public from incidents and
periodically publish recommended procedures for reviews;
(C) evaluation and examination of the effectiveness of the
findings of the Board about the natural hazard resilience of
other departments, agencies, and instrumentalities of the
Federal Government and their effectiveness in preventing loss
of life, or human or economic injury; and
(D) recommend meaningful responses to reduce the likelihood
of loss of life, or human or economic injury, according to
the findings of the above-mentioned research, including
national and regional policies and programs.
(b) Biennial Report.--Not later than June 1, 2023, and once
every 2 years thereafter, the Board shall submit a report to
Congress, which shall include--
(1) a statistical and analytical summary of the reviews
conducted and reviewed by the Board during the prior 2
calendar years;
(2) a survey and summary of the recommendations made by the
Board and the observed response to each recommendation,
including the classification, containing a written
justification and explanation of each recommendation as--
(A) open, if, in the determination of the Board, sufficient
action to fulfill the intent of the recommendation has not
been taken and still should be;
(B) closed, if, in the determination of the Board,
sufficient action to fulfill the intent of the recommendation
has been taken and no further action is necessary; and
(C) outdated, if, in the determination of the Board, the
recommendation is no longer relevant because of any change in
circumstances or actions by parties other than the intended
recipient of the recommendation;
(3) an assessment of efforts of Federal, State, Tribal, and
local governments to respond to recommendations made by the
Board, if such entities have voluntarily provided information
to the Board on the progress of the entity;
(4) a description of the training undertaken by the Board
and its staff and persons sponsored by the Board;
(5) a list of natural hazards that caused 10 or more
fatalities that the Board did not review and a recommendation
with justification by the Board of whether similar incidents
should be reviewed in the future;
(6) a recommendation on how, if at all, the thresholds and
triggers for a review by the Board should change;
(7) an assessment of the sufficiency of Federal resources
provided to State, Tribal, and local governments in aggregate
relative to any vulnerabilities that the Board determines the
governments have;
(8) a list of all requests for review from Governors of
States and territories and chief executives of Tribal
governments or recommended by the office established under
section 205(f)(2) that the Board rejected, including comments
and recommendations from the Board regarding whether similar
incidents should be reviewed in the future; and
(9) a list of ongoing reviews that have exceeded the
expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such review.
(c) Dissemination.--The Board shall propagate the
information described in subsection (a)(2), including by--
(1) incorporating the information into training material
used by Federal, State, Tribal, and private training
facilities specializing in building resilience to and
responding to and recovering from natural hazards, as the
Board deems appropriate;
(2) coordinating with professional associations related to
building resilience to and responding to and recovering from
natural hazards;
(3) collaborating with relevant Federal, State, and Tribal
authorities and private organizations; and
(4) coordinating with private and public institutions of
higher education and research institutions.
SEC. 205. APPOINTMENT AND ORGANIZATION.
(a) Appointment of Members.--
(1) In general.--The Board shall be composed of 7 members,
who shall, in accordance with paragraph (2) and subject to
paragraph (3), be appointed by the President, by and with the
advice and consent of the Senate.
(2) Procedure.--
(A) Initial appointments.--The President shall, in
consultation with the National Academies of Sciences,
Engineering, and Medicine and relevant professional
associations and leaders in the private sector, appoint the 7
members of the Board from among a list of 14 individuals
provided by both houses of Congress, of which--
(i) the majority leader of the Senate shall provide the
names of 4 individuals;
(ii) the minority leader of the Senate shall provide the
names of 3 individuals;
(iii) the Speaker of the House of Representatives shall
provide the names of 4 individuals; and
(iv) the minority leader of the House of Representatives
shall provide the names of 3 individuals.
(B) Subsequent appointments.--Any vacancy of the Board
shall be filled in the same manner as the original
appointment.
(3) Requirements.--Of the 7 members appointed under
paragraph (1)--
(A) not more than 4 members may be appointed from the same
political party;
(B) all members shall be appointed on the basis of
technical qualification, professional standing, and
demonstrated knowledge in emergency management, fire
management, emergency medical services, public-health,
physical sciences, social science, behavioral science, or
architectural and engineering with post-disaster evaluation
or building forensics expertise in their respective field;
(C) a minimum of 2 members shall have experience working at
the State or municipal level in 1 of the fields described in
subparagraph (B); and
(D) a minimum of 2 members shall have demonstrated
professional experience working with populations that have
historically been more vulnerable to incidents because of
their race, color, nationality, sex, age, disability, English
proficiency, or economic status.
(b) Terms of Office and Removal.--
(1) Term of office.--Except as provided in paragraph (2),
the term of office of each member shall be 5 years.
(2) Filling of vacancy.--An individual appointed to fill a
vacancy occurring before the expiration of the term for which
the predecessor of that individual was appointed is appointed
for the remainder of that term.
(3) Continuation until successor is appointed.--When the
term of office of a member ends, the member may continue to
serve until a successor is appointed and confirmed.
(4) Removal.--The President may remove a member only for
inefficiency, neglect of duty, or malfeasance in office.
Immediately upon removing a member of the Board, the
President shall issue a public statement that details how the
actions of the removed member met the criteria of this
paragraph.
(c) Chairperson and Vice Chairperson.--
(1) Chairperson.--The President shall designate, by and
with the advice and consent of the Senate, a member appointed
under subsection (b) to serve as the Chairperson of the
Board.
(2) Vice chairperson.--The President shall designate a
member appointed under subsection (b) to serve as the Vice
Chairperson of the Board and if the Chairperson is absent or
unable to serve, or if the position of Chairperson is vacant,
the Vice Chairperson shall act as the Chairperson.
(3) Term of office.--The Chairperson and Vice Chairperson
shall each serve in such position for a term of 3 years.
(d) Duties and Powers of Chairperson.--
(1) In general.--The Chairperson shall be the chief
executive and administrative officer of the Board.
(2) Powers.--Subject to the general policies and decisions
of the Board, the Chairperson shall--
(A) appoint and supervise officers and employees, other
than regular and full-time employees in the immediate offices
of another member, necessary to carry out this title;
(B) fix the pay of officers and employees necessary to
carry out this title;
(C) distribute business among the officers, employees, and
administrative units of the Board; and
(D) supervise the expenditures of the Board.
(e) Quorum.--
(1) In general.--Subject to paragraphs (2) and (3), 4
members of the Board shall constitute a quorum for purposes
of carrying out the duties and powers of the Board, subject
to the limitations in the remainder of this subsection.
(2) Party limitation.--Not less than 1 representative from
each party shall be present for a quorum to be established.
(3) Chairperson.--Either the Chairperson or Vice
Chairperson shall be present for a quorum to be established.
(f) Offices.--
(1) In general.--The Board shall establish such offices as
are necessary to carry out this title, which may include
offices responsible for--
(A) operations;
(B) science and methodology;
(C) review and evaluation;
(D) communications;
(E) external coordination; or
(F) technical assistance.
(2) Office for the protection of disproportionately
impacted communities.--
(A) In general.--The Board shall establish an office to
review and make recommendations to mitigate and prevent the
loss of life, or human or economic injury for vulnerable
populations, including populations that may be more
vulnerable because of their race, color, religion,
nationality, sex, age, disability, English proficiency, or
economic status, or other demographic characteristics that
the Board may determine appropriate.
(B) Responsibilities.--The office established under
paragraph (1) shall--
(i) provide recommendations to the Board for incidents to
review in accordance with section 202(b)(4) that do not
otherwise meet the requirements of section 202(b);
(ii) determine and maintain a list specific demographic,
economic, social, and health characteristics of populations
that historically have shown to be disproportionately
impacted by incidents;
(iii) during a review conducted by the Board, provide
research and analysis on how the incident impacts populations
that the Office determines to be disproportionately impacted;
[[Page H7470]]
(iv) provide recommendations for each review conducted by
the Board and for each report developed under section 204 on
actions that can be taken to reduce the impact to populations
that are found to be disproportionately impacted under clause
(ii); and
(v) provide training, and establish training requirements,
for Board members and staff in the fields of diversity,
inclusion, and equity in consultation with organizations
specializing in those fields.
(3) Regional offices.--In establishing offices under this
subsection, the Board may establish regional offices across
the United States to facilitate collaboration, coordination,
and the dissemination of findings, recommendations, and best
practices to State, Tribal, and local governments and the
private sector in such regions as the Board determines
appropriate.
(4) Purpose.--Each office established under this subsection
shall enable the Board to review, report on, and issue
recommendations to prevent the loss of life, human injury,
and economic injury and deliver technical assistance to
disseminate best practices in accordance with this title.
(g) Chief Financial Officer.--The Chairperson shall
designate an officer or employee of the Board to serve as the
Chief Financial Officer, who shall--
(1) report directly to the Chairperson on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and inventory
control; and
(3) review the fees, rents, and other charges imposed by
the Board for services and things of value it provides and
suggest appropriate revisions to those charges to reflect
costs incurred by the Board in providing those services and
things of value.
(h) Board Member Staff.--
(1) In general.--Each member of the Board shall appoint and
supervise regular and full-time employees in the immediate
office of the member as long as any such employee has been
approved for employment by the designated agency ethics
official under the same guidelines that apply to all
employees of the Board.
(2) Designation.--With respect to an individual appointed
under paragraph (1)--
(A) the member of the Board making the appointment shall
determine which grade of the General Schedule most closely
corresponds with respect to the duties and functions of the
position to which the individual is appointed; and
(B) during the period of the appointment--
(i) the individual shall be compensated at the appropriate
rate of pay for the grade of the General Schedule with
respect to which the determination is made under subparagraph
(A); and
(ii) for the purposes of title 5, United States Code, and
the rules issued under that title, the individual shall be
considered to be an employee, as that term is defined in
section 5331(a) of title 5, United States Code.
(3) Limitation.--Except for the Chairperson, the
appointment authority in paragraph (1) shall be limited to
the number of full-time equivalent positions, in addition to
1 senior professional staff position at a level not to exceed
the GS-15 level of the General Schedule and 1 administrative
staff position, allocated to each member of the Board through
the annual budget and allocation process of the Board.
(i) Detailed Staff.--
(1) Federal employees.--
(A) In general.--Upon request of the Board, the head of an
agency described in subparagraph (B), or any other Federal
department or agency that the Board may request, may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Board to assist the Board in
carrying out the duties of the Board under this title.
(B) Relevant agencies.--For purposes of subparagraph (A),
the following are agencies described in this subparagraph:
(i) The Federal Emergency Management Agency.
(ii) The Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
(iii) The National Oceanic and Atmospheric Administration,
including the National Weather Service.
(iv) The Department of Defense, including the Army Corps of
Engineers.
(v) The Department of Health and Human Services.
(vi) The National Institutes of Health.
(vii) The Centers for Disease Control and Prevention.
(viii) The Coast Guard.
(ix) The National Transportation Safety Board.
(x) The National Institute of Standards and Technology.
(xi) The Government Accountability Office.
(xii) The Department of the Interior, including the United
States Geological Survey.
(xiii) Any Office of the Inspector General.
(xiv) The Small Business Administration.
(xv) The Chemical Safety and Hazard Investigation Board.
(xvi) The Department of Housing and Urban Development.
(xvii) The Department of Agriculture.
(2) State, local, tribal, and research staff.--
(A) In general.--The Board may enter into agreements with
State, local, and Tribal governments and relevant nonprofit
institutions of higher education and research institutions to
request staff, with specialized experience that the Board
determines relevant, to be detailed to the Board, on a
reimbursable basis, and shall consult with relevant
associations and organizations of those entities in
developing an efficient process for requesting and receiving
detailed staff.
(B) Compensation.--The Board shall ensure that any staff
members detailed to the Board under this paragraph are
compensated equitably and shall pay differences in salaries
based on the experience of said staff and in consultation
with the Office of Personnel Management.
(3) Term of detail.--Any staff member detailed to the Board
under this section shall be detailed for a term of 1 year and
such detail may be extended for not more than two 1-year
terms.
(4) Limitations.--Under this subsection--
(A) not more than 25 percent of the total number of staff
members working for the Board at any time may be detailees or
otherwise nonpermanent staff;
(B) a detailee shall serve as an adviser or supplemental
professional staff in any office established by the Board
under subsection (g); and
(C) a detailee may not--
(i) determine any final findings or recommendations; and
(ii) be the sole decisionmaker in review or evaluation
methodologies.
(j) Seal.--The Board shall have a seal that shall be
judicially recognized.
(k) Open Meetings.--
(1) In general.--Except as provided in paragraph (2), the
Board shall be considered an agency for purposes of section
552b of title 5, United States Code.
(2) Nonpublic collaborative discussions.--
(A) In general.--Notwithstanding section 552b of title 5,
United States Code, a majority of the members may hold a
meeting that is not open to public observation to discuss
official agency business, if--
(i) no formal or informal vote or other official agency
action is taken at the meeting;
(ii) each individual present at the meeting is a member or
an employee of the Board;
(iii) at least 1 member of the Board from each political
party is present at the meeting, if applicable;
(iv) the General Counsel of the Board is present at the
meeting; and
(v) the records of the meeting, including the names of the
individuals in attendance, time, place, and summary to be as
thorough as the Board determines to be prudent, are posted
publicly and online.
(B) Disclosure of nonpublic collaborative discussions.--
Except as provided under subparagraphs (C) and (D), not later
than 2 business days after the conclusion of a meeting under
subparagraph (A), the Board shall make available to the
public, in a place easily accessible to the public--
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters, including key issues,
discussed at the meeting, except for any matter the Board
properly determines may be withheld from the public under
section 552b(c) of title 5, United States Code.
(C) Summary.--If the Board properly determines a matter may
be withheld from the public under section 552b(c) of title 5,
United States Code, the Board shall provide a summary with as
much general information as possible on each matter withheld
from the public.
(D) Active reviews.--If a discussion under subparagraph (A)
directly relates to an active review, the Board shall make
the disclosure under subparagraph (B) on the date the Board
adopts the final report.
(E) Preservation of open meetings requirements for agency
action.--Nothing in this paragraph may be construed to limit
the applicability of section 552b of title 5, United States
Code, with respect to a meeting of the members other than
that described in this paragraph.
(F) Statutory construction.--Nothing in this paragraph may
be construed--
(i) to limit the applicability of section 552b of title 5,
United States Code, with respect to any information which is
proposed to be withheld from the public under subparagraph
(B)(ii); or
(ii) to authorize the Board to withhold from any individual
any record that is accessible to that individual under
section 552a of title 5, United States Code.
SEC. 206. METHODOLOGY.
(a) In General.--The Board shall conduct each review, issue
each recommendation, develop each report, and deliver all
technical assistance authorized under this title using the
methods that are in accordance with relevant professional
best practices, including those by analogous review
organizations, academia, and government and private
organizations.
(b) Required Review.--The Board shall--
(1) review, on a regular basis, the methodologies of the
Board; and
(2) update the methodologies of the Board in accordance
with the findings of each review conducted under paragraph
(1).
(c) Requirement.--In establishing the methodologies of the
Board under this section, the Board shall incorporate all
relevant information from relevant Federal, State, and local
entities, including past experience with similar incidents,
exercises, risk assessments, and all other past research and
analysis.
(d) Transparency.--The Chairperson shall include with each
review report in which a recommendation is issued by the
Board a methodology section detailing the process and
information underlying the selection of each recommendation.
(e) Elements.--Except as provided in subsection (f), the
methodology section under subsection (a) shall include, for
each recommendation--
(1) a brief summary of the Board's collection and analysis
of the specific information most relevant to the
recommendation;
(2) a description of the Board's use of external
information, including studies, reports, and experts, other
than the findings of a specific review, if any were used to
inform or support the recommendation, including a brief
summary of
[[Page H7471]]
the specific resilience benefits and other effects identified
by each study, report, or expert; and
(3) a brief summary of actions, including important
examples, taken by regulated entities before the publication
of the recommendation, to the extent such actions are known
to the Board, that were consistent with the recommendation.
(f) Savings Clause.--
(1) In general.--Nothing in this section may be construed--
(A) to delay publication of the findings, cause, or
probable cause of a Board review;
(B) to delay the issuance of an urgent recommendation that
the Board has determined must be issued to avoid immediate
death, or human or economic injury; or
(C) to limit the number of examples the Board may consider
before issuing a recommendation.
(2) Limitation.--Notwithstanding paragraph (1), the Board
shall publish the methodology required under this section not
later than 30 days after the date on which the review is
initially published.
SEC. 207. ADMINISTRATIVE.
(a) Authority.--
(1) In general.--The Board, and when authorized by the
Board, a member of the Board, an administrative law judge
employed by or assigned to the Board, or an officer or
employee designated by the Chairperson, may conduct hearings
to carry out this title, administer oaths, and require, by
subpoena or otherwise, necessary witnesses and evidence.
(2) Subpoena authority.--A witness or evidence in a hearing
under paragraph (1) of this subsection may be summoned or
required to be produced from any place in the United States
to the designated place of the hearing. A witness summoned
under this subsection is entitled to the same fee and mileage
the witness would have been paid in a court of the United
States.
(3) Requirement.--A subpoena shall be issued under the
signature of the Chairperson or the Chairperson's designee,
but may be served by any person designated by the
Chairperson.
(4) Enforcement.--If a person disobeys a subpoena, order,
or inspection notice of the Board, the Board may bring a
civil action in a district court of the United States to
enforce the subpoena, order, or notice. An action under this
paragraph may be brought in the judicial district in which
the person against whom the action is brought resides, is
found, or does business. The court may punish a failure to
obey an order of the court to comply with the subpoena,
order, or notice as a contempt of court.
(b) Additional Powers.--The Board may--
(1) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United
States Code;
(2) make agreements and other transactions necessary to
carry out this title without regard to subsections (b), (c),
and (d) of section 6101 of title 41, United States Code;
(3) use, when appropriate, available services, equipment,
personnel, and facilities of a department, agency, or
instrumentality of the United States Government on a
reimbursable or other basis;
(4) confer with employees and use services, records, and
facilities of State and local governmental authorities;
(5) appoint advisory committees composed of qualified
private citizens and officials of the Government and State
and local governments as appropriate;
(6) accept voluntary and uncompensated services
notwithstanding another law;
(7) make contracts with private entities to carry out
studies related to duties and powers of the Board; and
(8) negotiate and enter into agreements with individuals
and private entities and departments, agencies, and
instrumentalities of the Federal Government, State, Tribal,
and local governments, and governments of foreign countries
for the provision of facilities, technical services, or
training in research theory and techniques, and require that
such entities provide appropriate consideration for the
reasonable costs of any facilities, goods, services, or
training provided by the Board.
(c) Collection of Funds.--The Board shall deposit in the
Treasury of the United States amounts received under
subsection (b)(8) of this subsection to be credited as
discretionary offsetting collections to the appropriation of
the Board, and shall be available only to the extent and in
the amounts provided in advance in appropriations Acts. The
Board shall maintain an annual record of collections received
under subsection (b)(8).
