#aadth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,may #be1 #bjaf ,,amendment3 ,that the bill from the ,senate 7,s4 #bjab7 entitled ,an ,act to provide for the modernization of the energy policy of the ,united ,states1 and for other purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,division ,a--,north ,american ,energy ,security and ,infrastructure ,sec4 #a4 ,short title4 ,title ,i--,modernizing and ,protecting ,infrastructure ,subtitle ,a--,energy ,delivery1 ,reliability1 and ,security ,sec4 #aaja4 ,,ferc process coordination4 ,sec4 #aajb4 ,resolving environmental and grid reliability conflicts4 ,sec4 #aajc4 ,emergency preparedness for energy supply disruptions4 ,sec4 #aajd4 ,critical electric infrastructure security4 ,sec4 #aaje4 ,strategic ,transformer ,reserve4 ,sec4 #aajf4 ,cyber ,sense4 ,sec4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities4 ,sec4 #aajh4 ,reliability analysis for certain rules that affect electric generating facilities4 ,sec4 #aaji4 ,increased accountability with respect to carbon capture1 utilization1 and sequestration projects4 ,sec4 #aaaj4 ,reliability and performance assurance in ,regional ,transmission ,organizations4 ,sec4 #aaaa4 ,ethane storage study4 ,sec4 #aaab4 ,statement of policy on grid modernization4 ,sec4 #aaac4 ,grid resilience report4 ,sec4 #aaad4 ,,gao report on improving ,national ,response ,center4 ,sec4 #aaae4 ,designation of ,national ,energy ,security ,corridors on ,federal lands4 ,sec4 #aaaf4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal lands containing electric transmission and distribution facilities4 ,subtitle ,b--,hydropower ,regulatory ,modernization ,sec4 #abja4 ,protection of private property rights in hydropower licensing4 ,sec4 #abjb4 ,extension of time for ,,ferc project involving ,w4 ,kerr ,scott ,dam4 ,sec4 #abjc4 ,hydropower licensing and process improvements4 ,sec4 #abjd4 ,judicial review of delayed ,federal authorizations4 ,sec4 #abje4 ,licensing study improvements4 ,sec4 #abjf4 ,closed-loop pumped storage projects4 ,sec4 #abjg4 ,license amendment improvements4 ,sec4 #abjh4 ,promoting hydropower development at existing nonpowered dams4 ,title ,,ii--,energy ,security and ,diplomacy ,sec4 #bjja4 ,sense of ,congress4 ,sec4 #bjjb4 ,energy security valuation4 ,sec4 #bjjc4 ,north ,american energy security plan4 ,sec4 #bjjd4 ,collective energy security4 ,sec4 #bjje4 ,authorization to export natural gas4 ,sec4 #bjjf4 ,environmental review for energy export facilities4 ,sec4 #bjjg4 ,authorization of cross-border infrastructure projects4 ,sec4 #bjjh4 ,report on smart meter security concerns4 ,title ,,iii--,energy ,efficiency and ,accountability ,subtitle ,a--,energy ,efficiency ,chapter #a--;,federal ,agency ,energy ,efficiency ,sec4 #caaa4 ,energy-efficient and energy-saving information technologies4 ,sec4 #caab4 ,energy efficient data centers4 ,sec4 #caac4 ,report on energy and water savings potential from thermal insulation4 ,sec4 #caad4 ,battery storage report4 ,sec4 #caae4 ,federal purchase requirement4 ,sec4 #caaf4 ,energy performance requirement for ,federal buildings4 ,sec4 #caag4 ,federal building energy efficiency performance standards2 certification system and level for ,federal buildings4 ,sec4 #caah4 ,operation of battery recharging stations in parking areas used by ,federal employees4 ,sec4 #caai4 ,report on energy savings and greenhouse gas emissions reduction from conversion of captured methane to energy4 ,chapter #b--;,energy ,efficient ,technology and ,manufacturing ,sec4 #caba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels4 ,sec4 #cabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products4 ,sec4 #cabc4 ,facilitating consensus furnace standards4 ,sec4 #cabd4 ,no warranty for certain certified ,energy ,star products4 ,sec4 #cabe4 ,clarification to effective date for regional standards4 ,sec4 #cabf4 ,internet of ,things report4 ,sec4 #cabg4 ,energy savings from lubricating oil4 ,sec4 #cabh4 ,definition of external power supply4 ,sec4 #cabi4 ,standards for power supply circuits connected to ,l,e,ds or ,o,l,e,ds4 ,chapter #c--,school ,buildings ,sec4 #caca4 ,coordination of energy retrofitting assistance for schools4 ,chapter #d--;,building ,energy ,codes ,sec4 #cada4 ,greater energy efficiency in building codes4 ,sec4 #cadb4 ,voluntary nature of building asset rating program4 ,chapter #e--;,,epca ,technical ,corrections and ,clarifications ,sec4 #caea4 ,modifying product definitions4 ,sec4 #caeb4 ,clarifying rulemaking procedures4 ,chapter #f--;,energy and ,water ,efficiency ,sec4 #cafa4 ,smart energy and water efficiency pilot program4 ,sec4 #cafb4 ,water,sense4 ,subtitle ,b--,accountability ,chapter #a--,market ,manipulation1 ,enforcement1 and ,compliance ,sec4 #cbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation4 ,chapter #b--,market ,reforms ,sec4 #cbba4 ,,gao study on wholesale electricity markets4 ,sec4 #cbbb4 ,clarification of facility merger authorization4 ,chapter #c--;,code ,maintenance ,sec4 #cbca4 ,repeal of off-highway motor vehicles study4 ,sec4 #cbcb4 ,repeal of methanol study4 ,sec4 #cbcc4 ,repeal of residential energy efficiency standards study4 ,sec4 #cbcd4 ,repeal of weatherization study4 ,sec4 #cbce4 ,repeal of report to ,congress4 ,sec4 #cbcf4 ,repeal of report by ,general ,services ,administration4 ,sec4 #cbcg4 ,repeal of intergovernmental energy management planning and coordination workshops4 ,sec4 #cbch4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress4 ,sec4 #cbci4 ,repeal of procurement and identification of energy efficient products program4 ,sec4 #cbdj4 ,repeal of national action plan for demand response4 ,sec4 #cbda4 ,repeal of national coal policy study4 ,sec4 #cbdb4 ,repeal of study on compliance problem of small electric utility systems4 ,sec4 #cbdc4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development4 ,sec4 #cbdd4 ,repeal of study of the use of petroleum and natural gas in combustors4 ,sec4 #cbde4 ,repeal of submission of reports4 ,sec4 #cbdf4 ,repeal of electric utility conservation plan4 ,sec4 #cbdg4 ,technical amendment to ,powerplant and ,industrial ,fuel ,use ,act of #aigh4 ,sec4 #cbdh4 ,emergency energy conservation repeals4 ,sec4 #cbdi4 ,repeal of ,state utility regulatory assistance4 ,sec4 #cbej4 ,repeal of survey of energy saving potential4 ,sec4 #cbea4 ,repeal of photovoltaic energy program4 ,sec4 #cbeb4 ,repeal of energy auditor training and certification4 ,chapter #d--;,authorization ,sec4 #cbfa ,authorization4 ,title ,,iv--,changing ,crude ,oil ,market ,conditions ,sec4 #djja4 ,findings4 ,sec4 #djjb4 ,repeal4 ,sec4 #djjc4 ,national policy on oil export restrictions4 ,sec4 #djjd4 ,studies4 ,sec4 #djje4 ,savings clause4 ,sec4 #djjf4 ,partnerships with minority serving institutions4 ,sec4 #djjg4 ,report4 ,sec4 #djjh4 ,report to ,congress4 ,sec4 #djji4 ,prohibition on exports of crude oil1 refined petroleum products1 and petrochemical products to the ,islamic ,republic of ,iran4 ,title ,v--,other ,matters ,sec4 #ejja4 ,assessment of regulatory requirements4 ,sec4 #ejjb4 ,definitions4 ,sec4 #ejjc4 ,exclusive venue for certain civil actions relating to covered energy projects4 ,sec4 #ejjd4 ,timely filing4 ,sec4 #ejje4 ,expedition in hearing and determining the action4 ,sec4 #ejjf4 ,limitation on injunction and prospective relief4 ,sec4 #ejjg4 ,legal standing4 ,sec4 #ejjh4 ,study to identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources4 ,sec4 #ejji4 ,study of volatility of crude oil4 ,sec4 #ejaj4 ,smart meter privacy rights4 ,sec4 #ejaa4 ,youth energy enterprise competition4 ,sec4 #ejab4 ,modernization of terms relating to minorities4 ,sec4 #ejac4 ,voluntary vegetation management outside rights-of-way4 ,sec4 #ejad4 ,repeal of rule for new residential wood heaters4 ,title ,,vi--,promoting ,renewable ,energy with ,shared ,solar ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,provision of interconnection service and net billing service for community solar facilities4 ,title ,,vii--,marine ,hydrokinetic ,sec4 #gjja4 ,definition of marine and hydrokinetic renewable energy4 ,sec4 #gjjb4 ,marine and hydrokinetic renewable energy research and development4 ,sec4 #gjjc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4 ,sec4 #gjjd4 ,authorization of appropriations4 ,title ,,viii--,extensions of ,time for ,various ,federal ,energy ,regulatory ,commission ,projects ,sec4 #hjja4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,clark ,canyon ,dam4 ,sec4 #hjjb4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,gibson ,dam4 ,sec4 #hjjc4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,jennings ,randolph ,dam4 ,sec4 #hjjd4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,cannonsville ,dam4 ,sec4 #hjje4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,gathright ,dam4 ,sec4 #hjjf4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,flannagan ,dam4 ,title ,,ix--,energy and ,manufacturing ,workforce ,development ,sec4 #ijja4 ,energy and manufacturing workforce development4 ,sec4 #ijjb4 ,report4 ,sec4 #ijjc4 ,use of existing funds4 ,division ,b--,resilient ,federal ,forests ,sec4 #a4 ,short title4 ,sec4 #b4 ,definitions4 ,title ,i--,expedited ,environmental ,analysis and ,availability of ,categorical ,exclusions to ,expedite ,forest ,management ,activities ,sec4 #aja4 ,analysis of only two alternatives 7action versus no action7 in proposed collaborative forest management activities4 ,sec4 #ajb4 ,categorical exclusion to expedite certain critical response actions4 ,sec4 #ajc4 ,categorical exclusion to expedite salvage operations in response to catastrophic events4 ,sec4 #ajd4 ,categorical exclusion to meet forest plan goals for early successional forests4 ,sec4 #aje4 ,clarification of existing categorical exclusion authority related to insect and disease infestation4 ,sec4 #ajf4 ,categorical exclusion to improve1 restore1 and reduce the risk of wildfire4 ,sec4 #ajg4 ,compliance with forest plan4 ,title ,,ii--,salvage and ,reforestation in ,response to ,catastrophic ,events ,sec4 #bja4 ,expedited salvage operations and reforestation activities following large-scale catastrophic events4 ,sec4 #bjb4 ,compliance with forest plan4 ,sec4 #bjc4 ,prohibition on restraining orders1 preliminary injunctions1 and injunctions pending appeal4 ,sec4 #bjd4 ,exclusion of certain lands4 ,title ,,iii--,collaborative ,project ,litigation ,requirement ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,bond requirement as part of legal challenge of certain forest management activities4 ,title ,,iv--,secure ,rural ,schools and ,community ,self-,determination ,act ,amendments ,sec4 #dja4 ,use of reserved funds for title ,,ii projects on ,federal land and certain non-,federal land4 ,sec4 #djb4 ,resource advisory committees4 ,sec4 #djc4 ,program for title ,,ii self-sustaining resource advisory committee projects4 ,sec4 #djd4 ,additional authorized use of reserved funds for title ,,iii county projects4 ,sec4 #dje4 ,treatment as supplemental funding4 ,title ,v--,stewardship ,end ,result ,contracting ,sec4 #eja4 ,cancellation ceilings for stewardship end result contracting projects4 ,sec4 #ejb4 ,excess offset value4 ,sec4 #ejc4 ,payment of portion of stewardship project revenues to county in which stewardship project occurs4 ,sec4 #ejd4 ,submission of existing annual report4 ,sec4 #eje4 ,fire liability provision4 ,title ,,vi--,additional ,funding ,sources for ,forest ,management ,activities ,sec4 #fja4 ,definitions4 ,sec4 #fjb4 ,availability of stewardship project revenues and ,collaborative ,forest ,landscape ,restoration ,fund to cover forest management activity planning costs4 ,sec4 #fjc4 ,state-supported planning of forest management activities4 ,title ,,vii--,tribal ,forestry ,participation and ,protection ,sec4 #gja4 ,protection of tribal forest assets through use of stewardship end result contracting and other authorities4 ,sec4 #gjb4 ,management of ,indian forest land authorized to include related ,national ,forest ,system lands and public lands4 ,sec4 #gjc4 ,tribal forest management demonstration project4 ,title ,,viii--,miscellaneous ,forest ,management ,provisions ,sec4 #hja4 ,balancing short- and long-term effects of forest management activities in considering injunctive relief4 ,sec4 #hjb4 ,conditions on ,forest ,service road decommissioning4 ,sec4 #hjc4 ,prohibition on application of ,eastside ,screens requirements on ,national ,forest ,system lands4 ,sec4 #hjd4 ,use of site-specific forest plan amendments for certain projects and activities4 ,sec4 #hje4 ,knutson-,vandenberg ,act modifications4 ,sec4 #hjf4 ,exclusion of certain ,national ,forest ,system lands and public lands4 ,sec4 #hjg4 ,application of ,northwest ,forest ,plan ,survey and ,manage ,mitigation ,measure ,standard and ,guidelines4 ,sec4 #hjh4 ,management of ,bureau of ,land ,management lands in western ,oregon4 ,sec4 #hji4 ,bureau of ,land ,management resource management plans4 ,sec4 #haj4 ,landscape-scale forest restoration project4 ,title ,,ix--,major ,disaster for ,wildfire on ,federal ,land ,sec4 #ija4 ,wildfire on ,federal lands4 ,sec4 #ijb4 ,declaration of a major disaster for wildfire on ,federal lands4 ,sec4 #ijc4 ,prohibition on transfers4 ,division ,c--,natural ,resources ,title ,i--,western ,water and ,american ,food ,security ,act ,sec4 #ajja4 ,short title4 ,sec4 #ajjb4 ,findings4 ,sec4 #ajjc4 ,definitions4 ,subtitle ,a--,,adjusting ,,delta ,,smelt ,,management ,,based ,,on ,,increased ,,real-,,time ,,monitoring ,,and ,,updated ,,science ,sec4 #ajaa4 ,definitions4 ,sec4 #ajab4 ,revise incidental take level calculation for delta smelt to reflect new science4 ,sec4 #ajac4 ,factoring increased real-time monitoring and updated science into ,delta smelt management4 ,subtitle ,b--,,ensuring ,,salmonid ,,management ,,is ,,responsive ,,to ,,new ,,science ,sec4 #ajba4 ,definitions4 ,sec4 #ajbb4 ,process for ensuring salmonid management is responsive to new science4 ,sec4 #ajbc4 ,non-,federal program to protect native anadromous fish in the ,stanislaus ,river4 ,sec4 #ajbd4 ,pilot projects to implement ,,calfed invasive species program4 ,subtitle ,c--,,operational ,,flexibility ,,and ,,drought ,,relief ,sec4 #ajca4 ,definitions4 ,sec4 #ajcb4 ,operational flexibility in times of drought4 ,sec4 #ajcc4 ,operation of cross-channel gates4 ,sec4 #ajcd4 ,flexibility for export_/inflow ratio4 ,sec4 #ajce4 ,emergency environmental reviews4 ,sec4 #ajcf4 ,increased flexibility for regular project operations4 ,sec4 #ajcg4 ,temporary operational flexibility for first few storms of the water year4 ,sec4 #ajch4 ,expediting water transfers4 ,sec4 #ajci4 ,additional emergency consultation4 ,sec4 #ajdj4 ,additional storage at ,new ,melones4 ,sec4 #ajda4 ,regarding the operation of ,folsom ,reservoir4 ,sec4 #ajdb4 ,applicants4 ,sec4 #ajdc4 ,san ,joaquin ,river settlement4 ,sec4 #ajdd4 ,program for water rescheduling4 ,subtitle ,d--,,calfed ,,storage ,,feasibility ,,studies ,sec4 #ajea4 ,studies4 ,sec4 #ajeb4 ,temperance ,flat4 ,sec4 #ajec4 ,,calfed storage accountability4 ,sec4 #ajed4 ,water storage project construction4 ,subtitle ,e--,,water ,,rights ,,protections ,sec4 #ajfa4 ,offset for ,state ,water ,project4 ,sec4 #ajfb4 ,area of origin protections4 ,sec4 #ajfc4 ,no redirected adverse impacts4 ,sec4 #ajfd4 ,allocations for ,sacramento ,valley contractors4 ,sec4 #ajfe4 ,effect on existing obligations4 ,subtitle ,f--,,miscellaneous ,sec4 #ajga4 ,authorized service area4 ,sec4 #ajgb4 ,oversight board for ,restoration ,fund4 ,sec4 #ajgc4 ,water supply accounting4 ,sec4 #ajgd4 ,implementation of water replacement plan4 ,sec4 #ajge4 ,natural and artificially spawned species4 ,sec4 #ajgf4 ,transfer the ,new ,melones ,unit1 ,central ,valley ,project to interested providers4 ,sec4 #ajgg4 ,basin studies4 ,sec4 #ajgh4 ,operations of the ,trinity ,river ,division4 ,sec4 #ajgi4 ,amendment to purposes4 ,sec4 #ajhj4 ,amendment to definition4 ,sec4 #ajha4 ,report on results of water usage4 ,sec4 #ajhb4 ,klamath project consultation applicants4 ,subtitle ,g--,water ,supply ,permitting ,act ,sec4 #ajia4 ,short title4 ,sec4 #ajib4 ,definitions4 ,sec4 #ajic4 ,establishment of lead agency and cooperating agencies4 ,sec4 #ajid4 ,bureau responsibilities4 ,sec4 #ajie4 ,cooperating agency responsibilities4 ,sec4 #ajif4 ,funding to process permits4 ,subtitle ,h--,bureau of ,reclamation ,project ,streamlining ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,definitions4 ,sec4 #aajc4 ,acceleration of studies4 ,sec4 #aajd4 ,expedited completion of reports4 ,sec4 #aaje4 ,project acceleration4 ,sec4 #aajf4 ,annual report to ,congress4 ,subtitle ,i--,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,sec4 #aaaa4 ,short title4 ,sec4 #aaab4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies4 ,subtitle ,j--,safety of ,dams ,sec4 #aaba4 ,authorization of additional project benefits4 ,subtitle ,k--,water ,rights ,protection ,sec4 #aaca4 ,short title4 ,sec4 #aacb4 ,definition of water right4 ,sec4 #aacc4 ,treatment of water rights4 ,sec4 #aacd4 ,recognition of ,state authority4 ,sec4 #aace4 ,effect of title4 ,title ,,ii--,sportsmen's ,heritage and ,recreational ,enhancement ,act ,sec4 #bjja4 ,short title4 ,sec4 #bjjb4 ,report on economic impact4 ,subtitle ,a--,hunting1 ,fishing and ,recreational ,shooting ,protection ,act ,sec4 #bjaa4 ,short title4 ,sec4 #bjab4 ,modification of definition4 ,sec4 #bjac4 ,limitation on authority to regulate ammunition and fishing tackle4 ,subtitle ,b--,target ,practice and ,marksmanship ,training ,support ,act ,sec4 #bjba4 ,short title4 ,sec4 #bjbb4 ,findings2 purpose4 ,sec4 #bjbc4 ,definition of public target range4 ,sec4 #bjbd4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act4 ,sec4 #bjbe4 ,limits on liability4 ,sec4 #bjbf4 ,sense of ,congress regarding cooperation4 ,subtitle ,c--,polar ,bear ,conservation and ,fairness ,act ,sec4 #bjca4 ,short title4 ,sec4 #bjcb4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada4 ,subtitle ,d--,recreational ,lands ,self-,defense ,act ,sec4 #bjda4 ,short title4 ,sec4 #bjdb4 ,protecting ,americans from violent crime4 ,subtitle ,e--,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee ,sec4 #bjea4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee4 ,subtitle ,f--,recreational ,fishing and ,hunting ,heritage ,opportunities ,act ,sec4 #bjfa4 ,short title4 ,sec4 #bjfb4 ,findings4 ,sec4 #bjfc4 ,fishing1 hunting1 and recreational shooting4 ,sec4 #bjfd4 ,volunteer ,hunters2 ,reports2 ,closures and ,restrictions4 ,subtitle ,g--,farmer and ,hunter ,protection ,act ,sec4 #bjga4 ,short title4 ,sec4 #bjgb4 ,baiting of migratory game birds4 ,subtitle ,h--,transporting ,bows ,across ,national ,park ,service ,lands ,sec4 #bjha4 ,short title4 ,sec4 #bjhb4 ,bowhunting opportunity and wildlife stewardship4 ,subtitle ,i--,federal ,land ,transaction ,facilitation ,act ,reauthorization 7,,fltfa7 ,sec4 #bjia4 ,short title4 ,sec4 #bjib4 ,federal ,land ,transaction ,facilitation ,act4 ,subtitle ,j--,african ,elephant ,conservation and ,legal ,ivory ,possession ,act ,sec4 #baja4 ,short title4 ,sec4 #bajb4 ,references4 ,sec4 #bajc4 ,placement of ,united ,states ,fish and ,wildlife ,service law enforcement officers in each ,african elephant range country4 ,sec4 #bajd4 ,treatment of elephant ivory4 ,sec4 #baje4 ,african ,elephant ,conservation ,act financial assistance priority and reauthorization4 ,sec4 #bajf4 ,government ,accountability ,office study4 ,subtitle ,k--,respect for ,treaties and ,rights ,sec4 #baaa4 ,respect for ,treaties and ,rights4 ,subtitle ,l--,state ,approval of ,fishing ,restriction ,sec4 #baca4 ,state or ,territorial ,approval of ,restriction of ,recreational or ,commercial ,fishing ,access to ,certain ,state or ,territorial ,waters4 ,subtitle ,m--,hunting and ,recreational ,fishing ,within ,certain ,national ,forests ,sec4 #bada4 ,definitions4 ,sec4 #badb4 ,hunting and recreational fishing within the national forest system4 ,sec4 #badc4 ,publication of ,closure of ,roads in ,forests4 ,subtitle ,n--,grand ,canyon ,bison ,management ,act ,sec4 #baea4 ,short title4 ,sec4 #baeb4 ,definitions4 ,sec4 #baec4 ,bison management plan for ,grand ,canyon ,national ,park4 ,subtitle ,o--,open ,book on ,equal ,access to ,justice ,sec4 #bafa4 ,short title4 ,sec4 #bafb4 ,modification of equal access to justice provisions4 ,subtitle ,p--,utility terrain vehicles ,sec4 #baga4 ,utility terrain vehicles in ,kisatchie ,national ,forest4 ,subtitle ,q--,good ,samaritan ,search and ,recovery ,sec4 #baha4 ,short title4 ,sec4 #bahb4 ,expedited access to certain ,federal land4 ,subtitle ,r--,interstate ,transportation of ,firearms or ,ammunition ,sec4 #baia4 ,interstate transportation of firearms or ammunition4 ,subtitle ,s--,gray ,wolves ,sec4 #bbja4 ,reissuance of final rule regarding gray wolves in the ,western ,great ,lakes4 ,sec4 #bbjb4 ,reissuance of final rule regarding gray wolves in ,wyoming4 ,subtitle ,t--,miscellaneous provisions ,sec4 #bbaa4 ,prohibition on issuance of final rule4 ,sec4 #bbab4 ,withdrawal of existing rule regarding hunting and trapping in ,alaska4 ,title ,,iii--,national ,strategic and ,critical ,minerals ,production ,act ,sec4 #cjja4 ,short title4 ,sec4 #cjjb4 ,findings4 ,sec4 #cjjc4 ,definitions4 ,subtitle ,a--,development of ,domestic ,sources of ,strategic and ,critical ,minerals ,sec4 #cjaa4 ,improving development of strategic and critical minerals4 ,sec4 #cjab4 ,responsibilities of the lead agency4 ,sec4 #cjac4 ,conservation of the resource4 ,sec4 #cjad4 ,federal register process for mineral exploration and mining projects4 ,subtitle ,b--,judicial review of agency actions relating