[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.

[[Page H7432]]

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.

[[Page H7433]]

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;

[[Page H7447]]

       (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--

[[Page H7464]]

       (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.

                          ____________________