(d) Submission of Certain Copies to Congress.--
(1) In general.--When the Board submits to the President or
the Director of the Office of Management and Budget a budget
estimate, budget request, supplemental budget estimate, other
budget information, a legislative recommendation, prepared
testimony for congressional hearings, or comments on
legislation, the Board must submit a copy to Congress at the
same time.
(2) Limitation.--An officer, department, agency, or
instrumentality of the Government may not require the Board
to submit the estimate, request, information, recommendation,
testimony, or comments to another officer, department,
agency, or instrumentality of the Government for approval,
comment, or review before being submitted to Congress.
(3) Budget process.--The Board shall develop and approve a
process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office
of Management and Budget, or Congress under this subsection.
(e) Liaison Committees.--The Chairperson may determine the
number of committees that are appropriate to maintain
effective liaison with other departments, agencies, and
instrumentalities of the Federal Government, State and local
governmental authorities, and independent standard-setting
authorities that carry out programs and activities related to
its work. The Board may designate representatives to serve on
or assist those committees.
(f) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairperson, may conduct an inquiry
to obtain information related to natural hazard safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order
a department, agency, or instrumentality of the Federal
Government, a State, Tribal, or local governmental authority,
or a person transporting individuals or property in commerce
to submit to the Board a written report and answers to
requests and questions related to a duty or power of the
Board. The Board may prescribe the time within which the
report and answers must be given to the Board or to the
designated officer or employee. Copies of the report and
answers shall be made available for public inspection.
(g) Regulations.--The Board may prescribe regulations to
carry out this title.
(h) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of section
5542(a) of title 5, United States Code, for an employee of
the Board whose basic pay is at a rate which equals or
exceeds the minimum rate of basic pay for GS-10 of the
General Schedule, the Board may establish an overtime hourly
rate of pay for the employee with respect to work performed
in the field (including travel to or from) and other work
that is critical to a review in an amount equal to one and
one-half times the hourly rate of basic pay of the employee.
All of such amount shall be considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph
(1), for work performed in a calendar year, in an amount that
exceeds 25 percent of the annual rate of basic pay of the
employee for such calendar year.
(3) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5, United
States Code (or similar provision of law) and any special
rate of pay under section 5305 of such title 5 (or similar
provision of law).
(4) Annual report.--Not later than January 31, 2022, and
annually thereafter, the Board shall transmit to Congress a
report identifying the total amount of overtime payments made
under this subsection in the preceding fiscal year, and the
number of employees whose overtime pay under this subsection
was limited in that fiscal year as a result of the 25 percent
limit established by paragraph (2).
(i) Entry and Inspection.--
(1) In general.--An officer or employee of the Board--
(A) on display of appropriate credentials and written
notice of authority, may--
(i) enter an area where an incident has occurred;
(ii) take such actions as are necessary to conduct a review
under this section, so long as the actions do not interfere
with ongoing lifesaving and life-sustaining operations; and
(iii) during reasonable hours, inspect any record,
including an electronic record, process, control, or facility
related to an incident under this title.
(2) Requirement.--The Board shall use utmost discretion to
prevent interference with ongoing response efforts, including
by developing review procedures with input from relevant
authorities nationwide.
SEC. 208. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.
(a) Disclosure of Information.--
(1) In general.--Except as provided in subsections (b),
(c), (d), and (f) of this section, a copy of a record,
information, or review submitted or received by the National
Disaster Safety Board, or a member or employee of the Board,
shall be posted publicly.
(2) Rule of construction.--Nothing in this subsection shall
be construed to require the release of information described
in section 552(b) of title 5, United States Code, or
protected from disclosure by another law of the United
States.
(b) Trade Secrets.--
(1) In general.--The Board may disclose information related
to a trade secret referred to in section 1905 of title 18,
United States Code, only--
(A) to another department, agency, or instrumentality of
the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the
subject matter to which the information is related, when
requested by that committee;
(C) in a judicial proceeding under a court order that
preserves the confidentiality of the information without
impairing the proceeding; and
(D) to the public to protect health and safety after giving
notice to any interested person to whom the information is
related and an opportunity for that person to comment in
writing, or orally in closed session, on the proposed
disclosure, if the delay resulting from notice and
opportunity for comment would not be detrimental to health
and safety.
(2) Requirement.--Information disclosed under paragraph (1)
of this subsection may be disclosed only in a way designed to
preserve its confidentiality.
(3) Protection of voluntary submission of information.--
Notwithstanding any other provision of law, neither the
Board, nor any agency receiving information from the Board,
shall disclose voluntarily provided safety-related
information if that information is not related to
[[Page H7472]]
the exercise of the Board's review authority under this title
and if the Board finds that the disclosure of the information
would inhibit the voluntary provision of that type of
information.
(c) Recordings and Transcripts.--
(1) Confidentiality of recordings.--Except as provided in
paragraph (2), the Board may not disclose publicly any part
of an original recording or transcript of oral communications
or original and contemporary written communications between
Federal, State, Tribal, or local officials responding to an
incident under review by the Board.
(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from an audio or
video recording, or any still image obtained from a recording
the Board decides is relevant to the incident--
(A) if the Board holds a public hearing on the incident at
the time of the hearing; or
(B) if the Board does not hold a public hearing, at the
time a majority of the other factual reports on the incident
are placed in the public docket.
(3) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to recorded or written information
in making safety recommendations.
(d) Foreign Reviews.--
(1) In general.--Notwithstanding any other provision of
law, neither the Board, nor any agency receiving information
from the Board, shall disclose records or information
relating to its participation in foreign incident review,
except that--
(A) the Board shall release records pertaining to such a
review when the country conducting the review issues its
final report or 2 years following the date of the incident,
whichever occurs first; and
(B) the Board may disclose records and information when
authorized to do so by the country conducting the review.
(2) Safety recommendations.--Nothing in this subsection
shall restrict the Board at any time from referring to
foreign review information in making safety recommendations.
(e) Privacy Protections.--Before making public any still
image obtained from a video recorder under subsection (c)(2)
or subsection (d)(2), the Board shall take such action as
appropriate to protect from public disclosure any information
that readily identifies an individual, including a decedent.
SEC. 209. TRAINING.
(a) Use of Training Facilities.--The Board may use, on a
reimbursable basis, the services of any training facility in
the Federal Government, including those operated by the
Department of Homeland Security, Department of Health and
Human Services, and Department of Commerce. The responsible
department or agency shall make such training facility and
any relevant training course available to--
(1) the Board for safety training of employees of the Board
in carrying out their duties and powers; and
(2) other relevant personnel of the United States
Government, State and local governments, governments of
foreign countries, interstate authorities, and private
organizations the Board designates in consultation with the
relevant departments and agencies.
(b) Fees.--Training shall be provided at a reasonable fee
established periodically by the Board in consultation with
the relevant departments and agencies. The fee shall be paid
directly to the relevant departments and agencies, and shall
be deposited in the Treasury.
(c) Training of Board Employees and Others.--The Board may
conduct training of its employees in those subjects necessary
for proper performance. The Board may also authorize
attendance at courses given under this subsection by other
government personnel, personnel of foreign governments, and
personnel from industry or otherwise who have a requirement
for training. The Board may require non-Board personnel to
reimburse some or all of the training costs, and amounts so
reimbursed shall be credited to the appropriation of the
Board as discretionary offsetting collections, and shall be
available only to the extent and in the amounts provided in
advance in appropriations Acts.
SEC. 210. FUNDING.
(a) In General.--The following amounts are authorized to be
appropriated to the Board to carry out this title:
(1) $25,000,000 for fiscal year 2022.
(2) $40,000,000 for fiscal year 2023.
(3) $50,000,000 for fiscal year 2024.
(4) $60,000,000 for fiscal year 2025.
(c) Emergency Fund.--
(1) In general.--There shall be established in the Treasury
of the United States an Emergency Fund for the Board, which
shall be available to the Board for necessary expenses of the
Board, not otherwise provided for, for reviews.
(2) Appropriations.--There are authorized to be
appropriated, to the Emergency Fund--
(A) $2,000,000 for fiscal year 2022;
(B) such sums as are necessary to maintain the Emergency
Fund at a level not to exceed $4,000,000 for each fiscal year
thereafter; and
(C) such other sums as Congress determines necessary.
SEC. 211. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--The Inspector General of the Department of
Homeland Security, in accordance with the mission of the
Inspector General to prevent and detect fraud and abuse,
shall have authority to review only the financial management,
property management, and business operations of the Board,
including internal accounting and administrative control
systems, to determine compliance with applicable Federal
laws, rules, and regulations.
(b) Duties.--In carrying out this section, the Inspector
General shall--
(1) keep the Chairperson of the Board and Congress fully
and currently informed about problems relating to
administration of the internal accounting and administrative
control systems of the Board;
(2) issue findings and recommendations for actions to
address such problems; and
(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
(c) Access to Information.--In carrying out this section,
the Inspector General may exercise authorities granted to the
Inspector General under subsections (a) and (b) of section 6
of the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the the Office of the Inspector General
of the Department of Homeland Security such sums as may be
necessary to cover expenses associated with activities
pursuant to the authority exercised under this section.
SEC. 212. EVALUATION AND AUDIT OF NATIONAL DISASTER SAFETY
BOARD.
(a) In General.--As determined necessary by the Comptroller
General of the United States or the appropriate congressional
committees, but not less frequently than once every 2 years,
the Comptroller General of the United States shall evaluate
and audit the programs and expenditures of the Board in order
to promote economy, efficiency, and effectiveness in the
administration of the programs, operations, and activities of
the Board.
(b) Responsibility of Comptroller General.--In carrying out
subsection (a), the Comptroller General of the United States
shall evaluate and audit the programs, operations, and
activities of the Board, including--
(1) information management and security, including privacy
protection of personally identifiable information;
(2) the resource levels of the Board and management of such
resources relative to the mission of the Board;
(3) workforce development;
(4) procurement and contracting planning, practices, and
policies;
(5) the process and procedures to select an incident to
review;
(6) the extent to which the Board follows leading practices
in selected management areas;
(7) the extent to which the Board addresses management
challenges in completing reviews;
(8) the extent to which the evaluation, review, and
recommendation-issuing methodologies of the Board are
consistent with established best practice, as determined by
the Comptroller General; and
(9) an impact evaluation of the work of the Board, using
the purposes and intent described in this title and by the
Board, against the realized results of the Board, according
to a methodology determined by the Comptroller General,
conducted in a manner that is not overly disruptive to the
work of the Board.
SEC. 213. DEFINITIONS.
In this title:
(1) Act of violence.--The term ``act of violence'' means an
offense described in section 16(a) of title 18, United States
Code.
(2) Board.--The term ``Board'' means the National Disaster
Safety Board established under section 202.
(3) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Board designated under section 205.
(4) Economic injury.--The term ``economic injury'' has the
meaning given the term ``substantial economic injury'' in
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
(5) Incident.--The term ``incident'' means a natural hazard
or other circumstance that the Board decides to review.
(6) Institution of higher education and research
institution.--The term ``institution of higher education and
research institution'' means--
(A) an institution of higher education (as defined in
section 101 of the Higher Education Act (20 U.S.C. 1001));
(B) a National Laboratory (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(C) a laboratory described in section 308(c)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 188(c)(2));
(D) the National Domestic Preparedness Consortium
established under section 1204 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1102) and the members of such Consortium; and
(E) a research institution associated with an institution
of higher education.
(7) Natural hazard.--The term ``natural hazard''--
(A) means a major disaster, as defined in paragraph (2) of
section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122), that is naturally
occurring, regardless of--
(i) whether the President makes a determination with
respect to severity and magnitude of the disaster under such
paragraph; or
(ii) the result of such a determination;
(B) includes any naturally occurring heat wave, wind storm,
wildfire, wildland urban interface fire, urban conflagration
fire, or dust storm;
(C) includes any combination of events covered by
subparagraphs (A) and (B) that causes or threatens to cause
loss of human life, or human or economic injury, as
determined by the Board; and
(D) does not include a technological disaster.
(8) State.--The term ``State'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
[[Page H7473]]
(9) Technological disaster.--The term ``technological
disaster'' means an incident that--
(A) is caused by human error or malfunction in technology,
including a dam or structural failure, a fire (other than a
naturally occurring wildfire, wildland urban interface fire,
urban conflagration fire, or arson), a hazardous material
incident, a nuclear accident, and a power and
telecommunications failure; and
(B) causes loss of human life, or human or economic injury,
as determined by the Board.
(10) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(11) Tribal government.--The term ``Tribal government''
means the governing body of any Indian or Alaska Native
tribe, band, nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist as an Indian
tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5130 et seq.).
TITLE III--NATIONAL WILDLAND FIRE RISK REDUCTION PROGRAM
SEC. 301. ESTABLISHMENT OF NATIONAL WILDLAND FIRE RISK
REDUCTION PROGRAM.
The President shall establish a National Wildland Fire Risk
Reduction Program with the purpose of achieving major
measurable reductions in the losses of life and property from
wildland fires through a coordinated Federal effort to--
(1) improve the assessment of fire environments and the
understanding and prediction of wildland fires, associated
smoke, and their impacts, including--
(A) at the wildland-urban interface;
(B) on communities, buildings and other infrastructure;
(C) on ecosystem services; and
(D) social and economic impacts;
(2) develop and encourage the adoption of science-based and
cost-effective measures to enhance resilience to wildland
fires and prevent and mitigate negative impacts of wildland
fires and associated smoke; and
(3) improve the understanding and mitigation of the impacts
of climate change and variability on wildland fire risk,
frequency, and severity, and to inform paragraphs (1) and
(2).
SEC. 302. PROGRAM ACTIVITIES.
The Program shall consist of the activities described in
section 306, which shall be designed--
(1) to support research and development, including
interdisciplinary research, related to fire environments,
wildland fires, associated smoke, and their impacts, in
furtherance of a coordinated interagency effort to address
wildland fire risk reduction;
(2) to support data management and stewardship, the
development and coordination of data systems and
computational tools, and the creation of a centralized,
integrated data collaboration environment for Program agency
data, to accelerate the understanding of fire environments,
wildland fires, associated smoke, and their impacts, and the
benefits of wildland fire risk mitigation measures;
(3) to support the development of tools and technologies,
including decision support tools and risk and hazard maps, to
improve understanding, monitoring, prediction, and mitigation
of wildland fires, associated smoke, and their impacts;
(4) to support research and development activities to
improve data, tools, and technologies that directly inform,
support, and complement active land management, forest and
habitat restoration, and healthy ecosystem practices executed
by the Forest Service, State, local, and Tribal entities;
(5) to support education and training to expand the number
of students and researchers in areas of study and research
related to wildland fires;
(6) to accelerate the translation of research related to
wildland fires and associated smoke into operations to reduce
risk to communities, buildings, other infrastructure, and
ecosystem services;
(7) to conduct communication and outreach regarding
wildland fire science and wildland fire risk mitigation, to
communities, energy utilities and operators of other critical
infrastructure, and other relevant stakeholders;
(8) to support research and development projects funded
under joint solicitations or through memoranda of
understanding between no fewer than two agencies
participating in the Program; and
(9) to disseminate, to the extent practicable, scientific
data and related products and services in formats meeting
shared standards to enhance the interoperability, usability,
and accessibility of Program Agency data, including data as
part of paragraph (2) in order to better meet the needs of
Program agencies, other Federal agencies, and relevant
stakeholders.
SEC. 303. INTERAGENCY COORDINATING COMMITTEE ON WILDLAND FIRE
RISK REDUCTION.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Director of the Office of
Science and Technology Policy shall establish an Interagency
Coordinating Committee on Wildland Fire Risk Reduction (in
this Act referred to as the ``Committee''), to be co-chaired
by the Director and the Director of the National Institute of
Standards and Technology.
(b) Membership.--In addition to the co-chairs, the
Committee shall be composed of--
(1) the Director of the National Science Foundation;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) the Administrator of the Federal Emergency Management
Agency;
(4) the United States Fire Administrator;
(5) the Chief of the Forest Service;
(6) the Administrator of the National Aeronautics and Space
Administration;
(7) the Administrator of the Environmental Protection
Agency;
(8) the Secretary of Energy;
(9) the Director of the Office of Management and Budget;
(10) the Secretary of the Interior;
(11) the Director of United States Geological Survey;
(12) the Secretary of Health and Human Services;
(13) the Secretary of Defense;
(14) the Secretary of Housing and Urban Development; and
(15) the head of any other Federal agency that the Director
considers appropriate.
(c) Meetings.--The Committee shall meet not less than twice
a year for the first 2 years and then not less than once a
year at the call of the Director.
(d) General Purpose and Duties.--The Committee shall
oversee the planning, management, and coordination of the
Program, and solicit stakeholder input on Program goals.
(e) Strategic Plan.--The Committee shall develop and submit
to Congress, not later than one year after the date of the
enactment of this Act, and update every 4 years thereafter, a
Strategic Plan for the Program that includes--
(1) prioritized goals for the Program, consistent with the
purposes of the Program as described in section 301;
(2) short-term, mid-term, and long-term research and
development objectives to achieve those goals;
(3) a description of the role of each Program agency in
achieving the prioritized goals;
(4) a description of how the Committee will foster
collaboration between and among the Program agencies and
other Federal agencies to help meet the goals of the Program;
(5) the methods by which progress toward the goals will be
assessed;
(6) an explanation of how the Program will foster the
translation of research into measurable reductions in the
losses of life, property, and ecosystem services from
wildland fires, including recommended outcomes and metrics
for each program goal and how operational Program agencies
will transition demonstrated technologies and research
findings into decision support tools and operations;
(7) a description of the research infrastructure, including
databases and computational tools, needed to accomplish the
research and development objectives outlined in paragraph
(2), a description of how research infrastructure in
existence at the time of the development of the plan will be
used to meet the objectives, an explanation of how new
research infrastructure will be developed to meet the
objectives, and a description of how the program will
implement the integrated data collaboration environment per
section 302(2);
(8) a description of how Program agencies will collaborate
with stakeholders and take into account stakeholder needs and
recommendations in developing research and development
objectives;
(9) recommendations on the most effective means to
integrate the research results into wildland fire
preparedness and response actions across Federal, State,
local, Tribal, and territorial levels;
(10) guidance on how the Committee's recommendations are
best used in climate adaptation planning for Federal, State,
local, Tribal, and territorial entities;
(11) a nationally recognized, consensus-based definition of
wildland-urban interface and other key terms and definitions
relating to wildland fire, developed in consideration of the
meaning given such term in section 4(11) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2203(11)); and
(12) a description of opportunities to support new areas of
research and development and new types of collaborations that
seek to optimize building and landscape design across
multiple resilience goals, including resilience to wildland
fires and other natural hazards, energy efficiency, and
environmental sustainability.