to ,exploration and ,mine ,permits ,sec4 #cjba4 ,definitions for title4 ,sec4 #cjbb4 ,timely filings4 ,sec4 #cjbc4 ,right to intervene4 ,sec4 #cjbd4 ,expedition in hearing and determining the action4 ,sec4 #cjbe4 ,limitation on prospective relief4 ,sec4 #cjbf4 ,limitation on attorneys' fees4 ,subtitle ,c--,miscellaneous provisions ,sec4 #cjca4 ,secretarial order not affected4 ,title ,,iv--,native ,american ,energy ,act ,sec4 #djja4 ,short title4 ,sec4 #djjb4 ,appraisals4 ,sec4 #djjc4 ,standardization4 ,sec4 #djjd4 ,environmental reviews of major ,federal actions on ,indian lands4 ,sec4 #djje4 ,judicial review4 ,sec4 #djjf4 ,tribal biomass demonstration project4 ,sec4 #djjg4 ,tribal resource management plans4 ,sec4 #djjh4 ,leases of restricted lands for the ,navajo ,nation4 ,sec4 #djji4 ,nonapplicability of certain rules4 ,title ,v--,northport irrigation early repayment ,sec4 #ejja4 ,early repayment of construction costs4 ,title ,,vi--,ocmulgee ,mounds ,national ,historical ,park ,boundary ,revision ,act ,sec4 #fjja4 ,short title4 ,sec4 #fjjb4 ,definitions4 ,sec4 #fjjc4 ,ocmulgee ,mounds ,national ,historical ,park4 ,sec4 #fjjd4 ,boundary adjustment4 ,sec4 #fjje4 ,land acquisition2 no buffer zones4 ,sec4 #fjjf4 ,administration4 ,sec4 #fjjg4 ,ocmulgee ,river corridor special resource study4 ,title ,,vii--,medgar ,evers ,house ,study ,act ,sec4 #gjja4 ,short title4 ,sec4 #gjjb4 ,special resource study4 ,title ,,viii--,sky ,point mountain designation ,sec4 #hjja4 ,findings4 ,sec4 #hjjb4 ,sky ,point4 ,title ,,ix--,chief ,standing ,bear trail study ,sec4 #ijja4 ,chief ,standing ,bear national historic trail feasibility study4 ,title ,x--,john ,muir ,national ,historic ,site ,expansion ,act ,sec4 #ajjja4 ,short title4 ,sec4 #ajjjb4 ,john ,muir ,national ,historic ,site land acquisition4 ,title ,,xi--,arapaho ,national ,forest ,boundary ,adjustment ,act ,sec4 #aajja4 ,short title4 ,sec4 #aajjb4 ,arapaho ,national ,forest boundary adjustment4 ,title ,,xii--,preservation ,research at ,institutions ,serving ,minorities ,act ,sec4 #abjja4 ,short title4 ,sec4 #abjjb4 ,eligibility of ,hispanic-serving institutions and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions for assistance for preservation education and training programs4 ,title ,,xiii--,elkhorn ,ranch and ,white ,river ,national ,forest ,conveyance ,act ,sec4 #acjja4 ,short title4 ,sec4 #acjjb4 ,land conveyance1 ,elkhorn ,ranch and ,white ,river ,national ,forest1 ,colorado4 ,title ,,xiv--,national ,liberty ,memorial ,clarification ,act ,sec4 #adjja4 ,short title4 ,sec4 #adjjb4 ,compliance with certain standards for commemorative works in establishment of ,national ,liberty ,memorial4 ,title ,,xv--,crags1 ,colorado ,land ,exchange ,act ,sec4 #aejja4 ,short title4 ,sec4 #aejjb4 ,purposes4 ,sec4 #aejjc4 ,definitions4 ,sec4 #aejjd4 ,land exchange4 ,sec4 #aejje4 ,equal value exchange and appraisals4 ,sec4 #aejjf4 ,miscellaneous provisions4 ,title ,,xvi--,remove reversionary interest in ,rockingham ,county land ,sec4 #afjja4 ,removal of use restriction4 ,title ,,xvii--,coltsville ,national ,historical ,park ,sec4 #agjja4 ,amendment to ,coltsville ,national ,historical ,park donation site4 ,title ,,xviii--,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,act ,sec4 #ahjja4 ,short title4 ,sec4 #ahjjb4 ,martin ,luther ,king1 ,jr4 ,national ,historical ,park4 ,sec4 #ahjjc4 ,references4 ,title ,,xix--,extension of the authorization for the ,gullah_/,geechee ,cultural ,heritage ,corridor ,commission ,sec4 #aijja4 ,extension of the authorization for the ,gullah_/,geechee ,cultural ,heritage ,corridor ,commission4 ,title ,,xx--#i_/aa ,memorial ,act ,sec4 #bjjja4 ,short title4 ,sec4 #bjjjb4 ,definitions4 ,sec4 #bjjjc4 ,designation of memorial4 ,sec4 #bjjjd4 ,competitive grants for certain memorials4 ,title ,,xxi--,kennesaw ,mountain ,national ,battlefield ,park ,boundary ,adjustment ,act ,sec4 #bajja4 ,short title4 ,sec4 #bajjb4 ,findings4 ,sec4 #bajjc4 ,boundary adjustment2 land acquisition2 administration4 ,title ,,xxii--,vehicle access at ,delaware ,water ,gap ,national ,recreation ,area ,sec4 #bbjja4 ,vehicular access and fees4 ,sec4 #bbjjb4 ,definitions4 ,sec4 #bbjjc4 ,conforming amendment4 ,title ,,xxiii--,gulf ,islands ,national ,seashore ,land ,exchange ,act ,sec4 #bcjja4 ,short title4 ,sec4 #bcjjb4 ,land exchange1 ,gulf ,islands ,national ,seashore1 ,jackson ,county1 ,mississippi4 ,title ,,xxiv--,korean ,war ,veterans ,memorial ,wall of ,remembrance ,act ,sec4 #bdjja4 ,short title4 ,sec4 #bdjjb4 ,wall of ,remembrance4 ,title ,,xxv--,national ,forest ,small ,tracts ,act ,amendments ,act ,sec4 #bejja4 ,short title4 ,sec4 #bejjb4 ,additional authority for sale or exchange of small parcels of ,national ,forest ,system land4 ,title ,,xxvi--,western ,oregon ,tribal ,fairness ,act ,sec4 #bfjja4 ,short title4 ,subtitle ,a--,cow ,creek ,umpqua ,land ,conveyance ,sec4 #bfjaa4 ,short title4 ,sec4 #bfjab4 ,definitions4 ,sec4 #bfjac4 ,conveyance4 ,sec4 #bfjad4 ,map and legal description4 ,sec4 #bfjae4 ,administration4 ,sec4 #bfjaf4 ,land reclassification4 ,subtitle ,b--,coquille ,forest ,fairness ,sec4 #bfjba4 ,short title4 ,sec4 #bfjbb4 ,amendments to ,coquille ,restoration ,act4 ,subtitle ,c--,oregon ,coastal ,lands ,sec4 #bfjca4 ,short title4 ,sec4 #bfjcb4 ,definitions4 ,sec4 #bfjcc4 ,conveyance4 ,sec4 #bfjcd4 ,map and legal description4 ,sec4 #bfjce4 ,administration4 ,sec4 #bfjcf4 ,land reclassification4 ,division ,d--,science ,title ,v--,department of ,energy ,science ,sec4 #eja4 ,mission4 ,sec4 #ejb4 ,basic energy sciences4 ,sec4 #ejc4 ,advanced scientific computing research4 ,sec4 #ejd4 ,high energy physics4 ,sec4 #eje4 ,biological and environmental research4 ,sec4 #ejf4 ,fusion energy4 ,sec4 #ejg4 ,nuclear physics4 ,sec4 #ejh4 ,science laboratories infrastructure program4 ,sec4 #eji4 ,domestic manufacturing4 ,sec4 #eaj4 ,authorization of appropriations4 ,sec4 #eaa4 ,definitions4 ,title ,,vi--,department of ,energy ,applied ,research and ,development ,subtitle ,a--,crosscutting ,research and ,development ,sec4 #fja4 ,crosscutting research and development4 ,sec4 #fjb4 ,strategic research portfolio analysis and coordination plan4 ,sec4 #fjc4 ,strategy for facilities and infrastructure4 ,sec4 #fjd4 ,energy ,innovation ,hubs4 ,subtitle ,b--,electricity ,delivery and ,energy ,reliability ,research and ,development ,sec4 #faa4 ,distributed energy and electric energy systems4 ,sec4 #fab4 ,electric transmission and distribution research and development4 ,subtitle ,c--,nuclear ,energy ,research and ,development ,sec4 #fba4 ,objectives4 ,sec4 #fbb4 ,program objectives study4 ,sec4 #fbc4 ,nuclear energy research and development programs4 ,sec4 #fbd4 ,small modular reactor program4 ,sec4 #fbe4 ,fuel cycle research and development4 ,sec4 #fbf4 ,nuclear energy enabling technologies program4 ,sec4 #fbg4 ,technical standards collaboration4 ,sec4 #fbh4 ,available facilities database4 ,subtitle ,d--,energy ,efficiency and ,renewable ,energy ,research and ,development ,sec4 #fda4 ,energy efficiency4 ,sec4 #fdb4 ,next ,generation ,lighting ,initiative4 ,sec4 #fdc4 ,building standards4 ,sec4 #fdd4 ,secondary electric vehicle battery use program4 ,sec4 #fde4 ,network for ,manufacturing ,innovation ,program4 ,sec4 #fdf4 ,advanced ,energy ,technology ,transfer ,centers4 ,sec4 #fdg4 ,renewable energy4 ,sec4 #fdh4 ,bioenergy program4 ,sec4 #fdi4 ,concentrating solar power research program4 ,sec4 #fej4 ,renewable energy in public buildings4 ,subtitle ,e--,fossil ,energy ,research and ,development ,sec4 #ffa4 ,fossil energy4 ,sec4 #ffb4 ,coal research1 development1 demonstration1 and commercial application programs4 ,sec4 #ffc4 ,high efficiency gas turbines research and development4 ,subtitle ,f--,advanced ,research ,projects ,agency-,energy ,sec4 #fga4 ,,arpa-,e amendments4 ,subtitle ,g--,authorization of appropriations ,sec4 #fha4 ,authorization of appropriations4 ,subtitle ,h--,definitions ,sec4 #fia4 ,definitions4 ,title ,,vii--,department of ,energy ,technology ,transfer ,subtitle ,a--,in ,general ,sec4 #gja4 ,definitions4 ,sec4 #gjb4 ,savings clause4 ,subtitle ,b--,innovation ,management at ,department of ,energy ,sec4 #gab4 ,technology transfer and transitions assessment4 ,sec4 #gac4 ,sense of ,congress4 ,sec4 #gad4 ,nuclear energy innovation4 ,subtitle ,c--,cross-,sector ,partnerships and ,grant ,competitiveness ,sec4 #gba4 ,agreements for ,commercializing ,technology pilot program4 ,sec4 #gbb4 ,public-private partnerships for commercialization4 ,sec4 #gbc4 ,inclusion of early-stage technology demonstration in authorized technology transfer activities4 ,sec4 #gbd4 ,funding competitiveness for institutions of higher education and other nonprofit institutions4 ,sec4 #gbe4 ,participation in the ,innovation ,corps program4 ,subtitle ,d--,assessment of ,impact ,sec4 #gca4 ,report by ,government ,accountability ,office4 ,title ,,xxxiii--,nuclear ,energy ,innovation ,capabilities ,sec4 #ccja4 ,short title4 ,sec4 #ccjb4 ,nuclear energy4 ,sec4 #ccjc4 ,nuclear energy research programs4 ,sec4 #ccjd4 ,advanced fuel cycle initiative4 ,sec4 #ccje4 ,university nuclear science and engineering support4 ,sec4 #ccjf4 ,department of ,energy civilian nuclear infrastructure and facilities4 ,sec4 #ccjg4 ,security of nuclear facilities4 ,sec4 #ccjh4 ,high-performance computation and supportive research4 ,sec4 #ccji4 ,enabling nuclear energy innovation4 ,sec4 #ccaj4 ,budget plan4 ,sec4 #ccaa4 ,conforming amendments4 ,a ,north ,american ,energy ,security and ,infrastructure #a4 ,short title ,this division may be cited as the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf4 ,i ,modernizing and ,protecting ,infrastructure ,a ,energy ,delivery1 ,reliability1 and ,security #aaja4 ,,ferc process coordination ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended-- 7#a7 by amending subsection 7b77#b7 to read as follows3 7#b7 ,other agencies 7,a7 ,in general ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission and comply with the deadlines established by the ,commission4 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by a prospective applicant of a potential project requiring ,commission authorization1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for that ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency identified under subparagraph 7,b7 of the opportunity to cooperate or participate in the review process4 7ii7 ,deadline ,a notification issued under clause 7i7 shall establish a deadline by which a response to the notification shall be submitted1 which may be extended by the ,commission for good cause4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 set deadlines for all such ,federal authorizations2 and 2 7,b7 by striking paragraph 7#b72 and 7,c7 by adding at the end the following new paragraphs3 7#b7 ,deadline for ,federal authorizations ,a final decision on a ,federal authorization is due no later than #ij days after the ,commission issues its final environmental document1 unless a schedule is otherwise established by ,federal law4 7#c7 ,concurrent reviews ,each ,federal and ,state agency considering an aspect of an application for a ,federal authorization shall-- 7,a7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction1 with the review required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations2 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of required ,federal authorizations no later than #ij days after the ,commission issues its final environmental document2 and 7,c7 transmit to the ,commission a statement-- 7i7 acknowledging receipt of the schedule established under paragraph 7#a72 and 7ii7 setting forth the plan formulated under subparagraph 7,b7 of this paragraph4 7#d7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting such authorization4 7,b7 ,issue ,resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of a failure by the ,state agency1 the ,federal agency overseeing the delegated authority7 for resolution4 7#e7 ,failure to meet schedule ,if a ,federal or ,state agency does not complete a proceeding for an approval that is required for a ,federal authorization in accordance with the schedule established by the ,commission under paragraph 7#a7-- 7,a7 the applicant may pursue remedies under section #ai7;d72 and 7,b7 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the proceeding for an approval4 2 7#c7 by redesignating subsections 7d7 through 7f7 as subsections 7g7 through 7i71 respectively2 and 7#d7 by inserting after subsection 7c7 the following new subsections3 7d7 ,remote surveys ,if a ,federal or ,state agency considering an aspect of an application for ,federal authorization requires the applicant to submit environmental data1 the agency shall consider any such data gathered by aerial or other remote means that the applicant submits4 ,the agency may grant a conditional approval for ,federal authorization1 conditioned on the verification of such data by subsequent onsite inspection4 7e7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow an applicant seeking ,federal authorization to fund a third-party contractor to assist in reviewing the application4 7f7 ,accountability1 transparency1 efficiency ,for applications requiring multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of an application1 shall track and make available to the public on the ,commission's website information related to the actions required to complete permitting1 reviews1 and other actions required4 ,such information shall include the following3 7#a7 ,the schedule established by the ,commission under subsection 7c77#a74 7#b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the ,federal authorization4 7#c7 ,the expected completion date for each such action4 7#d7 ,a point of contact at the agency accountable for each such action4 7#e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 4 #aajb4 ,resolving environmental and grid reliability conflicts 7a7 ,compliance with or violation of environmental laws while under emergency order ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,with respect to an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation1 the ,commission shall ensure that such order requires generation1 delivery1 interchange1 or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest1 and1 to the maximum extent practicable1 is consistent with any applicable ,federal1 ,state1 or local environmental law or