(f) Coordination With Other Federal Efforts.--The Director
shall ensure that the activities of the Program are
coordinated with other relevant Federal initiatives as
appropriate.
(g) National Academies Study.--The Committee shall assess
the need for a study, or a series of studies, to be conducted
by the National Academies of Sciences, Engineering, and
Medicine, and how such a study, or series of studies, could
help identify research areas for further study and inform
research objectives, including further research into the
interactions between climate change and wildland fires. The
Committee shall brief the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate on its
assessment under this subsection not later than 1 year after
the date of enactment of this Act.
(h) Progress Report.--Not later than 18 months after the
date of the transmission of the first Strategic Plan under
subsection (e) to Congress and not less frequently than once
every 2 years thereafter, the Committee shall submit to the
Congress a report on the progress of the Program that
includes--
(1) a description of the activities funded under the
Program, a description of how those activities align with the
prioritized goals and research objectives established in the
Strategic Plan, and the budgets, per agency, for these
activities; and
(2) the outcomes achieved by the Program for each of the
goals identified in the Strategic Plan.
SEC. 304. NATIONAL ADVISORY COMMITTEE ON WILDLAND FIRE RISK
REDUCTION.
(a) In General.--The Director shall establish a National
Advisory Committee on Wildland
[[Page H7474]]
Fire Risk Reduction, consisting of not fewer than 7 and not
more than 15 members who are qualified to provide advice on
wildland fire risk reduction and represent related
scientific, architectural, and engineering disciplines, none
of whom may be employees of the Federal Government,
including--
(1) representatives of research and academic institutions;
(2) standards development organizations;
(3) emergency management agencies;
(4) State, local, and Tribal governments;
(5) business communities, including the insurance industry;
and
(6) other representatives as designated by the Director.
(b) Assessment.--The Advisory Committee shall offer
assessments and recommendations on--
(1) trends and developments in the natural, engineering,
and social sciences and practices of wildland fire risk
mitigation;
(2) the priorities of the Program's Strategic Plan;
(3) the management, coordination, implementation, and
activities of the Program;
(4) the effectiveness of the Program in meeting its
purposes; and
(5) the need to revise the Program.
(c) Compensation.--The members of the Advisory Committee
established under this section shall serve without
compensation.
(d) Reports.--At least every 2 years, the Advisory
Committee shall report to the Director on the assessments
carried out under subsection (b) and its recommendations for
ways to improve the Program.
(e) Charter.--Notwithstanding section 14(b)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.), the Advisory
Committee shall not be required to file a charter subsequent
to its initial charter, filed under section 9(c) of such Act,
before the termination date specified in subsection (f) of
this section.
(f) Termination.--The Advisory Committee shall terminate on
September 30, 2026.
(g) Conflict of Interest.--An Advisory Committee member
shall recuse himself from any Advisory Committee activity in
which he has an actual pecuniary interest.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW.
Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit a report to Congress that--
(1) evaluates the progress and performance of the Program
in establishing and making progress toward the goals of the
Program as set forth in this Act; and
(2) includes such recommendations as the Comptroller
General determines are appropriate to improve the Program.
SEC. 306. RESPONSIBILITIES OF PROGRAM AGENCIES.
(a) National Institute of Standards and Technology.--The
responsibilities of the Director of the National Institute of
Standards and Technology with respect to the Program are as
follows:
(1) Research and development activities.--The Director of
the National Institute of Standards and Technology shall--
(A) carry out research on the impact of wildland fires on
communities, buildings, and other infrastructure, including
structure-to-structure transmission of fire and spread within
communities;
(B) carry out research on the generation of firebrands from
wildland fires and on methods and materials to prevent or
reduce firebrand ignition of communities, buildings, and
other infrastructure;
(C) carry out research on novel materials, systems,
structures, and construction designs to harden structures,
parcels, and communities to the impact of wildland fires;
(D) carry out research on the impact of environmental
factors on wildland fire behavior, including wind, terrain,
and moisture;
(E) support the development of performance-based tools to
mitigate the impact of wildland fires, and work with
appropriate groups to promote and assist in the use of such
tools, including through model building codes and fire codes,
standard test methods, voluntary consensus standards, and
construction and retrofit best practices;
(F) in collaboration with the United States Fire
Administration, carry out research and development of
decontamination methods and technologies for firefighting
gear on and off the field.
(G) develop and execute a research plan on public safety
communication coordination standards among Federal, State,
local, and Tribal wildland firefighters, fire management
response officials and the National Interagency Fire Center;
(H) carry out research to improve and integrate existing
communications systems to transmit secure real-time data,
alters, and accurate advisories to wildland firefighters;
(I) carry out both live and virtual field testing and
measurement of equipment, software, and other technologies to
determine current effectiveness and times of information
dissemination and develop standards and best practices for
the delivery of useful and secure real-time data to wildland
firefighters; and
(J) develop and publish recommendations to improve public
safety communication coordination standards among wildland
firefighters and member agencies of the National Interagency
Fire Center, including providing such recommendations to the
Office of Management and Budget and the Office of Science and
Technology Policy.
(2) Wildland-urban interface fire post-investigations.--The
Director of the National Institute of Standards and
Technology shall--
(A) coordinate Federal post-wildland fire investigations of
fires at the wildland-urban interface; and
(B) develop methodologies, in collaboration with the
Administrator of FEMA and in consultation with relevant
stakeholders, to characterize the impact of wildland fires on
communities and the impact of changes in building and fire
codes, including methodologies--
(i) for collecting, inventorying, and analyzing information
on the performance of communities, buildings, and other
infrastructure in wildland fires; and
(ii) for improved collection of pertinent information from
different sources, including first responders, the design and
construction industry, insurance companies, and building
officials.
(b) National Science Foundation.--As a part of the Program,
the Director of the National Science Foundation shall
support--
(1) research, including large-scale convergent research, to
improve the understanding and prediction of wildland fire
risks, including the conditions that increase the likelihood
of a wildland fire, the behavior of wildland fires, and their
impacts on buildings, communities, infrastructure, ecosystems
and living systems;
(2) development and improvement of tools and technologies,
including databases and computational models, to enable and
accelerate the understanding and prediction of wildland fires
and their impacts;
(3) development of research infrastructure, as appropriate,
to enable and accelerate the understanding and prediction of
wildland fires and their impacts, including upgrades or
additions to the National Hazards Engineering Research
Infrastructure;
(4) research to improve the understanding of--
(A) the response to wildland fire risk and response
messages by individuals, communities, and policymakers;
(B) social and economic factors influencing the
implementation and adoption of wildland fire risk reduction
and response measures by individuals, communities, and
policymakers; and
(C) decision-making and emergency response to wildland
fires;
(5) undergraduate and graduate research opportunities and
graduate and postdoctoral fellowships and traineeships in
fields of study relevant to wildland fires and their impacts;
and
(6) research to improve the understanding of the impacts of
climate change and climate variability on wildland fires,
including wildland fire risk, frequency, and severity, and
wildland fire prediction, mitigation, and resilience
strategies.
(c) National Oceanic and Atmospheric Administration.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration (in this subsection referred
to as the ``Administrator'') shall conduct research,
observations, modeling, forecasting, prediction, and
historical analysis of wildland fires to improve
understanding of wildland fires, and associated fire weather
and smoke, for the protection of life and property and for
the enhancement of the national economy.
(2) Weather forecasting and decision support for wildland
fires.--The Administrator shall--
(A) develop and provide in consultation with the relevant
Federal Agencies, as the Administrator determines
appropriate, accurate, timely, and effective warnings and
forecasts of wildland fires and fire weather events that
endanger life and property, which may include red flag
warnings, operational fire weather alerts, and any other
warnings or alerts the Administrator deems appropriate;
(B) provide stakeholders and the public with impact-based
decision support services, seasonal climate predictions, air
quality products, and smoke forecasts; and
(C) provide on-site weather forecasts, seasonal climate
predictions, and other decision support to wildland fire
incident command posts, including by deploying incident
meteorologists for the duration of an extreme event.
(3) Wildland fire data.--The Administrator shall contribute
to and support the centralized, integrated data collaboration
environment in accordance with section 302(2) and any other
relevant Federal data systems by ensuring--
(A) interoperability, usability, and accessibility of
National Oceanic and Atmospheric Administration data and
tools related to wildland fires, associated smoke, and their
impacts;
(B) inclusion of historical wildland fire incident and fire
weather data, and identifying potential gaps in such data;
and
(C) the acquisition or collection of additional data that
is needed to advance wildland fire science.
(4) Wildland fire and fire weather surveillance and
observations.--The Administrator, in coordination with
Administrator of the National Aeronautics and Space
Administration and in consultation with relevant
stakeholders--
(A) shall leverage existing observations, technologies and
assets and develop or acquire new technologies and data to
sustain and enhance environmental observations used for
wildland fire prediction and detection, fire weather and
smoke forecasting and monitoring, and post-wildland fire
recovery, with a focus on--
(i) collecting data for pre-ignition analysis, such as
drought, fuel and vegetation conditions, and soil moisture,
that will help predict severe wildland fire conditions on
subseasonal to decadal timescales;
(ii) supporting identification and classification of fire
environments at the smallest practical scale to determine
vulnerability to wildland fires and rapid wildland fire
growth;
(iii) detecting, observing, and monitoring wildland fires
and smoke;
(iv) supporting research on the interaction of weather and
wildland fire behavior; and
(v) supporting post-fire assessments conducted by Program
agencies and relevant stakeholders;
[[Page H7475]]
(B) shall prioritize the ability to detect, observe, and
monitor wildland fire and smoke in its requirements for its
current and future observing systems and commercial data
purchases; and
(C) not later than 12 months after the date of the
enactment of this Act--
(i) may offer to enter into contracts, in consultation with
the Secretary of Agriculture and the Secretary of the
Interior, with one or more entities to obtain additional
airborne and space-based data and observations that may
enhance or supplement the understanding, monitoring,
prediction, and mitigation of wildland fire risks, and the
relevant Program activities under section 302; and
(ii) in carrying out clause (i), shall consult with private
sector entities through the advisory committee established
pursuant to section 304 to identify needed tools and data
that can be best provided by the National Oceanic and
Atmospheric Administration satellites and are most beneficial
to wildfire and smoke detection and monitoring.
(5) Fire weather testbed.--In collaboration with Program
agencies and other relevant stakeholders, the Administrator
shall establish a Fire Weather Testbed to evaluate physical
and social science, technology, and other research to develop
fire weather products and services for implementation by
relevant stakeholders.
(6) Wildland fire and fire weather research and
development.--The Administrator shall support a wildland fire
and smoke research and development program that includes both
physical and social science with the goals of--
(A) improving the understanding, prediction, detection,
forecasting, monitoring, and assessments of wildland fires
and associated fire weather and smoke;
(B) developing products and services to meet stakeholder
needs;
(C) transitioning physical and social science research into
operations;
(D) improving modeling and technology, including coupled
fire-atmosphere fire behavior modeling, in consultation with
relevant Federal agencies;
(E) better understanding of links between fire weather
events and subseasonal-to-climate impacts;
(F) improving the forecasting and understanding of the
impacts of prescribed fires and how those impacts differ from
impacts of wildland fires; and
(G) pursuing high-priority fire science research needs
applicable to the National Oceanic and Atmospheric
Administration as identified by any other relevant Federal
program.
(7) Extramural research.--The Administrator shall
collaborate with and support the non-Federal wildland fire
research community, which includes institutions of higher
education, private entities, nongovernmental organizations,
and other relevant stakeholders, by making funds available
through competitive grants, contracts, and cooperative
agreements. In carrying out the program under this paragraph,
the Administrator, in collaboration with other relevant
Federal agencies, may establish one or more national centers
for prescribed fire and wildfire sciences that leverage
Federal research and development with university and
nongovernmental partnerships.
(8) High performance computing.--The Administrator, in
consultation with the Secretary of Energy, shall acquire high
performance computing technologies and supercomputing
technologies, leveraging existing resources, as practicable,
to conduct research and development activities, support
research to operations under this section, and host
operational fire and smoke forecast models.
(9) Incident meteorologist workforce assessment.--Not later
than 6 months after the date of enactment of this Act, the
Administrator shall submit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the results of an assessment of National Weather
Service workforce and training challenges for Incident
Meteorologists and a roadmap for overcoming the challenges
identified. Such assessment shall take into consideration
information technology support, logistical and administrative
operations, anticipated weather and climate conditions, and
feedback from relevant stakeholders, and shall include, to
the maximum extent practicable, an identification by the
National Weather Service of--
(A) the expected number of Incident Meteorologists needed
over the next 5 years;
(B) potential hiring authorities necessary to overcome the
identified workforce and training challenges; and
(C) alternative services or assistance options the National
Weather Service could provide to meet operational needs.
(d) Federal Emergency Management Agency.--The Administrator
of the Federal Emergency Management Agency, acting through
the United States Fire Administration, shall--
(1) support--
(A) the development of community risk assessment tools and
effective mitigation techniques for preventing and responding
to wildland fires, including at the wildland-urban interface;
(B) wildland and wildland-urban interface fire and
operational response-related data collection and analysis;
(C) public outreach, education, and information
dissemination related to wildland fires and wildland fire
risk; and
(D) promotion of wildland and wildland-urban interface fire
preparedness and community risk reduction, to include
hardening the wildland-urban interface through proper
construction materials, land use practices, sprinklers,
assessment of State and local emergency response capacity and
capabilities, and other tools and approaches as appropriate;
(2) in collaboration with the National Institute of
Standards and Technology, and other program agencies, as
appropriate, promote and assist in the implementation of
research results and promote fire-resistant buildings,
retrofit, and land use practices within the design and
construction industry, including architects, engineers,
contractors, builders, planners, code officials, and
inspectors;
(3) establish and operate a wildland fire preparedness and
mitigation technical assistance program to assist State,
local, Tribal and territorial governments in using wildland
fire mitigation strategies, including through the adoption
and implementation of wildland and wildland-urban interface
fire resistant codes, standards, and land use;
(4) incorporate wildland and wildland-urban interface fire
risk mitigation and loss avoidance data into the Agency's
existing risk, mitigation, and loss avoidance analyses;
(5) incorporate data on the adoption and implementation of
wildland and wildland-urban interface fire resistant codes
and standards into the Agency's hazard resistant code
tracking resources;
(6) translate new information and research findings into
best practices to improve firefighter, fire service, and
allied professions training and education in wildland fire
response, crew deployment, prevention, mitigation,
resilience, and firefighting;
(7) conduct outreach and information dissemination to fire
departments regarding best practices for wildland and
wildland-urban interface firefighting, training, and
fireground deployment;
(8) in collaboration with other relevant Program agencies
and stakeholders, develop a national level, interactive and
publicly accessible wildland fire hazard severity map that
includes community and parcel level data and that can readily
integrate with risk gradations within wildland and wildland-
urban interface fire resistant codes and standards;
(9) in coordination with the National Institute of
Standards and Technology and other Federal initiatives as
appropriate, carry out a study to--
(A) examine PFAS and other potentially harmful contaminants
in firefighting gear, fire retardants, and wetting agents;
(B) determine the lifecycle of firefighting garments; and
(C) evaluate exposure risks based on different phases of
the fire; and
(10) develop resources regarding best practices for
establishing or enhancing peer-support programs within
wildland fire firefighting units.
(e) National Aeronautics and Space Administration.--The
responsibilities of the Administrator of the National
Aeronautics and Space Administration (in this subsection
referred to as the ``Administrator'') with respect to the
Program are as follows:
(1) In general.--The Administrator shall, with respect to
the Program--
(A) support relevant basic and applied scientific research
and modeling;
(B) ensure the use in the Program of all relevant National
Aeronautics and Space Administration Earth observations data
for maximum utility;
(C) explore and apply novel tools and technologies in the
activities of the Program;
(D) support the translation of research to operations,
including to Program agencies and relevant stakeholders;
(E) facilitate the communication of wildland fire research,
knowledge, and tools to relevant stakeholders; and
(F) use commercial data where such data is available and
accessible through existing Federal government commercial
contracts, agreements, or other means, and purchase data that
is deemed necessary based on consultation with other Program
agencies.
(2) Wildland fire research and applications.--The
Administrator shall support basic and applied wildland fire
research and modeling activities, including competitively-
selected research, to--
(A) improve the understanding and prediction of fire
environments, wildland fires, associated smoke, and their
impacts;
(B) improve the understanding of the impacts of climate
change and variability on wildland fire risk, frequency, and
severity;
(C) characterize the pre-fire phase and fire-inducing
conditions, such as soil moisture and vegetative fuel
availability;
(D) characterize the active fire phase, such as fire and
smoke plume mapping, fire behavior and spread modeling, and
domestic and global fire activity;
(E) characterize the post-fire phase, such as landscape
changes, air quality, erosion, landslides, and impacts on
carbon distributions in forest biomass;
(F) contribute to advancing predictive wildland fire
models;
(G) address other relevant investigations and measurements
prioritized by the National Academies of Sciences,
Engineering, and Medicine Decadal Survey on Earth Science and
Applications from Space;
(H) improve the translation of research knowledge into
actionable information;
(I) develop research and data products, including maps,
decision-support information, and tools, and support related
training as appropriate and practicable;
(J) collaborate with other Program agencies and relevant
stakeholders, as appropriate, on joint research and
development projects, including research grant solicitations
and field campaigns; and
(K) transition research advances to operations, including
to Program agencies and relevant stakeholders, as
practicable.
(3) Wildland fire data systems and computational tools.--
The Administrator shall--
[[Page H7476]]
(A) identify, from the National Aeronautics and Space
Administration's Earth science data systems, data, including
combined data products and relevant commercial data sets,
that can contribute to improving the understanding,
monitoring, prediction, and mitigation of wildland fires and
their impacts, including data related to fire weather, plume
dynamics, smoke and fire behavior, impacts of climate change
and variability, land and property burned, wildlife and
ecosystem destruction, among other areas;
(B) prioritize the dissemination of data identified or
obtained under this subparagraph to the widest extent
practicable to support relevant research and operational
stakeholders;
(C) consider opportunities to support the Program under
section 301 and the Program activities under section 302 when
planning and developing Earth observation satellites,
instruments, and airborne measurement platforms;
(D) identify opportunities, in collaboration with Program
agencies and relevant stakeholders, to obtain additional
airborne and space-based data and observations that may
enhance or supplement the understanding, monitoring,
prediction, and mitigation of wildland fire risks, and the
relevant Program activities under section 302, and consider
such options as commercial solutions, including commercial
data purchases, prize authority, academic partnerships, and
ground-based or space-based instruments, as practicable and
appropriate; and
(E) contribute to and support, to the maximum extent
practicable, the centralized, integrated data collaboration
environment in accordance with section 302(2) and any other
relevant interagency data systems, by collecting, organizing,
and integrating the National Aeronautics and Space
Administration's scientific data, data systems, and
computational tools related to wildland fires, associated
smoke, and their impacts, and by enhancing the
interoperability, useability, and accessibility of National
Aeronautics and Space Administration's scientific data, data
systems, and computational tools, including--
(i) observations and available real-time and near-real-time
measurements;
(ii) derived science and data products, such as fuel
conditions, risk and spread maps, and data products to
represent the wildland-urban interface;
(iii) relevant historical and archival observations,
measurements, and derived science and data products; and
(iv) other relevant decision support and information tools.