regulation and minimizes any adverse environmental impacts4 7#c7 ,to the extent any omission or action taken by a party1 that is necessary to comply with an order issued under this subsection1 including any omission or action taken to voluntarily comply with such order1 results in noncompliance with1 or causes such party to not comply with1 any ,federal1 ,state1 or local environmental law or regulation1 such omission or action shall not be considered a violation of such environmental law or regulation1 or subject such party to any requirement1 civil or criminal liability1 or a citizen suit under such environmental law or regulation4 7#d7 7,a7 ,an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation shall expire not later than #ij days after it is issued4 ,the ,commission may renew or reissue such order pursuant to paragraphs 7#a7 and 7#b7 for subsequent periods1 not to exceed #ij days for each period1 as the ,commission determines necessary to meet the emergency and serve the public interest4 7,b7 ,in renewing or reissuing an order under subparagraph 7,a71 the ,commission shall consult with the primary ,federal agency with expertise in the environmental interest protected by such law or regulation1 and shall include in any such renewed or reissued order such conditions as such ,federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable4 ,the conditions1 if any1 submitted by such ,federal agency shall be made available to the public4 ,the ,commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order1 or otherwise makes publicly available1 an explanation of such determination4 7#e7 ,if an order issued under this subsection is subsequently stayed1 modified1 or set aside by a court pursuant to section #cac or any other provision of law1 any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect1 including any omission or action taken to voluntarily comply with the order1 shall remain subject to paragraph 7#c74 4 7b7 ,temporary connection or construction by municipalities ,section #bjb7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7d77 is amended by inserting or municipality before engaged in the transmission or sale of electric energy4 #aajc4 ,emergency preparedness for energy supply disruptions 7a7 ,finding ,congress finds that recent natural disasters have underscored the importance of having resilient oil and natural gas infrastructure and energy storage and effective ways for industry and government to communicate to address energy supply disruptions4 7b7 ,authorization for ,activities ,to ,enhance ,emergency ,preparedness for ,natural ,disasters ,the ,secretary of ,energy shall develop and adopt procedures to-- 7#a7 improve communication and coordination between the ,department of ,energy's energy response team1 ,federal partners1 and industry2 7#b7 leverage the ,energy ,information ,administration's subject matter expertise within the ,department's energy response team to improve supply chain situation assessments2 7#c7 establish company liaisons and direct communication with the ,department's energy response team to improve situation assessments2 7#d7 streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery2 7#e7 facilitate and increase engagement among ,states1 the oil and natural gas industry1 the energy storage industry1 and the ,department in developing ,state and local energy assurance plans2 7#f7 establish routine education and training programs for key government emergency response positions with the ,department and ,states2 and 7#g7 involve ,states1 the energy storage industry1 and the oil and natural gas industry in comprehensive drill and exercise programs4 7c7 ,cooperation ,the activities carried out under subsection 7b7 shall include collaborative efforts with ,state and local government officials and the private sector4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report describing the effectiveness of the activities authorized under this section4 #aajd4 ,critical electric infrastructure security 7a7 ,critical electric infrastructure security ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding after section #bae the following new section3 #bae;,a4 ,critical electric infrastructure security 7a7 ,definitions ,for purposes of this section3 7#a7 ,bulk-power system2 electric reliability organization2 regional entity ,the terms bulk-power system1 ,electric ,reliability ,organization1 and regional entity have the meanings given such terms in paragraphs 7#a71 7#b71 and 7#g7 of section #bae7;a71 respectively4 7#b7 ,critical electric infrastructure ,the term critical electric infrastructure means a system or asset of the bulk-power system1 whether physical or virtual1 the incapacity or destruction of which would negatively affect national security1 economic security1 public health or safety1 or any combination of such matters4 7#c7 ,critical electric infrastructure information ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electrical infrastructure1 generated by or provided to the ,commission or other ,federal agency1 other than classified national security information1 that is designated as critical electric infrastructure information by the ,commission under subsection 7d77#b74 ,such term includes information that qualifies as critical energy infrastructure information under the ,commission's regulations4 7#d7 ,defense critical electric infrastructure ,the term defense critical electric infrastructure means any electric infrastructure located in the ,united ,states 7including the territories7 that serves a facility designated by the ,secretary pursuant to subsection 7c71 but is not owned or operated by the owner or operator of such facility4 7#e7 ,electromagnetic pulse ,the term electromagnetic pulse means #a or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of1 or destroying1 electronic devices or communications networks1 including hardware1 software1 and data1 by means of such a pulse4 7#f7 ,geomagnetic storm ,the term geomagnetic storm means a temporary disturbance of the ,earth's magnetic field resulting from solar activity4 7#g7 ,grid security emergency ,the term grid security emergency means the occurrence or imminent danger of-- 7,a7 7i7 a malicious act using electronic communication or an electromagnetic pulse1 or a geomagnetic storm event1 that could disrupt the operation of those electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure2 and 7ii7 disruption of the operation of such devices or networks1 with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure1 as a result of such act or event2 or 7,b7 7i7 a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure2 and 7ii7 significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack4 7#h7 ,grid security vulnerability ,the term grid security vulnerability means a weakness that1 in the event of a malicious act using an electromagnetic pulse1 would pose a substantial risk of disruption to the operation of those electrical or electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of the bulk-power system4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authority ,to address grid security emergency 7#a7 ,authority ,whenever the ,president issues and provides to the ,secretary