(4) Novel tools for active wildland fire monitoring and
risk mitigation.--The Administrator, in collaboration with
other Program agencies and relevant stakeholders shall apply
novel tools and technologies to support active wildland fire
research, monitoring, mitigation, and risk reduction, as
practicable and appropriate. In particular, the Administrator
shall:
(A) Establish a program to develop and demonstrate a
unified concept of operations for the safe and effective
deployment of diverse air capabilities in active wildland
fire monitoring, mitigation, and risk reduction. The
objectives of the Program shall be to--
(i) develop and demonstrate a wildland fire airspace
operations system accounting for piloted aircraft, uncrewed
aerial systems, and other new and emerging capabilities such
as autonomous and high-altitude assets;
(ii) develop an interoperable communications strategy;
(iii) develop a roadmap for the on-ramping of new
technologies, capabilities, or entities;
(iv) identify additional development, testing, and
demonstration that would be required to expand the scale of
operations;
(v) identify actions that would be required to transition
the unified concept of operations in subparagraph (A) into
ongoing, operational use; and
(vi) other objectives, as deemed appropriate by the
Administrator.
(B) Develop and demonstrate affordable and deployable
sensing technologies, in consultation with other Program
agencies and relevant stakeholders, to improve the monitoring
of fire fuel and active wildland fires, wildland fire
behavior models and forecast, mapping efforts, and the
prediction and mitigation of wildland fires and their
impacts. The Administrator shall--
(i) test and demonstrate technologies such as infrared,
microwave, and active sensors suitable for deployment on
spacecraft, aircraft, uncrewed aerial systems, and ground-
based and in situ platforms, as appropriate and practicable;
(ii) develop and demonstrate affordable and deployable
sensing technologies that can be transitioned to operations
for collection of near-real-time localized measurements;
(iii) develop and demonstrate near-real-time data
processing, availability, interoperability, and
visualization, as practicable;
(iv) identify opportunities and actions required, in
collaboration with Program agencies and relevant
stakeholders, to transition relevant technologies,
techniques, and data to science operations, upon successful
demonstration of the feasibility and scientific utility of
the sensors and data;
(v) transition demonstrated technologies, techniques, and
data into ongoing, operational use, including to Program
agencies and relevant stakeholders;
(vi) prioritize and facilitate, to the greatest extent
practicable, the dissemination of these science data to
operations, including to Program agencies and relevant
stakeholders; and
(vii) consider opportunities for potential partnerships,
including commercial data purchases, among industry,
government, academic institutions, and non-profit
organizations and other relevant stakeholders in carrying out
clauses (i) through (vi), as appropriate and practicable.
(f) Environmental Protection Agency.--The Administrator of
the Environmental Protection Agency shall support
environmental research and development activities to--
(1) improve the understanding of--
(A) wildland fire and smoke impacts on communities and
public health, including impacts on drinking water and
outdoor and indoor air quality, and on freshwater ecosystems;
(B) wildland fire smoke plume characteristics, chemical
transformation, chemical composition, and transport;
(C) wildland fire and smoke impacts to contaminant
containment and remediation;
(D) the contribution of wildland fire emissions to climate
forcing emissions;
(E) differences between the impacts of prescribed fires
compared to other wildland fires on communities and air and
water quality; and
(F) climate change and variability on wildland fires and
smoke plumes, including on smoke exposure;
(2) develop and improve tools, sensors, and technologies
including databases and computational models, to accelerate
the understanding, monitoring, and prediction of wildland
fires and smoke exposure;
(3) better integrate observational data into wildland fire
and smoke characterization models to improve modeling at
finer temporal and spatial resolution;
(4) develop and improve communication of wildland fire and
smoke risk reduction strategies to the public in coordination
with relevant stakeholders and other Federal agencies; and
(5) develop and disseminate personal and community-based
interventions to reduce exposure to and adverse health
effects of wildland fire and smoke.
(g) Department of Energy.--The Secretary of Energy shall
carry out research and development activities to--
(1) create tools, techniques, and technologies for--
(A) withstanding and addressing the current and projected
impact of wildland fires on energy sector infrastructure;
(B) providing real-time or near-time awareness of the risks
posed by wildland fires to the operation of energy
infrastructure in affected and potentially affected areas,
including by leveraging the Department's high-performance
computing capabilities and climate and ecosystem models;
(C) enabling early detection of, and assessment of
competing technologies and strategies for addressing,
malfunctioning electrical equipment on the transmission and
distribution grid, including spark ignition causing wildland
fires;
(D) assisting with the planning, safe execution of, and
safe and timely restoration of power after emergency power
shut offs following wildland fires started by grid
infrastructure;
(E) improving electric grid and energy sector safety and
resilience in the event of multiple simultaneous or co-
located weather or climate events leading to extreme
conditions, such as extreme wind, wildland fires, extreme
cold, and extreme heat;
(F) improving coordination between utilities and relevant
Federal agencies to enable communication, information-
sharing, and situational awareness in the event of wildland
fires that impact the electric grid;
(G) utilizing biomass produced by wildland fire risk
mitigation and post-fire recovery activities for bioenergy,
including biofuels, in collaboration with relevant
stakeholders; and
(H) predicting wildland fire occurrence, spread, and
ecosystem impact;
(2) coordinate data and computational resources across
relevant entities to improve our understanding of wildland
fires and to promote resilience and wildland fire prevention
in the planning, design, construction, operation, and
maintenance of transmission infrastructure;
(3) consider optimal building energy efficiency and
weatherization practices, as practicable, in wildland fire
research;
(4) utilize the Department of Energy's National Laboratory
capabilities, including user facilities, earth and
environmental systems modeling resources, and high-
performance computing and data analytics capabilities, to
improve the accuracy of efforts to understand and predict
wildland fire behavior and occurrence and mitigate wildland
fire impacts; and
(5) foster engagement between the National Laboratories and
practitioners, researchers, policy organizations, utilities,
and other entities the Secretary determines to be appropriate
to understand the economic and social implications of power
disruptions caused by wildland fires, particularly within
disadvantaged communities and regions vulnerable to wildland
fires, including rural areas.
SEC. 307. BUDGET ACTIVITIES.
The Director of the National Institute of Standards and
Technology, the Director of the National Science Foundation,
the Administrator of the National Oceanic and Atmospheric
Administration, the Director of the Federal Emergency
Management Agency, the Administrator of the National
Aeronautics and Space Administration, the Administrator of
the Environmental Protection Agency, and the Secretary of
Energy shall each include in the annual budget request to
Congress of each respective agency a description of the
projected activities of such agency under the Program for the
fiscal year covered by the budget request and an estimate of
the amount such agency plans to spend on such activities for
the relevant fiscal year.
SEC. 308. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) Program.--The term ``Program'' means the Program
established under section 301.
(3) Program agencies.--The term ``Program agencies'' means
any Federal agency with responsibilities under the Program.
[[Page H7477]]
(4) Stakeholders.--The term ``stakeholders'' means any
public or private organization engaged in addressing wildland
fires, associated smoke, and their impacts, and shall include
relevant Federal agencies, States, territories, Tribes, State
and local governments, businesses, not-for-profit
organizations, including national standards and building code
organizations, firefighting departments and organizations,
academia, and other users of wildland fire data products.
(5) Wildland fire.--The term ``wildland fire'' means any
non-structure fire that occurs in vegetation or natural fuels
and includes wildfires and prescribed fires.
(6) Fire environment.--The term ``fire environment'' means
surrounding conditions, influences, and modifying forces of
topography, fuel, and weather that determine fire behavior.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) National Institute of Standards and Technology.--There
are authorized to be appropriated to the National Institute
of Standards and Technology for carrying out this title--
(1) $35,800,000 for fiscal year 2024;
(2) $36,100,000 for fiscal year 2025;
(3) $36,400,000 for fiscal year 2026;
(4) $36,700,000 for fiscal year 2027; and
(5) $37,100,000 for fiscal year 2028.
(b) National Science Foundation.--There are authorized to
be appropriated to the National Science Foundation for
carrying out this title--
(1) $50,000,000 for fiscal year 2024;
(2) $53,000,000 for fiscal year 2025;
(3) $56,200,000 for fiscal year 2026;
(4) $59,600,000 for fiscal year 2027; and
(5) $63,100,000 for fiscal year 2028.
(c) National Oceanic and Atmospheric Administration.--There
are authorized to be appropriated to the National Oceanic and
Atmospheric Administration for carrying out this title--
(1) $200,000,000 for fiscal year 2024;
(2) $215,000,000 for fiscal year 2025;
(3) $220,000,000 for fiscal year 2026;
(4) $230,000,000 for fiscal year 2027; and
(5) $250,000,000 for fiscal year 2028.
(d) National Aeronautics and Space Administration.--There
are authorized to be appropriated to the National Aeronautics
and Space Administration for carrying out this title--
(1) $95,000,000 for fiscal year 2024;
(2) $100,000,000 for fiscal year 2025;
(3) $110,000,000 for fiscal year 2026;
(4) $110,000,000 for fiscal year 2027; and
(5) $110,000,000 for fiscal year 2028.
(e) Environmental Protection Agency.--There are authorized
to be appropriated to the Environmental Protection Agency for
carrying out this title--
(1) $11,000,000 for fiscal year 2024;
(2) $11,700,000 for fiscal year 2025;
(3) $12,400,000 for fiscal year 2026;
(4) $13,100,000 for fiscal year 2027; and
(5) $13,900,000 for fiscal year 2028.
(f) Federal Emergency Management Agency.--There are
authorized to be appropriated to the Federal Emergency
Management Agency for carrying out this title--
(1) $6,000,000 for fiscal year 2024;
(2) $6,400,000 for fiscal year 2025;
(3) $6,700,000 for fiscal year 2026;
(4) $7,100,000 for fiscal year 2027; and
(5) $7,600,000 for fiscal year 2028.
SEC. 310. INCREASE IN ALLOWABLE AMOUNT OF PHYSICAL DISASTER
LOAN FOR MITIGATION.
Section 7(b)(1)(A) of the Small Business Act (15 U.S.C.
636(b)(1)(A)) is amended, in the second proviso, by striking
``20 per centum'' and inserting ``30 percent''.
SEC. 311. STUDY ON DISASTER SPENDING; STATE DISASTER PLAN
UPDATES.
(a) Government Accountability Office Study on Disaster
Spending.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to identify the following:
(A) For the 5-year period ending on the date of enactment
of this Act--
(i) the total amount of Federal funds spent in response to
major disasters and emergencies declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.); and
(ii) the total amount of State and Indian tribal government
funds spent in response to such major disasters and
emergencies.
(B) 10 proposed Federal actions, to include reinsurance,
that, if implemented, would most effectively reduce the need
for spending related to such major disasters or emergencies.
Such actions shall be listed in order of priority under
criteria established by the Comptroller General, including
the following:
(i) Cost effectiveness.
(ii) Return on investment.
(iii) Simplicity or speed of implementation using existing
resources.
(C) The effect that using blockchain may have on delivering
disaster assistance to State and Indian tribal governments.
(D) Whether insurance protection against wildfires will
remain available and affordable to homeowners.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the covered entities a report containing the results of
the study.
(3) Definitions.--In this subsection:
(A) The term ``covered entities'' means--
(i) Congress;
(ii) the Administrator of the Federal Emergency Management
Agency; and
(iii) for each State and Indian tribal government, the head
of the agency for such State or Indian tribal government with
jurisdiction over disaster response activities.
(B) The terms ``Indian tribal government'' and ``State''
have the meanings given such terms in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122).
(b) State Disaster Plan Updates.--Section 201 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5131) is amended by adding at the end the following:
``(e) With respect to State plans developed under this
section, the President shall coordinate with each State to
update such plans to incorporate strategies that decrease the
time required to prepare for all hazard incidents, including
the time to evacuate individuals.''.
TITLE IV--WILDFIRE GRID RESILIENCE ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Wildfire Grid Resiliency
Act''.
SEC. 402. RESILIENCE ACCELERATOR DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Energy shall carry out a
demonstration program, to be known as the ``Resilience
Accelerator Demonstration Program'' (in this section referred
to as the ``Program''), to make awards to eligible entities
for projects that demonstrate innovative technologies to
improve electric grid resilience with respect to wildfires.
(b) Eligible Projects.--The Secretary may make an award
under the Program to facilitate a project that demonstrates
an innovative technology to improve electric grid resilience
with respect to wildfires, including--
(1) a project that demonstrates an innovative technology
for monitoring vegetation management; and
(2) a project that demonstrates an innovative technology to
enhance the safety of first responders who respond to
electric grid emergencies.
(c) Eligible Entities.--An eligible entity referred to in
subsection (a) is--
(1) a National Laboratory;
(2) an institution of higher education, including a
historically Black college or university, a Tribal College or
University, and a minority-serving institution;
(3) a private commercial entity;
(4) a unit of State, local, or Tribal government;
(5) a nonprofit organization;
(6) an electric utility or electric cooperative;
(7) a retail service provider of electricity;
(8) a partnership or consortium of 2 or more entities
described in paragraphs (1) through (8); and
(9) any other entity that the Secretary determines
appropriate.
(d) Definitions.--In this section:
(1) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(3) Minority-serving institution.--The term ``minority-
serving institution'' means--
(A) a Hispanic-serving institution (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)));
(B) an Alaska Native-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)));
(C) a Native Hawaiian-serving institution (as defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)));
(D) a Predominantly Black Institution (as defined in
section 371(c) of the Higher Education Act of 1965 (20 U.S.C.
1067q(c)));
(E) an Asian American and Native American Pacific Islander-
serving institution (as defined in section 371(c) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(c))); and
(F) a Native American-serving nontribal institution (as
defined in section 371(c) of the Higher Education Act of 1965
(20 U.S.C. 1067q(c))).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Resilience.--The term ``resilience'' has the meaning
given such term in section 1304A of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17384a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the Program $10,000,000 for
each of fiscal years 2024 through 2028.
TITLE V--WILDFIRE INSURANCE COVERAGE STUDY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Wildfire Insurance
Coverage Study Act of 2022''.
SEC. 502. NATIONAL WILDFIRE RISK ASSESSMENT.
(a) Study.--The Administrator of the Federal Emergency
Management Agency shall, pursuant to the authority under
section 1371 of the National Flood Insurance Act of 1968 (42
U.S.C. 4122), conduct a study regarding wildfire risk in the
United States to--
(1) identify trends in declarations for wildfires under the
Fire Management Assistance grant program under section 420 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187), with respect to geography,
costs, probability, and frequency of wildfire disasters;
(2) identify mitigation practices that would assist in
reducing premiums for insurance policies covering damages
from wildfires;
[[Page H7478]]
(3) identify existing programs of the Federal Government
and State governments that measure wildfire risk and assess
their effectiveness in forecasting wildfire events and
informing wildfire response; and
(4) analyze and assess the need for a national map for
measuring and quantifying wildfire risk.
(b) Report.--Not later than 1 year after date of the
enactment of this Act, the Administrator shall submit to the
Congress a report regarding the findings and conclusions of
the study conducted pursuant to subsection (a), which shall
include a recommendation with regard to the need for a
national map referred to in subsection (a)(4).
SEC. 503. GAO STUDY REGARDING INSURANCE FOR WILDFIRE DAMAGE.
(a) Study.--The Comptroller General of the United States,
in consultation with the Director of the Federal Insurance
Office and State insurance regulators, shall conduct a study
to analyze and determine the following:
(1) Existing state of coverage.--With respect to the
existing state of homeowners insurance coverage and
commercial property insurance coverage for damage from
wildfires in the United States--
(A) the extent to which private insurers have, during the
10-year period ending on the date of the enactment of this
Act, increased rates, cost-sharing provisions, or both for
such coverage (after adjusting for inflation) and the
geographic areas in which such increased rates, cost-sharing,
or both applied;
(B) the extent to which private insurers have, during the
10-year period ending on the date of the enactment of this
Act, refused to renew policies for such coverages and the
geographic areas to which such refusals applied;
(C) the events that have triggered such increased rates and
refusals to renew policies;
(D) in cases in which private insurers curtail coverage,
the extent to which homeowners coverage and commercial
property coverage are terminated altogether and the extent to
which such coverages are offered but with coverage for damage
from wildfires excluded; and
(E) the extent to which, and circumstances under which,
private insurers are continuing to provide coverage for
damage from wildfires--
(i) in general;
(ii) subject to a condition that mitigation activities are
taken, such as hardening of properties and landscaping
against wildfires, by property owners, State or local
governments, park or forest authorities, or other land
management authorities; and
(iii) subject to any other conditions.
(2) Regulatory responses.--With respect to actions taken by
State insurance regulatory agencies in response to increased
premium rates, cost-sharing, or both for coverage for damage
from wildfires and exclusion of such coverage from homeowners
policies--
(A) the extent of rate regulation;
(B) the extent of moratoria on such rate and cost-sharing
increases and exclusions and on nonrenewals;
(C) the extent to which States require homeowners coverage
to include coverage for damage from wildfires or make sales
of homeowners coverage contingent on the sale, underwriting,
or financing of separate wildfire coverage in the State;
(D) the extent to which States have established State
residual market insurance entities, reinsurance programs, or
similar mechanisms for coverage of damages from wildfires;
(E) any other actions States or localities have taken in
response to increased premium rates, cost-sharing, or both
for coverage for damage from wildfires and exclusion of such
coverage from homeowners policies, including forestry and
wildfire management policies and subsidies for premiums and
cost-sharing for wildfire coverage;
(F) the effects on the homeownership coverage market of
such actions taken by States; and
(G) the effectiveness and sustainability of such actions
taken by States.
(3) Impediments in underwriting wildfire risk.--With
respect to impediments faced by private insurers underwriting
wildfire risk, what is or are--
(A) the correlated risks and the extent of such risks;
(B) the extent of private insurers' inability to estimate
magnitude of future likelihood of wildfires and of expected
damages from wildfires;
(C) the extent to which need for affordable housing
contributes to people relocating to more remote, heavily
wooded areas with higher wildfire risk;
(D) the potential for wildfire losses sufficiently large to
jeopardize insurers' solvency;
(E) the extent to which, and areas in which, risk-adjusted
market premiums for wildfire risk are so high as to be
unaffordable;
(F) the manners in which the Federal Government and State
governments can alleviate any of these impediments, including
through--
(i) improved forest management policies to reduce wildfire
risk;
(ii) improved data to estimate risk;
(iii) relocating homeowners from wildfire zones;
(iv) allowing insurers to charge risk-adjusted premiums for
wildfire risk, combined with subsidized premiums for lower-
income homeowners; and
(v) taking a last-loss position in reinsuring wildfire
risk;
(G) the available policy responses if private insurers exit
the wildfire coverage market and the advantages and
disadvantages of each such response;
(H) the effects of lack of wildfire coverage or more
expensive wildfire coverage rates, cost-sharing, or both--
(i) on local communities, including on low- or moderate-
income property owners and small businesses;
(ii) by race and ethnicity;
(iii) on rebuilding in communities previously damaged by
wildfires; and
(iv) on the demand for wildfire coverage by property
owners;
(I) the effects of potential State prohibitions on
termination of policies due to wildfire claims on insurer
solvency; and
(J) the manner in which private insurers are modeling or
estimating future wildfire risk.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Congress a report identifying the findings and
conclusions of the study conducted pursuant to subsection
(a).
TITLE VI--OTHER MATTERS
SEC. 601. EXTREME WEATHER EVENTS.
(a) Definitions.--
(1) In general.--Section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133)
is amended--
(A) by amending subsection (a) to read as follows:
``(a) Definition of Underserved Community.--In this
section, the term `underserved community' means a community,
or a neighborhood within a community, that--
``(1) is classified as high risk according to census tract
risk ratings derived from a product that--
``(A) is maintained under a natural hazard assessment
program;
``(B) is available to the public;
``(C) defines natural hazard risk across the United States;
``(D) reflects high levels of individual hazard risk
ratings;
``(E) reflects high social vulnerability ratings and low
community resilience ratings;
``(F) reflects the principal natural hazard risks
identified for the respective census tracts; and
``(G) any other elements determined by the President.
``(2) is comprised of 50,000 or fewer individuals and is
economically disadvantaged, as determined by the State in
which the community is located and based on criteria
established by the President; or
``(3) is otherwise determined by the President based on
factors including, high housing cost burden and substandard
housing, percentage of homeless population, limited water and
sanitation access, demographic information such as race, age,
and disability, language composition, transportation access
or type, disproportionate environmental stressor burden, and
disproportionate impacts from climate change.'';
(B) in subsection (g)(9) by striking ``small impoverished
communities'' and inserting ``underserved communities''; and
(C) in subsection (h)(2)--
(i) in the heading by striking ``Small impoverished
communities'' and inserting ``Underserved communities''; and
(ii) by striking ``small impoverished community'' and
inserting ``underserved community''.
(2) Applicability.--The amendments made by subsection (a)
shall apply with respect to any amounts appropriated on or
after the date of enactment of this Act.
(b) Guidance on Extreme Temperature Events.--Not later than
1 year after the date of enactment of this Act, the
Administrator of the Federal Emergency Management
Administration shall issue guidance related to extreme
temperature events, including heat waves and freezes, and
publish such guidance in the Federal Emergency Management
Administration Public Assistance Program and Policy Guide.
(c) Hazard Mitigation Plans.--Section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165) is amended--
(1) in subsection (a) by striking the period at the end and
inserting ``, including--
``(1) identifying the extent to which resilience is or will
be incorporated into other planning processes, including
community land use, economic development, capital improvement
budgets and transportation planning processes;
``(2) goals and objectives related to increasing resilience
over a 5-year period, including benchmarks for future work
and an assessment of past progress;
``(3) the building codes in existence at the time the plan
is submitted and standards that are in use by the State for
all manner of planning or development purposes and how the
State has or will comply with the standards set forth in
section 406(e)(1)(A);
``(4) the use of nature-based solutions or other mitigation
activities that conserve or restore natural features that can
serve to abate or lessen the impacts of future disasters;
``(5) integration of each local mitigation plan with the
State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved communities (as
such term is defined in section 203(a)) and plans to address
any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience
goals and provide technical assistance for States, Indian
Tribes, territories, and local governments to meet such
goals.
``(g) Adequate Staffing.--The Administrator of the Federal
Emergency Management Agency shall ensure that ample staff are
available to develop the guidance and technical assistance
under section 322, including hazard mitigation planning staff
and personnel with expertise in community planning, land use
development, and consensus based codes and hazard resistant
designs at each regional office that specifically focus on
providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
[[Page H7479]]
``(h) Reporting.--Not less frequently than every 5 years,
the Administrator shall submit to Congress a report on the
progress of meeting the goals under this section.''.
(d) Additional Uses of Funds.--Section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) is amended by adding at the end the following:
``(k) Additional Uses of Funds.--For State and local
governments that have exceeded, adopted, or are implementing
the latest two published editions of relevant consensus-based
codes, specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities, a
recipient of assistance provided under this paragraph may use
such assistance in a manner consistent with the standards set
forth in clauses (ii) and (iii) of section 406(e)(1)(A).''.
(e) Collaboration With Other Agencies.--In awarding grants
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of
the Federal Emergency Management Agency may coordinate with
other relevant agencies, including the Environmental
Protection Agency, the Department of Energy, the Department
of Transportation, the Corps of Engineers, the Department of
Agriculture, and the Department of Housing and Urban
Development, as necessary, to improve collaboration for
eligible activities under the Act.
(f) GAO Reports.--
(1) Extreme temperature events.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General of the United States
shall evaluate and issue to Congress and the Federal
Emergency Management Agency a report regarding the impacts of
extreme temperatures events on communities, the challenges
posed to the Federal Emergency Management Agency in
addressing extreme temperature events, and recommendations
for the Federal Emergency Management Agency to better provide
assistance to communities experiencing extreme temperature
events. The report may also include examples of specific
mitigation and resilience projects that communities may
undertake, and the Federal Emergency Management Agency may
consider, to reduce the impacts of extreme temperatures on
and within building structures, participatory processes that
allow for public engagement in determining and addressing
local risks and vulnerabilities related to extreme
temperatures events, and community infrastructure, including
heating or cooling shelters.
(2) Smoke and indoor air quality.--Not later than 1 year
after the date of enactment of this Act, and every 5 years
thereafter, the Comptroller General shall evaluate and issue
to Congress and the Federal Emergency Management Agency a
report regarding the impacts of wildfire smoke and poor
indoor air quality, the challenges posed to Federal Emergency
Management Agency in addressing wildfire smoke and indoor air
quality, and recommendations for the Federal Emergency
Management Agency to better provide assistance to communities
and individuals in dealing with wildfire smoke and indoor air
quality.
(g) Report Congress and Update of Cost Effectiveness
Determinations and Declarations.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the
Director of the Office of Management and Budget, shall submit
to Congress a report regarding the challenges posed by the
Agency's requirements for declaring an incident or
determining the cost effectiveness of mitigation activities
and specifically how such requirements may disproportionately
burden small impoverished communities, or specific vulnerable
populations within communities.
(2) Update of cost effectiveness determination.--Not later
than 5 years after the date of enactment of this Act, the
Administrator, to the extent practicable, shall update the
requirements for determining cost effectiveness and declaring
incidents, including selection of appropriate interest rates,
based on the findings made under subsection (a).
SEC. 602. FIRE MANAGEMENT ASSISTANCE PROGRAM POLICY.
The Administrator of the Federal Emergency Management
Agency shall issue such regulations as are necessary to
update the categories of eligibility and timelines for the
fire management assistance program under section 420 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5187) to be, to the maximum extent
practicable, the same as such categories and timelines under
the public assistance program under section 406 of such Act
(42 U.S.C. 5172).
SEC. 603. CHANGES TO PUBLIC ASSISTANCE POLICY GUIDE.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Emergency Management
Agency shall issue such regulations as are necessary to
update the Public Assistance Program and Policy Guide of the
Federal Emergency Management Agency to include guidance on
the wildfire-specific challenges, including debris removal,
emergency protective measures, and the resulting toxicity of
drinking water resources.
SEC. 604. MITIGATION BENEFIT-COST ANALYSIS.
(a) In General.--The Administrator of the Federal Emergency
Management Agency shall conduct a review of the benefit cost
analysis criteria for mitigation projects under sections 203
and 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. ) to consider a broader
range of factors, including--
(1) the establishment of a benefit cost analysis pre-
calculated benefits critereon for common defensible space
mitigation projects;
(2) projects that use nature-based infrastructure;
(3) considerations for ecological and societal health;
(4) carbon sequestration;
(5) improved water quality; and
(6) lessening disaster impact on traditionally underserved
communities.
(b) Updated Criteria.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall issue such
regulations as are necessary to--
(1) update the benefit cost analysis criteria for
mitigation projects under sections 203 and 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. ) based on the results of the review conducted under
subsection (a); and
(2) prioritize projects under such sections based on the
benefit cost analysis criteria updated under paragraph (1).
DIVISION D--ENVIRONMENTAL JUSTICE
SEC. 101. DEFINITIONS.
In this division:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council described
in section 109.
(3) Aggrieved person.--The term ``aggrieved person'' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
(4) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 107.
(5) Community of color.--The term ``community of color''
means any geographically distinct area the population of
color of which is higher than the average population of color
of the State in which the community is located.
(6) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis
on the democratization of science and the engagement of
diverse people and communities.
(7) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(8) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(9) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral,
actually has the effect of subjecting persons to
discrimination on the basis of race, color, or national
origin.
(10) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and Indigenous communities.
(11) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, culture,
national origin, educational level, or income, with respect
to the development, implementation, and enforcement of
environmental laws, regulations, and policies to ensure
that--
(A) populations of color, communities of color, Tribal and
Indigenous communities, and low-income communities have
access to public information and opportunities for meaningful
public participation relating to human health and
environmental planning, regulations, and enforcement;
(B) Each population of color or community of color, Tribal
and Indigenous community, or low-income community enjoy the
same degree of protection from pollution or other
environmental and health hazards; and
(C) the 17 Principles of Environmental Justice written and
adopted at the First National People of Color Environmental
Leadership Summit held on October through 27, 1991, in
Washington, DC, are upheld.
(12) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-
income communities, or Tribal and Indigenous communities,
that experiences, or is at risk of experiencing higher or
more adverse human health or environmental effects.
(13) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice or activity by a
Federal agency in a manner that ensures that no group of
individuals (including racial, ethnic, or socioeconomic
groups) experience a disproportionate burden of adverse human
health or environmental effects resulting from such program,
policy, practice, or activity, as determined through
consultation with, and with the meaningful participation of,
individuals from the communities affected by a program,
policy, practice or activity of a Federal agency.
(14) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working Group;
and
(B) any other Federal agency that carries out a Federal
program or activity that substantially affects human health
or the environment, as determined by the President.
(15) Tribal and indigenous community.--The term ``Tribal
and Indigenous community''
[[Page H7480]]
refers to a population of people who are members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community or
organization; and
(D) any other community of Indigenous people located in a
State.
(16) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (U.S.C. 5304).
(17) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used
to effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local business.
(18) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township, local
public authority, school district, special district,
intrastate district, council of governments (regardless of
whether the council of governments is incorporated as a
nonprofit corporation under State law), regional or
interstate governmental entity, or agency or instrumentality
of a local government; or
(B) an Indian Tribe or authorized Tribal organization, or
Alaska Native village or organization, that is not a Tribal
Government.
(19) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median income of
the area in which the household is located, as reported by
the Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(20) Low-income community.--The term ``low income
community'' means any census block group in which 30 percent
or more of the population are individuals with low income.
(21) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community have an
appropriate opportunity to participate in decisions regarding
a proposed activity that will affect the environment or
public health of the community;
(B) the public contribution can influence the determination
by the Federal agency;
(C) the concerns of all participants involved are taken
into consideration in the decision-making process; and
(D) the Federal agency--
(i) provides to potentially affected members of the public
relevant and accurate information regarding the activity
potentially affecting the environment or public health of
affected members of the public; and
(ii) facilitates the involvement of potentially affected
members of the public.
(22) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as race,
ethnicity, national origin, income-level, health disparities,
or other public health and socioeconomic attributes.
(23) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another non-White race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(24) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet and in
public libraries; and
(B) accessible for--
(i) individuals who are limited in English proficiency, in
accordance with Executive Order No. 13166 (65 Fed. Reg. 50121
(August 16, 2000)); and
(ii) individuals with disabilities.
(25) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(26) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe.
(27) White house interagency council.--The term ``White
House Interagency Council'' means the White House
Environmental Justice Interagency Council.
(28) Climate justice.--The term ``climate justice'' means
the fair treatment and meaningful involvement of all
individuals, regardless of race, color, culture, national
origin, educational level, or income, with respect to the
development, implementation, and enforcement of policies and
projects that address climate change, a recognition of the
historical responsibilities for climate change, and a
commitment that the people and communities least responsible
for climate change, and most vulnerable to the impacts of
climate change, do not suffer disproportionately as a result
of historical injustice and disinvestment.
(29) Natural infrastructure.--The term ``natural
infrastructure'' means infrastructure that uses, restores, or
emulates natural ecological processes and--
(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate
to the region to manage stormwater and runoff, to attenuate
flooding and storm surges, to prevent and mitigate and
address wildfires and drought, and for other related
purposes.
SEC. 102. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL
ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to
eligible entities to enable such entities to participate in
decisions impacting the health and safety of their
communities in connection with an actual or potential release
of a covered hazardous air pollutant or in connection with
wildfires or drought.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to
apply for a grant under this section, including the required
content and form of applications, the manner in which
applications must be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who
reside in a community that--
(1) is a population of color, a community of color, a
Tribal and Indigenous community, or a low-income community;
and
(2) is in close proximity to the site of an actual or
potential release of a covered hazardous air pollutant.
(d) Use of Funds.--An eligible entity receiving a grant
under this section shall use the grant to participate in
decisions impacting the health and safety of the community
involved in connection with an actual or potential release of
a covered hazardous air pollutant, including--
(1) interpreting information with regard to the nature of
the hazard, cumulative impacts studies, health impacts
studies, remedial investigation and feasibility studies,
agency decisions, remedial design, and operation and
maintenance of necessary monitors; and
(2) performing additional air pollution monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this section
(excluding any renewals of the grant) may not exceed $50,000
for any grant recipient.
(B) Exception.--The Administrator may waive the limitation
in subparagraph (A) with respect to an applicant in any case
where the Administrator determines that such waiver is
necessary for the community involved to obtain the necessary
technical assistance.
(2) Renewal.--Grants may be renewed for each step in the
regulatory, removal, or remediation process in connection
with a facility with the potential to release a covered
hazardous air pollutant.
(f) Definition of Covered Hazardous Air Pollutant.--In this
section, the term ``covered hazardous air pollutant'' means a
hazardous air pollutant (as defined in section 112 of the
Clean Air Act) that--
(1) is listed on the toxics release inventory under section
(c) of the Emergency Planning and Community Right-To-Know Act
of 1986; or
(2) is identified as carcinogenic by an assessment under
the Integrated Risk Information System (IRIS) of the
Environmental Protection Agency.
SEC. 103. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY
COUNCIL.
(a) In General.--The President shall maintain within the
Executive Office of the President a White House Environmental
Justice Interagency Council.
(b) Requirements.--
(1) Composition.--The White House Interagency Council shall
be comprised of the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental Justice.
(N) The Chairman of the Consumer Product Safety Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and Budget.
(Q) The Director of the Office of Science and Technology
Policy.
(R) The Chair of the Council on Environmental Quality.
(S) The Assistant to the President for Domestic Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic Advisers.
(V) The Secretary of Education.
(W) The Deputy Assistant to the President for Environmental
Policy.
(X) The Director of the National Institutes of Health.
[[Page H7481]]
(Y) The Director of the National Park Service.
(Z) The Assistant Secretary of the Bureau of Indian
Affairs.
(AA) The Chairperson of the National Environmental Justice
Advisory Council.
(BB) Such other Federal officials as the President may
designate.
(2) Functions.--The White House Interagency Council shall--
(A) report to the President through the Chair of the
Council on Environmental Quality;
(B) provide guidance to Federal agencies regarding criteria
for identifying disproportionately high and adverse human
health or environmental effects--
(i) on populations of color, communities of color, Tribal
and Indigenous communities, and low-income communities; and
(ii) on the basis of race, color, national origin, or
income;
(C) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency with respect to the
implementation and updating of an environmental justice
strategy required under this division, in order to ensure
that the administration, interpretation, and enforcement of
programs, activities, and policies are carried out in a
consistent manner; (D) assist in coordinating research by,
and stimulating cooperation among, the Environmental
Protection Agency, the Department of Health and Human
Services, the Department of Housing and Urban Development,
and other Federal agencies conducting research or other
activities in accordance with this division;
(E) identify, based in part on public recommendations
contained in Federal agency progress reports, important areas
for Federal agencies to take into consideration and address,
as appropriate, in environmental justice strategies and other
efforts;
(F) assist in coordinating data collection and maintaining
and updating appropriate databases, as required by this
division;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit public
participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation among
Federal agencies.
(3) Public participation.--The White House Interagency
Council shall--
(A) hold public meetings or otherwise solicit public
participation and community-based science for the purpose of
fact-finding with respect to the implementation of this
division; and
(B) prepare for public review and publish a summary of any
comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may
commence a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated
pursuant to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 104. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL
JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health
or environmental effects of the programs, policies, and
activities of the Federal agency on populations of color,
communities of color, Tribal and Indigenous communities, and
low-income communities in the United States (including the
territories and possessions of the United States and the
District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or
subjecting any individual or group to discrimination under,
the program, policy, or activity on the basis of race, color,
or national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency shall
implement and update, not less frequently than annually, an
agencywide environmental justice strategy that identifies and
includes strategies to address disproportionally high and
adverse human health or environmental effects of the
programs, policies, spending, and other activities of the
Federal agency with respect to populations of color,
communities of color, Tribal and Indigenous communities, and
low- income communities, including, as appropriate for the
mission of the Federal agency, with respect to the following
areas:
(i) Implementation of the National Environmental Policy Act
of 1969 (42 U.S.C. et seq.).
(ii) Implementation of title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) (including regulations
promulgated pursuant to that title).
(iii) Implementation of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of infrastructure, or from
deteriorated infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change, including wildfires and
drought.
(vii) Impacts from commercial transportation.
(viii) Strategies for the implementation of agency
programs, policies, and activities to provide for--
(I) equal protection from environmental and health hazards
for populations of color, communities of color, Tribal and
Indigenous communities, and low-income communities;
(II) equal opportunity for public involvement and due
process to populations of color, communities of color, Tribal
and Indigenous communities, and low-income communities in the
development, implementation, and enforcement of agency
programs, policies, and activities;
(III) improved technical assistance and access to
information to populations of color, communities of color,
Tribal and Indigenous communities, and low-income communities
regarding the impacts of agency programs, policies, and
activities on environmental justice communities;
(IV) improved agency cooperation with State governments,
Tribal Governments, and local governments to address
pollution and public health burdens for populations of color,
communities of color, Tribal and Indigenous communities, and
low-income communities.