a written directive or determination identifying a grid security emergency1 the ,secretary may1 with or without notice1 hearing1 or report1 issue such orders for emergency measures as are necessary in the judgment of the ,secretary to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency4 ,as soon as practicable but not later than #ahj days after the date of enactment of this section1 the ,secretary shall1 after notice and opportunity for comment1 establish rules of procedure that ensure that such authority can be exercised expeditiously4 7#b7 ,notification of ,congress ,whenever the ,president issues and provides to the ,secretary a written directive or determination under paragraph 7#a71 the ,president shall promptly notify congressional committees of relevant jurisdiction1 including the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 of the contents of1 and justification for1 such directive or determination4 7#c7 ,consultation ,before issuing an order for emergency measures under paragraph 7#a71 the ,secretary shall1 to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action1 consult with appropriate governmental authorities in ,canada and ,mexico1 entities described in paragraph 7#d71 the ,electricity ,sub-sector ,coordinating ,council1 the ,commission1 and other appropriate ,federal agencies regarding implementation of such emergency measures4 7#d7 ,application ,an order for emergency measures under this subsection may apply to-- 7,a7 the ,electric ,reliability ,organization2 7,b7 a regional entity2 or 7,c7 any owner1 user1 or operator of critical electric infrastructure or of defense critical electric infrastructure within the ,united ,states4 7#e7 ,expiration and reissuance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an order for emergency measures issued under paragraph 7#a7 shall expire no later than #ae days after its issuance4 7,b7 ,extensions ,the ,secretary may reissue an order for emergency measures issued under paragraph 7#a7 for subsequent periods1 not to exceed #ae days for each such period1 provided that the ,president1 for each such period1 issues and provides to the ,secretary a written directive or determination that the grid security emergency identified under paragraph 7#a7 continues to exist or that the emergency measure continues to be required4 7#f7 ,cost recovery 7,a7 ,critical electric infrastructure ,if the ,commission determines that owners1 operators1 or users of critical electric infrastructure have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners1 operators1 or users1 the ,commission shall1 consistent with the requirements of section #bje1 after notice and an opportunity for comment1 establish a mechanism that permits such owners1 operators1 or users to recover such costs4 7,b7 ,defense critical electric infrastructure ,to the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection1 the owners or operators of a critical defense facility or facilities designated by the ,secretary pursuant to subsection 7c7 that rely upon such infrastructure shall bear the full incremental costs of the measures4 7#g7 ,temporary access to classified information ,the ,secretary1 and other appropriate ,federal agencies1 shall1 to the extent practicable and consistent with their obligations to protect classified information1 provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph 7#a7 to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the ,secretary and other appropriate ,federal agencies regarding the grid security emergency4 7c7 ,designation of critical defense facilities ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with other appropriate ,federal agencies and appropriate owners1 users1 or operators of infrastructure that may be defense critical electric infrastructure1 shall identify and designate facilities located in the ,united ,states 7including the territories7 that are-- 7#a7 critical to the defense of the ,united ,states2 and 7#b7 vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider4 ,the ,secretary may1 in consultation with appropriate ,federal agencies and appropriate owners1 users1 or operators of defense critical electric infrastructure1 periodically revise the list of designated facilities as necessary4 7d7 ,protection and sharing of critical electric infrastructure information 7#a7 ,protection of critical electric infrastructure information ,critical electric infrastructure information-- 7,a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,b7 shall not be made available by any ,federal1 ,state1 political subdivision or tribal authority pursuant to any ,federal1 ,state1 political subdivision or tribal law requiring public disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than one year after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 shall promulgate such regulations and issue such orders as necessary to-- 7,a7 designate information as critical electric infrastructure information2 7,b7 prohibit the unauthorized disclosure of critical electric infrastructure information2 7,c7 ensure there are appropriate sanctions in place for ,commissioners1 officers1 employees1 or agents of the ,commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 7,d7 taking into account standards of the ,electric ,reliability ,organization1 facilitate voluntary sharing of critical electric infrastructure information with1 between1 and by-- 7i7 ,federal1 ,state1 political subdivision1 and tribal authorities2 7ii7 the ,electric ,reliability ,organization2 7iii7 regional entities2 7iv7 information sharing and analysis centers established pursuant to ,presidential ,decision ,directive #fc2 7v7 owners1 operators1 and users of critical electric infrastructure in the ,united ,states2 and 7vi7 other entities determined appropriate by the ,commission4 7#c7 ,considerations ,in promulgating regulations and issuing orders under paragraph 7#b71 the ,commission shall take into consideration the role of ,state commissions in reviewing the prudence and cost of investments1 determining the rates and terms of conditions for electric services1 and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions4 7#d7 ,protocols ,the ,commission shall1 in consultation with ,canadian and ,mexican authorities1 develop protocols for the voluntary sharing of critical electric infrastructure information with ,canadian and ,mexican authorities and owners1 operators1 and users of the bulk-power system outside the ,united ,states4 7#e7 ,no required sharing of information ,nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#f7 ,submission of information to ,congress ,nothing in this section shall permit or authorize the withholding of information from ,congress1 any committee or subcommittee thereof1 or the ,comptroller ,general4 7#g7 ,disclosure of protected information ,in implementing this section1 the ,commission shall segregate critical electric infrastructure information or information that reasonably could be expected to lead to the disclosure of the critical electric infrastructure information within documents and electronic communications1 wherever feasible1 to facilitate disclosure of information that is not designated as critical electric infrastructure