(B) Revisions.--
(i) In general.--Each strategy developed and updated
pursuant to subparagraph (A) shall identify programs,
policies, planning and public participation processes,
rulemaking, agency spending, and enforcement activities
relating to human health or the environment that may be
revised, at a minimum--
(I) to promote enforcement of all health, environmental,
and civil rights laws and regulations in areas containing
populations of color, communities of color, Tribal and
Indigenous communities, and low-income communities;
(II) to ensure greater public participation;
(III) to provide increased access to infrastructure;
(IV) to improve research and data collection relating to
the health and environment of populations of color,
communities of color, Tribal and Indigenous communities, and
low-income communities, including through the increased use
of community-based science; and
(V) to identify differential patterns of use of natural
resources among populations of color, communities of color,
Tribal and Indigenous communities, and low-income
communities.
(ii) Timetables.--Each strategy implemented and updated
pursuant to subparagraph (A) shall include a timetable for
undertaking revisions identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after the date
of enactment of this Act, and not less frequently than once
every 5 years thereafter, each Federal agency shall submit to
Congress and the Working Group, and shall publish, a progress
report that includes, with respect to the period covered by
the report--
(i) a description of the current environmental justice
strategy of the Federal agency;
(ii) an evaluation of the progress made by the Federal
agency at national and regional levels regarding
implementation of the environmental justice strategy,
including--
(I) metrics used by the Federal agency to measure
performance; and
(II) the progress made by the Federal agency toward--
(aa) the achievement of the metrics described in subclause
(I); and
(bb) mitigating identified instances of environmental
injustice;
(iii) a description of the participation by the Federal
agency in interagency collaboration;
(iv) responses to recommendations submitted by members of
the public to the Federal agency relating to the
environmental justice strategy of the Federal agency and the
implementation by the Federal agency of this division; and
(v) any updates or revisions to the environmental justice
strategy of the Federal agency, including those resulting
from public comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for the
public to submit comments and recommendations relating to the
environmental justice strategy, progress reports, and ongoing
efforts of the Federal agency to incorporate environmental
justice principles into the programs, policies, and
activities of the Federal agency;
(B) hold public meetings or otherwise solicit public
participation and community-based science from populations of
color, communities of color, Tribal and Indigenous
communities, and low-income communities for fact-finding,
receiving public comments, and conducting inquiries
concerning environmental justice; and
(C) prepare for public review and publish a summary of the
comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of the
Federal agency that affect human health or the environment;
and
(B) translate and publish any public documents, notices,
and hearings relating to an action of the Federal agency as
appropriate for the affected population, specifically in any
case in which a limited English-speaking population may be
disproportionately affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--Notwithstanding any
other provision of law, sections II and III of the guidance
issued by the Council on Environmental Quality entitled
``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(B) Environmental protection agency.--Notwithstanding any
other provision of law, the guidance issued by the
Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance
for Discussing Tribal Treaty Rights'' and dated February 2016
is enacted into law.
(b) Human Health and Environmental Research, Data
Collection, and Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health research,
include diverse segments of the
[[Page H7482]]
population in epidemiological and clinical studies, including
segments at high risk from environmental hazards, such as--
(i) populations of color, communities of color, Tribal and
Indigenous communities, populations with low income, and low-
income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to substantial
environmental hazards;
(B) in conducting environmental or human health analyses,
identify multiple and cumulative exposures; and
(C) actively encourage and solicit community-based science,
and provide to populations of color, communities of color,
Tribal and Indigenous communities, populations with low
income, and low income communities the opportunity to comment
regarding the development and design of research strategies
carried out pursuant to this division.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including
section 552a of title 5, United States Code (commonly known
as the Privacy Act)), each Federal agency shall--
(A) collect, maintain, and analyze information assessing
and comparing environmental and human health risks borne by
populations identified by race, national origin, or income;
and
(B) use that information to determine whether the programs,
policies, and activities of the Federal agency have
disproportionally high and adverse human health or
environmental effects on populations of color, communities of
color, Tribal and Indigenous communities, and low-income
communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency
strategies under subsection (a)(3), each Federal agency, to
the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information
relating to the race, national origin, and income level, and
other readily accessible and appropriate information, for
fenceline communities in proximity to any facility or site
expected to have a substantial environmental, human health,
or economic effect on the surrounding populations, if the
facility or site becomes the subject of a substantial Federal
environmental administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information
relating to the race, national origin, and income level, and
other readily accessible and appropriate information, for
fenceline communities in proximity to any facility of the
Federal agency that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-To-Know Act of (42
U.S.C. 11001 et seq.), as required by Executive Order No.
12898 (42 U.S.C. 4321 note; relating to Federal actions to
address environmental justice in minority populations and
low-income populations); and
(B) expected to have a substantial environmental, human
health, or economic effect on surrounding populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information available
concerning methods for evaluating the human health risks
associated with the consumption of pollutant-bearing fish or
wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall
continue to make available to the public an environmental
justice mapping and screening tool (such as EJScreen or an
equivalent tool) that includes, at a minimum, the following
features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(e) Judicial Review and Rights of Action.--Any person may
commence a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated
pursuant to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section,
each Federal agency, to the maximum extent practicable and
permitted by applicable law, shall share information and
eliminate unnecessary duplication of efforts through the use
of existing data systems and cooperative agreements among
Federal agencies and with State, local, and Tribal
Governments.
(g) Climate and Economic Justice Screening Tool.--The Chair
of the Council on Environmental Quality shall--
(1) maintain a geospatial Climate and Economic Justice
Screening Tool; and
(2) annually publish interactive maps highlighting
disadvantaged communities.
SEC. 105. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date
of enactment of this Act, each employee of the Department of
Energy, the Environmental Protection Agency, the Department
of the Interior, and the National Oceanic and Atmospheric
Administration shall complete an environmental justice
training program to ensure that each such employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental justice
concepts into the daily activities of the employee; and
(B) increasing the meaningful participation of individuals
from environmental justice communities in the activities of
the applicable agency.
(b) Mandatory Participation.--Effective on the date that is
1 year after the date of enactment of this Act, each
individual hired by the Department of Energy, the
Environmental Protection Agency, the Department of the
Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to
participate in environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the White House Interagency Council, not
later than 30 days after the date on which an individual is
appointed to the position of environmental justice
coordinator, or any other position the responsibility of
which involves the conduct of environmental justice
activities, the individual shall be required to possess
documentation of the completion by the individual of
environmental justice training.
(2) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the White House Interagency
Council shall evaluate the training programs of such Federal
agency to determine if such Federal agency has improved the
rate of training of the employees of such Federal agency to
ensure that each employee has received environmental justice
training.
SEC. 106. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a
basic training program, in coordination and consultation with
nongovernmental environmental justice organizations, to
increase the capacity of residents of environmental justice
communities to identify and address disproportionately
adverse human health or environmental effects by providing
culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the detection,
assessment, and evaluation of the effects of hazardous
substances, wildfire, and drought on human health;
(B) methods to assess the risks to human health presented
by hazardous substances, wildfire, and drought;
(C) methods and technologies to detect hazardous substances
in the environment;
(D) basic biological, chemical, and physical methods to
reduce the quantity and toxicity of hazardous substances and
to reduce the frequency and extent of wildfires and drought;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate impacts
and discrimination, including--
(i) laws adopted to protect human health and the
environment; and
(ii) section 602 of the Civil Rights Act of (42 U.S.C.
2000d-1);
(F) public engagement opportunities through the policies
and laws described in subparagraph (E);
(G) materials available on the Clearinghouse described in
this division;
(H) methods to expand access to parks and other natural and
recreational amenities; and
(I) finding and applying for Federal grants related to
environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity
to hazardous substances or in locations at risk of wildfires
or drought to provide, as applicable--
(A) education relating to--
(i) the proper manner to handle hazardous substances;
(ii) the management of facilities at which hazardous
substances are located (including facility compliance
protocols);
(iii) the evaluation of the hazards that facilities
described in clause (ii) pose to human health; and
(iv) preventing, mitigating, and managing wildfires and
drought and the hazards that wildfires and drought pose to
human health; and
(B) training on environmental and occupational health and
safety with respect to the public health and engineering
aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator
may provide grants to, or enter into any contract or
cooperative agreement with, an eligible entity to carry out
any training or educational activity described in subsection
(a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an
accredited institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the detection,
assessment, evaluation, or treatment of hazardous waste;
(D) any owner or operator of a facility at which hazardous
substances are located; or
(E) any State government, Tribal Government, or local
government.
[[Page H7483]]
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation
with the Director, shall develop and publish in the Federal
Register a plan to carry out the basic training program
established under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of each
activity described in subsection (a); and
(B) a description of research and training relevant to
environmental justice issues of communities adversely
affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representative
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training program
established under subsection (a); and
(B) the impact of the basic training program on improving
training opportunities for residents of environmental justice
communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2023 through 2027.
SEC. 107. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
public internet-based clearinghouse, to be known as the
Environmental Justice Clearinghouse.
(b) Contents.--The Clearinghouse shall be composed of
culturally and linguistically appropriate materials related
to environmental justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand
and carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by
people of color, that address issues relating to
environmental justice at the local, State, and Federal levels
(with particular emphasis given to nonprofit and community-
based organizations that possess the capability to provide
advice or technical assistance to environmental justice
communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources
available to help address the disproportionate burden of
adverse human health or environmental effects on
environmental justice communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing
academic and community-based organizations who have expertise
in issues relating to environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 108. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, and biennially thereafter, the
Administrator shall hold public meetings on environmental
justice issues in each region of the Environmental Protection
Agency to gather public input with respect to the
implementation and updating of environmental justice
strategies and efforts of the Environmental Protection
Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in
subsection (a), shall to the extent practicable hold multiple
meetings in environmental justice communities in each region
to provide meaningful community involvement opportunities.
(c) Notice.--Notice for the meetings described in
subsections (a) and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community, including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice organizations;
(E) homeowners, tenants, and neighborhood watch groups;
(F) local and Tribal Governments;
(G) rural cooperatives;
(H) business and trade organizations;
(I) community and social service organizations;
(J) universities, colleges, and vocational schools;
(K) labor organizations;
(L) civil rights organizations;
(M) senior citizens' groups; and
(N) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The
Administrator shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make
available translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill
any condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document
is voluntary.
(e) Required Attendance of Certain Employees.--In holding a
public meeting under subsection (a), the Administrator shall
ensure that at least 1 employee of the Environmental
Protection Agency at the level of Assistant Administrator is
present at the meeting to serve as a representative of the
Environmental Protection Agency.
SEC. 109. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an
advisory council, to be known as the National Environmental
Justice Advisory Council.
(b) Membership.--The Advisory Council shall be composed of
26 members who have knowledge of, or experience relating to,
the effect of environmental conditions on communities of
color, low-income communities, and Tribal and Indigenous
communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice, including
grassroots organizations led by people of color;
(B) State governments, Tribal Governments, and local
governments;
(C) Indian Tribes and other Indigenous groups;
(D) nongovernmental and environmental organizations; and
(E) private sector organizations (including representatives
of industries and businesses); and
(2) experts in the field of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council with
respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent
advice and recommendations to the Environmental Protection
Agency with respect to issues relating to environmental
justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between, and among, the Environmental Protection Agency
and Federal agencies, State and local governments, Indian
Tribes, environmental justice leaders, interest groups, and
the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and Indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the Environmental
Protection Agency with respect to the integration by the
Environmental Protection Agency of socioeconomic programs
into the strategic planning, annual planning, and management
accountability of the Environmental Protection Agency to
achieve environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection Agency
in planning, developing, and implementing environmental
justice strategies, project, and programs;
(C) any existing and future information management systems,
technologies, and data collection activities of the
Environmental Protection Agency (including recommendations to
conduct analyses that support and strengthen environmental
justice programs in administrative and scientific areas);
[[Page H7484]]
(D) the administration of grant programs relating to
environmental justice assistance; and
(E) education, training, and other outreach activities
conducted by the Environmental Protection Agency relating to
environmental justice.
(e) Designated Federal Officer.--The Director of the Office
of Environmental Justice of the Environmental Protection
Agency is designated as the Federal officer required under
section 10(e) of the Federal Advisory Committee Act (5 U.S.C.
App.) for the Advisory Council.
(f) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Duties of designated federal officer.--The designated
Federal officer described in subsection (e) (or a designee)
shall--
(A) be present at each meeting of the Advisory Council;
(B) ensure that each meeting is conducted in accordance
with an agenda approved in advance by the designated Federal
officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each meeting of the
Advisory Council; or
(ii) to make statements at such a meeting, to the extent
that time permits;
(D) ensure that a representative of the Working Group and a
high-level representative from each regional office of the
Environmental Protection Agency are invited to, and
encouraged to attend, each meeting of the Advisory Council;
and
(E) provide technical assistance to States seeking to
establish State-level environmental justice advisory councils
or implement other environmental justice policies or
programs.
(g) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(h) Travel Expenses.--A member of the Advisory Council may
be allowed travel expenses, including per diem in lieu of
subsistence, at such rate as the Administrator determines to
be appropriate while away from the home or regular place of
business of the member in the performance of the duties of
the Advisory Council.
(i) Duration.--The Advisory Council shall remain in
existence unless otherwise provided by law.
SEC. 110. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry
out the Environmental Justice Small Grants Program and the
Environmental Justice Collaborative Problem-Solving
Cooperative Agreement Program, as those programs are in
existence on the date of enactment of this Act.
(b) Care Grants.--The Administrator shall continue to carry
out the Community Action for a Renewed Environment grant
programs I and II, as in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out the programs described in
subsections (a) and (b) $50,000,000 for each of fiscal years
2023 through 2032.
SEC. 111. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE
DISPOSAL TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Administrator may award grants to
eligible entities to enable such entities to participate in
decisions impacting the health and safety of their
communities relating to the permitting or permit renewal of a
solid waste disposal facility or hazardous waste facility.
(b) Timing.--
(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the process for eligible entities to
apply for a grant under this section, including the required
content and form of applications, the manner in which
applications must be submitted, and any applicable deadlines.
(2) First grant.--Not later than 180 days after the
issuance of guidance under paragraph (1), the Administrator
shall award the first grant under this section.
(c) Eligible Entity.--To be eligible for a grant under this
section, an applicant shall be a group of individuals who
reside in a community that--
(1) is a population of color, a community of color, a
Tribal and Indigenous community, or a low-income community;
and
(2) is in close proximity to a facility described in
subsection (a) for which a decision relating to a permit or
permit renewal for such facility is required.
(d) Use of Funds.--An eligible entity receiving a grant
under this section shall use the grant to participate in
decisions impacting the health and safety of the community
involved that are related to the permitting or permit renewal
of a solid waste disposal facility or hazardous waste
facility, including--
(1) interpreting information with regard to--
(A) cumulative impacts studies;
(B) health impacts studies;
(C) relevant agency decisions; and
(D) operation and maintenance of necessary monitors; and
(2) performing environmental monitoring.
(e) Limitations on Amount; Renewal.--
(1) Amount.--
(A) In general.--The amount of a grant under this section
(excluding any renewals of the grant) may not exceed $50,000
for any grant recipient.
(B) Exception.--The Administrator may waive the limitation
in subparagraph (A) with respect to an applicant in any case
where the Administrator determines that such waiver is
necessary for the community involved to obtain the necessary
technical assistance.
(2) Renewal.--Grants may be renewed for each step in the
process for the permitting or permit renewal of a solid waste
disposal facility or hazardous waste facility.
SEC. 112. ENVIRONMENTAL JUSTICE COMMUNITY, STATE, AND TRIBAL
GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services,
to reduce the disproportionate health impacts of
environmental pollution in the environmental justice
community at which the eligible entity proposes to conduct an
activity that is the subject of the application described in
paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) an outline describing the means by which the project
proposed by the eligible entity will--
(i) with respect to environmental and public health issues
at the local level, increase the understanding of the
environmental justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the environmental justice
community to address each issue described in clause (i);
(iii) facilitate collaboration and cooperation among
various stakeholders (including members of the environmental
justice community); and
(iv) support the ability of the environmental justice
community to proactively plan and implement just sustainable
community development and revitalization initiatives,
including countering displacement and gentrification;
(B) a proposed budget for each activity of the project that
is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond
the period of the grant; and
(E) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental
justice community at which the eligible entity will conduct
the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing the ways by which the grant program under this
subsection has helped community-based nonprofit organizations
address issues relating to environmental justice.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000
for each of fiscal years 2023 through 2027.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically appropriate
protocols, activities, and mechanisms for addressing issues
relating to environmental justice; and
[[Page H7485]]
(B) to carry out culturally and linguistically appropriate
activities to reduce or eliminate disproportionately adverse
human health or environmental effects on environmental
justice communities in the State, including reducing economic
vulnerabilities that result in the environmental justice
communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant under
paragraph (1), a State shall submit to the Administrator an
application at such time, in such manner, and containing such
information as the Administrator may require, including--
(i) a plan that contains a description of the means by
which the funds provided through a grant under paragraph (1)
will be used to address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided through a grant
under paragraph (1) will be used only to supplement the
amount of funds that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to receive
a grant under paragraph (1), a State shall demonstrate to the
Administrator that the State has the ability to continue each
program that is the subject of funds provided through a grant
under paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing--
(i) the implementation of the grant program established
under paragraph (1);
(ii) the impact of the grant program on improving the
ability of each participating State to address environmental
justice issues; and
(iii) the activities carried out by each State to reduce or
eliminate disproportionately adverse human health or
environmental effects on environmental justice communities in
the State.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2023 through 2027.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Tribal Governments to enable the Indian Tribes--
(A) to establish culturally and linguistically appropriate
protocols, activities, and mechanisms for addressing issues
relating to environmental justice; and
(B) to carry out culturally and linguistically appropriate
activities to reduce or eliminate disproportionately adverse
human health or environmental effects on environmental
justice communities in Tribal and Indigenous communities,
including reducing economic vulnerabilities that result in
the Tribal and Indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant under
paragraph (1), a Tribal Government shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(i) a plan that contains a description of the means by
which the funds provided through a grant under paragraph (1)
will be used to address issues relating to environmental
justice in Tribal and Indigenous communities; and
(ii) assurances that the funds provided through a grant
under paragraph (1) will be used only to supplement the
amount of funds that the Tribal Government allocates for
initiatives relating to environmental justice.
(B) Ability to continue program.--To be eligible to receive
a grant under paragraph (1), a Tribal Government shall
demonstrate to the Administrator that the Tribal Government
has the ability to continue each program that is the subject
of funds provided through a grant under paragraph (1) after
receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing--
(i) the implementation of the grant program established
under paragraph (1);
(ii) the impact of the grant program on improving the
ability of each participating Indian Tribe to address
environmental justice issues; and
(iii) the activities carried out by each Tribal Government
to reduce or eliminate disproportionately adverse human
health or environmental effects on applicable environmental
justice communities in Tribal and Indigenous communities.
(B) Public availability.--The Administrator shall make each
report required under subparagraph (A) available to the
public (including by posting a copy of the report on the
website of the Environmental Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000
for each of fiscal years 2023 through 2027.
(d) Community-based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based
participatory research--
(A) to address issues relating to environmental justice;
(B) to improve the environment of residents and workers in
environmental justice communities; and
(C) to improve the health outcomes of residents and workers
in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership composed of--
(A) an accredited institution of higher education; and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the Administrator
may require, including--
(A) a detailed description of the partnership of the
eligible entity that, as determined by the Administrator,
demonstrates the participation of members of the community at
which the eligible entity proposes to conduct the research;
and
(B) a description of--
(i) the project proposed by the eligible entity; and
(ii) the ways by which the project will--
(I) address issues relating to environmental justice;
(II) assist in the improvement of health outcomes of
residents and workers in environmental justice communities;
and
(III) assist in the improvement of the environment of
residents and workers in environmental justice communities.
(4) Public availability.--The Administrator shall make the
results of the grants provided under this subsection
available to the public, including by posting on the website
of the Environmental Protection Agency a copy of the grant
awards and an annual report at the beginning of each fiscal
year describing the research findings associated with each
grant provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2023 through 2027.
SEC. 113. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES
AGAINST HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or
environmental effects faced by such communities.
(b) Definitions.--In this section:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts of a proposed action
required to be prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of an
environmental impact statement, environmental assessment,
categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Preparation of a Community Impact Report.--A Federal
agency proposing to take a Federal action that has the
potential to cause negative environmental or public health
impacts on an environmental justice community shall prepare a
community impact report assessing the potential impacts of
the proposed action.
(d) Contents.--A community impact report described in
subsection (c) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate, or
contribute to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure
to human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and Federal agencies shall
assess these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the
discretion of the Federal agency proposing the Federal
action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access
public parks, outdoor spaces, and public recreation
opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to human
health and environmental hazards described in paragraph (1)
to a level that is reasonably expected to avoid human health
impacts in environmental justice communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor spaces,
and public recreation opportunities; and
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the
purpose and need of the proposed action.
(e) Delegation.--Federal agencies shall not delegate
responsibility for the preparation of a community impact
report described in subsection (c) to any other entity.
(f) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the
requirements of the National Environmental Policy Act of
[[Page H7486]]
1969 (42 U.S.C. 4321 et seq.) for a proposed Federal action
that may affect an environmental justice community, a Federal
agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action,
and mitigation measures on the environmental justice
community required by that Act;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be
not less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community regarding
the proposed Federal action in each prominent language within
the environmental justice community; and
(B) providing notice of any step or action in the process
that Act involves public participation to any representative
entities or organizations present in the environmental
justice community including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of color;
(iv) environmental and environmental justice organizations,
including community- based grassroots organizations led by
people of color;
(v) homeowners``, tenants'', and neighborhood watch groups;
(vi) local governments and Tribal Governments;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service organizations;
(x) universities, colleges, and vocational schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics; and
(4) provide translations of publicly available documents
made available pursuant to that Act in any language spoken by
more than 5 percent of the population residing within the
environmental justice community.
(g) Communication Methods and Requirements.--Any notice
provided under subsection (f)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community, which may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted
at communities of color, low-income communities, and Tribal
and Indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(h) Requirements for Actions Requiring an Environmental
Impact Statement.--For any proposed Federal action affecting
an environmental justice community requiring the preparation
of an environmental impact statement, the Federal agency
shall provide the following information when giving notice of
the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), with a description of key
milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within
the environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(i) National Environmental Policy Act Requirements for
Indian Tribes.--When carrying out the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an Indian
Tribe, a Federal agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Tribal
Governments, the Federal Government's trust responsibility to
federally Recognized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the process under
that Act for any proposed action that could impact an Indian
Tribe, including actions that could impact off reservation
lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) not later
than the date on which the scoping process for a proposed
action requiring the preparation of an environmental impact
statement commences.
(j) Agency Determinations.--Federal agency determinations
about the analysis of a community impact report described in
subsection (c) shall be subject to judicial review to the
same extent as any other analysis performed under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(k) Effective Date.--This section shall take effect 1 year
after the date of enactment of this Act.
(l) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 114. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C.
2000d) is amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from
participation and denial of benefits) based on disparate
impact is established under this title if--
``(i) an entity subject to this title (referred to in this
title as a `covered entity') has a program, policy, practice,
or activity that causes a disparate impact on the basis of
race, color, or national origin and the covered entity fails
to demonstrate that the challenged program, policy, practice,
or activity is related to and necessary to achieve the
nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
manner; or
``(ii) a less discriminatory alternative program, policy,
practice, or activity exists, and the covered entity refuses
to adopt such alternative program, policy, practice, or
activity.
``(B) With respect to demonstrating that a particular
program, policy, practice, or activity does not cause a
disparate impact, the covered entity shall demonstrate that
each particular challenged program, policy, practice, or
activity does not cause a disparate impact, except that if
the covered entity demonstrates to the courts that the
elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making
process may be analyzed as 1 program, policy, practice, or
activity.
``(2) A demonstration that a program, policy, practice, or
activity is necessary to achieve the goals of a program,
policy, practice, or activity may not be used as a defense
against a claim of intentional discrimination under this
title.
``(3) In this subsection--
``(A) the term `demonstrates' means to meet the burdens of
going forward with the evidence and of persuasion; and
``(B) the term `disparate impact' means an action or
practice that, even if appearing neutral, actually has the
effect of subjecting persons to discrimination on the basis
of their race, color, or national origin.
``(C) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation,
because such person opposed any program, policy, practice, or
activity prohibited by this title, or because such person
made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under this
title.''.
SEC. 115. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with
this title, including any regulation promulgated pursuant to
this title, may file suit in any district court of the United
States having jurisdiction of the parties, without respect to
the amount in controversy and without regard to the
citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment
of this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 116. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) is amended by inserting after section 602 the
following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional
Discrimination.--In an action brought by an aggrieved person
under this title against an entity subject to this title
(referred to in this section as a `covered entity') who has
engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact)
prohibited under this title (including its implementing
regulations), the aggrieved person may recover equitable and
legal relief (including compensatory and punitive damages),
attorney's fees (including expert fees), and costs of the
action, except that punitive damages are not available
against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of
Proof.--In an action brought by an aggrieved person under
this title against a covered entity who has engaged in
unlawful discrimination based on disparate impact prohibited
under this title (including implementing regulations), the
aggrieved person may recover attorney's fees (including
expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
``(2) the term `disparate impact' means an action or
practice that, even if appearing neutral, actually has the
effect of subjecting persons to discrimination on the basis
of their race, color, or national origin.''.
SEC. 117. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE
ENVIRONMENTAL STRESSORS.
(a) Proposed Protocol.--Not later than 180 days after the
date of enactment of this section, the Administrator, in
consultation with the Advisory Council, shall publish a
proposal for a protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors. The Administrator shall allow 90
days for public comment on such proposal. The environmental
stressors addressed under such proposal shall include--
[[Page H7487]]
(1) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms, water
shortage, food shortage, ecosystem disruption, and the spread
of infectious disease;
(2) exposure to pollutants, emissions, discharges, waste,
chemicals, or other materials subject to regulation under the
Clean Air Act, the Federal Water Pollution Control Act, the
Safe Drinking Water Act, the Toxic Substances Control Act,
the Solid Waste Disposal Act, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, the
Emergency Planning and Community Right-to-Know Act of 1986,
and other laws administered by the Administrator; and
(3) other environmental stressors determined by the
Administrator to impact public health.
(b) Final Protocol.--Not later than 1 year after the
enactment of this section, the Administrator shall publish
the final protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors.
(c) Implementation.--Not later than 3 years after the
enactment of this section, the Administrator shall implement
the protocol described under subsection (b).
SEC. 118. CLIMATE JUSTICE GRANT PROGRAM.
(a) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(1) building capacity to address issues relating to climate
justice; and
(2) carrying out any activity described in subsection (d).
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an eligible entity shall be a tribal
government, local government, or nonprofit, community-based
organization.
(c) Application.--To be eligible to receive a grant under
subsection (a), an eligible entity shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(1) an outline describing the means by which the project
proposed by the eligible entity will--
(A) with respect to climate justice issues at the local
level, increase the understanding of the environmental
justice community at which the eligible entity will conduct
the project;
(B) improve the ability of the environmental justice
community to address each issue described in subparagraph
(A);
(C) facilitate collaboration and cooperation among various
stakeholders (including members of the environmental justice
community); and
(D) support the ability of the environmental justice
community to proactively plan and implement climate justice
initiatives;
(2) a proposed budget for each activity of the project that
is the subject of the application;
(3) a list of proposed outcomes with respect to the
proposed project;
(4) a description of the ways by which the eligible entity
may leverage the funds of the eligible entity, or the funds
made available through a grant under this subsection, to
develop a project that is capable of being sustained beyond
the period of the grant; and
(5) a description of the ways by which the eligible entity
is linked to, and representative of, the environmental
justice community at which the eligible entity will conduct
the project.
(d) Use of Funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
climate justice concerns of the environmental justice
community, including activities--
(1) to create or develop collaborative partnerships;
(2) to educate and provide outreach services to the
environmental justice community on climate justice;
(3) to identify and implement projects to address climate
justice concerns, including community solar and wind energy
projects, energy efficiency, home and building
electrification, home and building weatherization, energy
storage, solar and wind energy supported microgrids, battery
electric vehicles, electric vehicle charging infrastructure,
natural infrastructure, addressing the risks and hazards of
wildfires and droughts, and climate resilient infrastructure.
(e) Limitations on Amount.--The amount of a grant under
this section may not exceed $2,000,000 for any grant
recipient.
(f) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of
Representatives and the Committees on Environment and Public
Works and Energy and Natural Resources of the Senate a report
describing the ways by which the grant program under this
subsection has helped eligible entities address issues
relating to energy and climate justice.
(2) Public availability.--The Administrator shall make each
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this subsection
$1,000,000,000 for each of fiscal years 2023 through 2027, of
which, not more than 4 percent for each fiscal year is
authorized to be appropriated for administrative expenses,
including outreach and technical assistance to eligible
entities.
SEC. 119. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBURDENED
BY ENVIRONMENTAL VIOLATIONS.
(a) Identification of Communities.--Not later than 180 days
after the date of enactment of this section, the
Administrator shall, in consultation with the Advisory
Council and co-regulators in State and local agencies,
identify at least 100 communities--
(1) that are environmental justice communities; and
(2) in which there have been over the previous 5 years a
number of violations of environmental law that the
Administrator determines to be greater than the national
average of such violations.
(b) Analysis and Recommendations.--Not later than 1 year
after the enactment of this section, with respect to each
community identified under subsection (a), and in
consultation with the Advisory Council, the Administrator
shall--
(1) undertake an analysis of the conditions which have led
to the number of violations identified under subsection
(a)(1), including through community-based science implemented
through engagement with the residents of each such community;
(2) identify the root cause of the number of violations
described under subsection (a)(1); and
(3) recommend measures that the Administrator shall take,
in coordination with co-regulators in State and local
agencies, to reduce the number of violations of environmental
law to a number that the Administrator determines to be
significantly below the national average.
(c) Implementation.--Not later than 2 years after the date
of enactment of this section, the Administrator shall
complete the implementation of the measures identified under
subsection (b)(3).
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part C of House Report 117-432.
Each such further amendment may be offered only in the order printed in
the report, by a Member designated in the report, shall be considered
read, shall be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question.
Amendment No. 1 Offered by Mr. Westerman
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part C of House Report 117-432.
Mr. WESTERMAN. Madam Chair, as the designee of the gentleman from
California (Mr. McCarthy), I offer amendment No. 1.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 135, line 9, strike ``$400,000,000'' and insert
``$150,000,000''.
Page 364, after line 5, insert the following:
SEC. 115. RURAL COMMUNITIES DRINKING WATER RESILIENCY.
(a) New Well Construction Grants.--Subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922-
1936c) is amended by inserting after section 306E the
following:
``SEC. 306F. NEW WELL CONSTRUCTION GRANTS.
``(a) In General.--The Secretary shall provide grants in
accordance with this section to local governments and public
or private nonprofit entities for projects designed to supply
drinking water to rural communities in which a significant
number of dwellings with private drinking water wells have
wells that are not producing water.
``(b) Use of Funds.--Grants made under this section may be
used--
``(1) for waterline extensions from existing systems,
laying of new waterlines, repairs or maintenance to an
existing system, digging of new wells or development of other
sources of water designed to replace sources of drinking
water with high levels of nitrates, equipment replacement,
and hook-up fees; and
``(2) in the case of a project designed to benefit a rural
community outside the jurisdiction of the grantee, to
maintain existing water supplies of the grantee that will be
reduced as a result of the project.
``(c) Rural Community.--In this section, the term `rural
community' does not include--
``(1) any area in any city or town with a population in
excess of 10,000 inhabitants according to the most recent
decennial census of the United States; and
``(2) any area with a median household income in excess of
the State nonmetropolitan median household income.
``(d) Full Funding.--Grants under this section shall be
made in an amount equal to 100 percent of the costs of the
projects conducted under this section.
``(e) Application.--Subsection (h) of section 306A shall
apply with respect to the administration of applications for
grants under this section.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2023 through 2027.''.
(b) Repeal.--Effective 5 years after the date of the
enactment of this section, section 306F of the Consolidated
Farm and Rural Development Act, as added by the amendment
made by subsection (a), is repealed.
The Acting CHAIR. Pursuant to House Resolution 1254, the gentleman
[[Page H7488]]
from Arkansas (Mr. Westerman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arkansas.
Mr. WESTERMAN. Madam Chair, I rise in support of the amendment.
Madam Chair, Leader McCarthy's amendment presents a commonsense
solution. As he knows all too well from his efforts resolving water
issues, communities in California and elsewhere in the West are running
out of water for families, farms, communities, and many other needs
thanks to natural and manmade drought.
This has a dramatic impact not only to those areas, but it negatively
impacts food production which affects every one of us. In the case of
some California communities, wells that are used to provide drinking
water have or will run dry.
This amendment seeks to provide some relief to rural communities
through the creation of a new grant program aimed at constructing new
wells and waterlines designed to deliver drinking water to these
communities. I thank Leader McCarthy for introducing this amendment and
for his longstanding leadership on bringing balance back to western
water policies.
Madam Chair, I ask my colleagues to join me in supporting the
amendment, and I reserve the balance of my time.
Mr. NEGUSE. Madam Chair, I ask unanimous consent to claim the time in
opposition, even though I am not necessarily opposed.
The Acting CHAIR. Is there objection to the request of the gentleman
from Colorado?
There was no objection.
Mr. NEGUSE. I would simply say, Madam Chair, in the spirit of
bipartisanship--which I think has been reflective of so many of the
bills that are included within this important and critical package that
has been brought to the floor today--that I appreciate the arguments
that were made with respect to this particular amendment. I imagine
that Members are going to consider it thoughtfully and make a judgment
that is in the best interests of their constituents and their
respective States on this particular amendment.
Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, I appreciate the gentleman's kind words
about the amendment.
Madam Chair, I yield to the gentlewoman from California (Ms. Conway).
Ms. CONWAY. Madam Chair, I rise today in support of this amendment
that I coauthored.
In my home, California's Central Valley, communities are running out
of clean water, we would consider drinking water. They are unable to
shower, unable to cook for their families, and unable to stay cool
during intense heat.
Madam Chair, the thought of having to bathe your children, cook food,
and to stay alive with small bottles of water, that is the gist of this
amendment.
Extreme drought and outdated water infrastructure have forced small,
rural communities to truck in water every day. This amendment
authorizes $250 million in grants to improve water access for small
rural communities suffering from drinking water shortages.
My amendment is supported by small communities, local nonprofits, and
those dedicated to helping underserved communities like Self-Help
Enterprises and the Tulare County Board of Supervisors.
Madam Chair, I include in the Record a letter from Self-Help
Enterprises.
Self-Help Enterprises,
July 26, 2022.
Re Conway/McCarthy Amendment to H.R. 5118, Wildfire Response
and Drought Resiliency Act.
Hon. Kevin McCarthy,
Minority Leader of the US House of Representatives,
Washington, DC.
Hon. Connie Conway,
Washington, DC.
Dear Minority Leader McCarthy and Representative Conway: I
am writing on behalf of Self-Help Enterprises to extend our
support for your amendment to the Wildfire Response and
Drought Resiliency Act (H.R. 5118). The McCarthy/Conway
amendment will provide much-needed funding to facilitate
drought resiliency and water system consolidations.
This amendment ensures access to funding to augment water
supplies by larger water systems who extend water service to
smaller disadvantaged communities. It will also allow them to
cover the costs of service extension. One example of this
need is found in Tulare County, California, where Self-Help
Enterprises has been working with the community of Tooleville
(population 500) to connect to the City of Exeter's water
system (population 10,400). Exeter, while an incorporated
city with a mid-sized population, is still small and lacks
the resources or legal authority to spend City funds on the
water system consolidation project. Meanwhile, Tooleville's
small water system is struggling with the effects of drought
and overpumping of groundwater by surrounding uses, and its
two wells (drilled in the 1970s) fail on a regular basis. For
that reason, Self-Help Enterprises has installed temporary
storage tanks and is hauling water to fill these tanks on an
as-needed basis.
It's important that cities and larger communities can
access this type of funding regardless of their own
population size, so that they can work in good conscience to
help their neighbors without jeopardizing the well-being of
their own residents.
Therefore, we urge the adoption of the Conway/McCarthv
amendment to H.R. 5118 by the House of Representatives. We
thank you for your attention to the needs of the rural
communities of the San Joaquin Valley. For questions or more
information, please don't hesitate to contact Jessi Snyder of
our staff.
Sincerely,
Thomas J. Collishaw,
President/CEO.
Ms. CONWAY. While there are many more issues to be addressed in the
larger bill, this will directly help rural Americans in critical need
of assistance and underserved members of our communities.
Madam Chair, I urge Members to support this amendment.
The Acting CHAIR. The requests will be covered by a subsequent
request for general leave.
The gentleman from Colorado is recognized for 5 minutes.
Mr. NEGUSE. Madam Chair, I certainly appreciate the gentlewoman's
support, her attention, and her description about the need for funding
to help rural communities recover from natural disasters and
emergencies. I certainly share the desire to ensure that rural
communities have access to clean and reliable drinking water.
I am looking forward to the House considering Mr. McCarthy's
amendment as well as the many Republican bills and bipartisan bills
that are included within this Wildfire Response and Drought Resiliency
Act.
Madam Chair, I yield back the balance of my time.
Mr. WESTERMAN. Madam Chair, this is a commonsense, good amendment
that the leader has offered. I urge its adoption, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arkansas (Mr. Westerman).
The amendment was agreed to.
Amendment No. 2 Offered by Ms. Schrier
The Acting CHAIR. It is now in order to consider amendment No. 2
printed in part C of House Report 117-432.
Ms. SCHRIER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 446, line 11, after ``understanding of'' insert ``the
connections between fire weather and modes of climate
variability, impacts on hydrology, and''.
Page 446, line 13, after ``smoke,'' insert ``air
quality,''.
Page 446, line 24, after ``fire weather alerts,'' insert
``real-time notification of ignitions,''.
Page 448, line 17, after ``collecting data for'' insert
``high-risk''.
Page 448, line 21, strike ``subseasonal to decadal'',
insert ``all''.
Page 449, line 7, strike ``and''.
Page 449, after line 10, insert the following:
(vi) conditions that influence fire behavior and spread
including those conditions that suppress active fire events;
and
(vii) fire risk values;
Page 450, line 25, by striking ``weather and smoke''
inserting ``weather, smoke, and air quality''.
Page 452, line 10, after ``in consultation with'' insert
``with relevant Federal agencies, such as''.
Page 452, line 13, after ``existing resources'' insert
``and facilities''.
Page 453, after line 15, insert the following:
(10) Fire weather surveys and assessments.--
(A) Annual post-fire weather season survey and
assessment.--Not later than 24 months after the date of the
enactment of this Act, and each year thereafter, the
Administrator shall conduct a post-fire-weather season survey
and assessment. After conducting a post-fire-weather season
survey and assessment, the Administrator shall--
[[Page H7489]]
(i) investigate any data collection gaps during the
assessment;
(ii) identify and implement systems, processes, strategies,
and procedures needed to enhance the efficiency and
reliability of data obtained and to improve program services
and information dissemination;
(iii) evaluate the accuracy and efficiency of physical fire
weather forecasting information for each incident; and
(iv) assess and refine performance measures, as needed.
(B) Coordination.--In conducting any survey or assessment
under this section, the Administrator shall coordinate with
stakeholders and such entities as the Administrator considers
relevant in order to--
(i) improve operations and collaboration; and
(ii) optimize data collection, sharing, integration,
assimilation, and dissemination.
(C) Annual briefing.--Not less frequently than once each
year, the Administrator shall provide a briefing to the
Committee on Science, Space, and Technology in the House and
Committee on Commerce, Science, and Transportation in the
Senate that provides--
(i) an overview of the previous fire season; and
(ii) an outlook for the fire season for the coming year.
(D) Service improvements.--The Administrator shall make
best efforts to incorporate the results and recommendations
of each assessment conducted into the research and
development plan and operations of the Administration.
Page 469, after line 8, insert the following:
(h) United States Geological Survey.--As part of the
Program, the Director of the United States Geological Survey
shall support--
(1) research and development activities to improve the
understanding of--
(A) wildland fire risk, behavior, and fuels;
(B) impact of pre-fire conditions, such as fuel treatments,
invasive species and other vegetation, on land management and
economic landscapes;
(C) post-fire risks including debris flows, erosion, and
flooding, and effects on water quality, and revegetation;
(D) impacts of changing fire regimes due to climate change
and other ecosystem stressors; and
(E) fire ecology and behavior;
(2) development and improvement of tools and technologies
to address wildland fire science and management challenges
by--
(A) Maintaining and expanding geospatial data and support
for wildfire incidents, mitigation, and planning;
(B) improving understanding and response to post-fire
hazards and risks, including debris-flow, stream flow and
quality, and revegetation; and
(C) Maintaining, relevant wildland fire computational
modeling and mapping, capabilities to identify critical
information for land management, decision support, and
policy, and enhancing such capabilities, as appropriate and
in consultation and collaboration with other relevant Program
agencies; and
(3) improvement of external communication of USGS wildland
fire science products with Program Agencies and relevant
stakeholders.
Page 471, lines 21 and 22, strike ``Administration.--There
are authorized'' and insert the following:
``Administration.--
(1) In general.--There are authorized
Page 471, line 25 through page 472, line 4, redesignate
paragraphs (1) through (5) as subparagraphs (A) through (E),
respectively, and move the margins 2 ems to the right.
Page 472, after line 4, insert the following:
(2) Use of funds.--Of the amounts authorized for each of
the fiscal years in paragraph (1), up to $10,000,000 may be
used to support the National Oceanic and Atmospheric
Administration's contributions to the activities of the Joint
Fire Science Program in section 202(c)(1)(D) of subtitle A of
title II of division A.
Page 472, lines 5 and 6, strike ``Administration.--There
are authorized'' and insert the following:
``Administration.--
(1) In general.--There are authorized
Page 472, lines 9 through 13, redesignate paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively,
and move the margins 2 ems to the right.
Page 472 after line 13, insert the following:
(2) Use of funds.--Of the amounts authorized for each of
the fiscal years in paragraph (1), up to $10,000,000 may be
used to support National Aeronautics and Space Administration
research and development contributions to the activities of
the Joint Fire Science Program in section 202(c)(1)(D) of
subtitle A of title II of division A.
Page 472, line 22, strike ``Agency.--There are authorized''
and insert the following: ``Agency.--
(1) In general.--There are authorized
Page 473, lines 1 through 5, redesignate paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively,
and move the margins 2 ems to the right.
Page 473, after line 5, insert the following:
(2) Use of funds.--Of the amounts authorized in paragraph
(1), up to $10,000,000 for fiscal years 2024 through 2028 may
be used to support the Federal Emergency Management Agency's
contributions to the activities of the Joint Fire Science
Program in section 202(c)(1)(D) of subtitle A of title II of
division A.
Page 473, after line 5, insert the following:
(g) Department of Energy.--There are authorized to be
appropriated to the Secretary of Energy up to $10,000,000 for
each of fiscal years 2024 through 2028 to support the
Department's contributions to the activities of the Joint
Fire Science Program in section 202(c)(1)(D) of subtitle A of
title II of division A.
The Acting CHAIR. Pursuant to House Resolution 1254, the gentlewoman
from Washington (Ms. Schrier) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. SCHRIER. Madam Chair, I yield myself such time as I may consume.
Madam Chair, we are seeing increasingly catastrophic wildfires in the
West, including in my home State of Washington. Last year, more than
50,000 acres burned in just one of the counties in the Eighth District
that I represent. This was a record-breaking wildfire season with
abnormally dry conditions. But this type of wildfire season is expected
to become more and more the norm.
We need to ensure that we have more resources at our disposal to
confront them. The earlier we detect wildfire, the more quickly our
firefighters can respond, and my amendment does just that.
A lot of our effort in fighting wildfires has correctly been focused
on suppression and prevention. But as our climate continues to change
and catastrophic wildfires burn hotter and seasons last longer, we need
a whole-of-government approach to address wildfires.
My amendment would further enhance the contributions of Federal
science agencies as part of the National Wildland Fire Risk Reduction
Program. The amendment would also require an annual post fire-season
weather survey and assessment. These activities will help to identify
data gaps, enhance efficiency and reliability of data, and evaluate the
accuracy and efficiency of our fire weather forecasting.
My amendment will also formalize NOAA's role in wildfire detection
and response. In Chelan County, in my district, there is a radar gap
which makes it much more difficult to predict and track extreme
weather. This gap also impacts our ability to track fires--something
that is particularly critical to wildfire prone central Washington.
The language in my amendment builds off legislation I recently
introduced with my colleague, Congressman Bera, H.R. 8449, the Fire
Ready Nation Act, which is the House companion to Senator Cantwell's
bipartisan bill. This bill would codify and support NOAA's ability to
help detect and respond to wildfires.
My amendment will strengthen contributions of our weather science
agencies like NOAA to improve coordination and response efforts when it
comes to fighting fires. This will be particularly impactful in areas
like my district which lack robust radar coverage.
As part of the needed whole-of-government response to wildfires, I am
glad that the underlying bill includes language from two of my other
bills. One, from my National Prescribed Fire Act, would direct the
Secretaries of Agriculture and the Interior to establish at least one
prescribed fire training center in a Western State.
Prescribed burns during the offseason for fire allow for fuel
reduction and prevent catastrophic forest fires. More training means
more widespread use of prescribed fire. A recent report from the
Washington Department of Natural Resources identified 3 million acres
of forest land in need of restoration in my home State. Much of that
area is rural central Washington where hot, dry weather and wind make
wildfire especially probable and dangerous.
The second bill would allow the Forest Service to collect and keep
the interest earned on settlement funds, much like other Federal
agencies can, in order to supplement restoration efforts. This makes
common sense and is a wise and fair use of the interest earned.
Wildfires are becoming more extreme and catastrophic every year in
western States. They are even beginning to affect areas in my State
that for a long time were thought to be too green and too wet for
wildfires to happen, even the Olympic National Forest. Sadly, as our
climate changes, this will become an increasing threat.
I am thrilled to have an amendment to this legislation to allow for
more
[[Page H7490]]
science and evidence-based decisionmaking. We need every tool in our
toolbox to prevent these fires.
Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, I rise in opposition.
The Acting CHAIR. The gentleman from Arkansas is recognized for 5
minutes.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, I rise in opposition to Schrier amendment No. 2 which
would fund additional research for post-fire weather assessments.
This amendment suffers from the same shortcomings as the underlying
package because it is overly focused on wildfire response rather than
even making an attempt at wildfire prevention.
We know what is causing catastrophic wildfires, and it is not a lack
of government agencies studying wildfires, tracking weather, and
producing additional reports. Our forests are burning now, and we need
to focus on real solutions; namely, accelerating, thinning, and
prescribed burning. Adding more duplicative bureaucracy and unnecessary
research will do nothing to stop our forests from going up in flames
year after year.
Madam Chair, the forests really don't care what we say in this body.
They are out there doing what Teddy Roosevelt said they do. They are
the lungs of the Earth. They breathe in the carbon dioxide and they
breathe out oxygen. We produce a lot of carbon dioxide in this Chamber,
but it is not doing anything to help our forests.
{time} 1315
Frankly, it is unserious that, out of the dozens of substantive
wildfire amendments that were offered to the Rules Committee, this is
the only one that was made in order. The Rules Committee even rejected
bipartisan amendments such as the bipartisan Save Our Sequoias Act. We
have lost 20 percent of the world's giant sequoias in the last 2 years,
and perhaps the most famous giant sequoia grove, the Mariposa Grove in
Yosemite National Park, was on fire earlier this month.
What saved that grove? It wasn't weather assessments. It was
proactive treatments from land managers that we need to use as a model
across all 76 giant sequoia groves.
Unfortunately, the underlying bill and amendment before us would do
nothing to help protect our giant sequoias or move the needle on the
wildfire crisis at all.
Therefore, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Ms. SCHRIER. Madam Chair, may I inquire how much time remains.
The Acting CHAIR. The gentlewoman has 1\3/4\ minute remaining.
Ms. SCHRIER. Madam Chair, I would like to clarify that we already
have provisions in place to prevent wildfires, to remove underbrush,
and to thin our forests and make they are more resilient. The thing is
that the earlier we can detect wildfires with appropriate weather
systems, the earlier our firefighters can jump on it and suppress those
fires.
You need both. You need the prevention, and you need the ability to
respond quickly. So make no mistake. This is a critical amendment.
I urge my colleagues to vote for the amendment and for the underlying
bill.
Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, more and more of or forests are going up
in flames. More forests are being categorized as subject to
catastrophic wildfire.
We are losing this fight. We need a new game plan. We need work on
this in a bipartisan manner. There are a lot of areas that need to be
addressed, but this bill, and this amendment doesn't address those.
I urge opposition to the amendment, and I yield back the balance of
my time.
Ms. SCHRIER. Madam Chair, I am thrilled to have worked with so many
of my Republican colleagues on these bills to prevent wildfires. I
encourage my colleagues to vote ``yes,'' and I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Washington (Ms. Schrier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLYDE. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Washington
will be postponed.
Amendment No. 3 Offered by Ms. Velazquez
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part C of House Report 117-432.
Ms. VELAZQUEZ. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of division C the following new section:
TITLE IV--COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE SMALL
BUSINESS ACT
SEC. __. COLLATERAL REQUIREMENTS FOR DISASTER LOANS UNDER THE
SMALL BUSINESS ACT.
(a) Amendment to the Rise After Disaster Act of 2015.--
Section 2102 of the RISE After Disaster Act of 2015 (Public
Law 114-88) is amended--
(1) by striking subsections (b) and (c); and
(2) by striking ``(a) In General.--''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect and apply as though enacted as part of the
RISE After Disaster Act of 2015 (Public Law 114-88).
The Acting CHAIR. Pursuant to House Resolution 1254, the gentlewoman
from New York (Ms. Velazquez) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from New York.
Ms. VELAZQUEZ. Madam Chair, I yield myself such time as I may
consume.
There are at least 40 States and two territories with ongoing
disaster declarations for drought. The Small Business Administration is
currently serving the millions of small businesses and residents in
those States to provide relief against economic loss.
The SBA has also provided almost $1 billion in wildfire disaster
relief since 2016.
The amendment I am offering, along with my colleague, Congressman
Garret Graves of Louisiana, would permanently set the unsecured credit
threshold for SBA's disaster loans at $25,000. Doing so gives the
millions of borrowers affected by any natural disaster, including
wildfires and droughts, the peace of mind during a stressful and
traumatic time.
In 2015, Congress enacted the RISE Act, legislation I championed that
temporarily raised the collateral threshold on SBA disaster loans to
make it easier for victims to obtain capital to rebuild their homes and
businesses. Unfortunately, that provision is scheduled to expire in
November unless it is extended or made permanent.
My amendment will make the provision permanent, allowing disaster
victims to continue to receive a $25,000 loan, rather than just
$14,000, without requiring them to provide collateral within 5 days of
closing.
A recent report issued by the Government Accountability Office found
that disaster loans with collateral performed comparably to those
without collateral. Given this finding, it makes sense to help victims
of disaster to rebuild quickly, particularly when they have lost
everything to hurricane, flood, or fire.
As we continue to experience stronger and more frequent disasters, it
is imperative that Congress enact policies to help communities get back
on their feet and maximize support when they need it most.
Finally, this amendment is supported by the Small Business
Administration. I thank the gentleman from Louisiana, for his support
of this effort and his overall support of SBA's disaster loan program.
I thank Chairmen Grijalva and McGovern for working with me on this
amendment.
I am proud to leave the Small Businesses Committee's bipartisan work
to make disaster loans more affordable and accessible for disaster
victims, while also addressing fraud in the SBA's pandemic relief
programs.
I urge my colleagues to support this amendment, and I reserve the
balance of my time
[[Page H7491]]
Mr. WESTERMAN. Madam Chair, I claim time in opposition to this
amendment, even though I might not necessarily oppose it.
The Acting CHAIR. Without objection, the gentleman from Arkansas is
recognized for 5 minutes.
There was no objection.
Mr. WESTERMAN. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, I support this amendment and appreciate the solution it
presents for a pressing problem. Currently, the Small Business
Administration only requires collateral for disaster loans if the loan
amount is above $25,000. This authority is set to sunset in November,
and the minimum amount will revert to $14,000. This amendment would
permanently lock in the amount at $25,000.
I thank the ranking member of the Select Committee on the Climate
Crisis, Garret Graves, for his leadership on disaster issues. His home
State of Louisiana has suffered through many disasters, and he has been
an unwavering champion for his constituents.
And it is a good thing he is leading on this issue. Affordable
disaster loans could be in high demand because the underlying bill does
nothing to protect the landscape, people, or property from devastating
wildfires. I would like to emphasize, the underlying bill would only
respond to wildfires, not work to prevent them.
Throughout this debate, my colleagues have tried to claim that this
is not the case and that their bill will actually support increased
forest management practices like thinning and prescribed burning.
But look no further than their own one-pager, which says derisively:
``We can't simply cut our way out of wildfire risk.'' This should tell
you everything you need to know about how they feel about scientific
forest management.
The truth is that thinning is not only an essential tool to reduce
wildfire risk, but there is a scientific consensus that we must
increase thinning in our forests to turn the tide of this crisis.
The fact that this bill mentions thinning zero times is no mistake.
It is because Democrats refuse to agree with the scientific consensus
that both thinning and prescribed burning are essential tools to reduce
wildfire risk.
Affordable disaster loans provided by this amendment will also be
necessary because of the wildfires that will occur as a result of
throwing out the Forest Service's current 10-year strategy.
My colleagues have claimed that their bill would simply codify this
current 10-year strategy. They have also said that the infrastructure
bill made historic investments in that strategy and have funded its
initial projects.
This simply makes no sense. My colleagues think the infrastructure
bill is so nice that they want to pass it twice, but that is not how
any of this works. If we funded a project in the infrastructure bill,
we don't need to authorize funding for it here because that money has
already gone out the door.
And if the administration released a strategy 6 months ago and
started implementing it, they don't need this bill to codify it.
Truth be told, the plain reading of the text shows that the current
wildfire strategy is getting thrown out the window, and nothing in this
text codifies it or even mentions the projects currently happening.
Unfortunately, if this bill passes, a lot of small business owners
will be able to make good use of affordable disaster loans provided by
this amendment as they recover their businesses from the impacts of
catastrophic wildfire. The least we can do is help them with disaster
loans after these fires inevitably occur.
Madam Chair, I support this amendment, and I reserve the balance of
my time.
Ms. VELAZQUEZ. Madam Chair, I reserve the balance of my time.
Mr. WESTERMAN. Madam Chair, again, I support the amendment. It is
going to be needed as these fires continue to rage, and I yield back
the balance of my time.
Ms. VELAZQUEZ. Madam Chair, I urge my colleagues to vote ``yes,'' and
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New York (Ms. Velazquez).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CLYDE. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New York
will be postponed.
Ms. VELAZQUEZ. Madam Chair, as the designee of Chair Grijalva, I move
that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms. Lee
of California) having assumed the chair, Mrs. Watson Coleman, Acting
Chair of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 5118) to direct the Secretary of Agriculture to prioritize the
completion of the Continental Divide National Scenic Trail, and for
other purposes, had come to no resolution thereon.
General Leave
Ms. VELAZQUEZ. Madam 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 H.R. 5118.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
____________________