information4 7#h7 ,duration of designation ,information may not be designated as critical electric infrastructure information for longer than #e years1 unless specifically re-designated by the ,commission4 7#i7 ,removal of designation ,the ,commission shall remove the designation of critical electric infrastructure information1 in whole or in part1 from a document or electronic communication if the ,commission determines that the unauthorized disclosure of such information could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities4 7#aj7 ,judicial review of designations ,notwithstanding section #cac7;b71 any determination by the ,commission concerning the designation of critical electric infrastructure information under this subsection shall be subject to review under chapter #g of title #e1 ,united ,states ,code1 except that such review shall be brought in the district court of the ,united ,states in the district in which the complainant resides1 or has his principal place of business1 or in the ,district of ,columbia4 ,in such a case the court shall examine in camera the contents of documents or electronic communications that are the subject of the determination under review to determine whether such documents or any part thereof were improperly designated or not designated as critical electric infrastructure information4 7e7 ,measures to address grid security vulnerabilities 7#a7 ,commission authority 7,a7 ,reliability standards ,if the ,commission1 in consultation with appropriate ,federal agencies1 identifies a grid security vulnerability that the ,commission determines has not adequately been addressed through a reliability standard developed and approved under section #bae1 the ,commission shall1 after notice and opportunity for comment and after consultation with the ,secretary1 other appropriate ,federal agencies1 and appropriate governmental authorities in ,canada and ,mexico1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #cj days after the issuance of such order1 a reliability standard requiring implementation1 by any owner1 operator1 or user of the bulk-power system in the ,united ,states1 of measures to protect the bulk-power system against such vulnerability4 ,any such standard shall include a protection plan1 including automated hardware-based solutions4 ,the ,commission shall approve a reliability standard submitted pursuant to this subparagraph1 unless the ,commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section #bae4 7,b7 ,measures to address grid security vulnerabilities ,if the ,commission1 after notice and opportunity for comment and after consultation with the ,secretary1 other appropriate ,federal agencies1 and appropriate governmental authorities in ,canada and ,mexico1 determines that the reliability standard submitted by the ,electric ,reliability ,organization to address a grid security vulnerability identified under subparagraph 7,a7 does not adequately protect the bulk-power system against such vulnerability1 the ,commission shall promulgate a rule or issue an order requiring implementation1 by any owner1 operator1 or user of the bulk-power system in the ,united ,states1 of measures to protect the bulk-power system against such vulnerability4 ,any such rule or order shall include a protection plan1 including automated hardware-based solutions4 ,before promulgating a rule or issuing an order under this subparagraph1 the ,commission shall1 to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability1 request and consider recommendations from the ,electric ,reliability ,organization regarding such rule or order4 ,the ,commission may establish an appropriate deadline for the submission of such recommendations4 7#b7 ,rescission ,the ,commission shall approve a reliability standard developed under section #bae that addresses a grid security vulnerability that is the subject of a rule or order under paragraph 7#a77;,b71 unless the ,commission determines that such reliability standard does not adequately protect against such vulnerability or otherwise does not satisfy the requirements of section #bae4 ,upon such approval1 the ,commission shall rescind the rule promulgated or order issued under paragraph 7#a77;,b7 addressing such vulnerability1 effective upon the effective date of the newly approved reliability standard4 7#c7 ,geomagnetic storms and electromagnetic pulse ,not later than #f months after the date of enactment of this section1 the ,commission shall1 after notice and an opportunity for comment and after consultation with the ,secretary and other appropriate ,federal agencies1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #f months after the issuance of such order1 reliability standards adequate to protect the bulk-power system from any reasonably foreseeable geomagnetic storm or electromagnetic pulse event4 ,the ,commission's order shall specify the nature and magnitude of the reasonably foreseeable events against which such standards must protect4 ,such standards shall appropriately balance the risks to the bulk-power system associated with such events1 including any regional variation in such risks1 the costs of mitigating such risks1 and the priorities and timing associated with implementation4 ,if the ,commission determines that the reliability standards submitted by the ,electric ,reliability ,organization pursuant to this paragraph are inadequate1 the ,commission shall promulgate a rule or issue an order adequate to protect the bulk-power system from geomagnetic storms or electromagnetic pulse as required under paragraph 7#a77;,b74 7#d7 ,large transformer availability ,not later than #a year after the date of enactment of this section1 the ,commission shall1 after notice and an opportunity for comment and after consultation with the ,secretary and other appropriate ,federal agencies1 issue an order directing the ,electric ,reliability ,organization to submit to the ,commission for approval under section #bae1 not later than #a year after the issuance of such order1 reliability standards addressing availability of large transformers4 ,such standards shall require entities that own or operate large transformers to ensure1 individually or jointly1 adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a geomagnetic storm event or electromagnetic pulse event4 ,the ,commission's order shall specify the nature and magnitude of the reasonably foreseeable events that shall provide the basis for such standards4 ,such standards shall-- 7,a7 provide entities subject to the standards with the option of meeting such standards individually or jointly2 and 7,b7 appropriately balance the risks associated with a reasonably foreseeable event1 including any regional variation in such risks1 and the costs of ensuring adequate availability of spare transformers4 7#e7 ,certain ,federal entities ,for the #aa-year period commencing on the date of enactment of this section1 the ,tennessee ,valley ,authority and the ,bonneville ,power ,administration shall be exempt from any requirement under this subsection4 7f7 ,security clearances ,the ,secretary shall facilitate and1 to the extent practicable1 expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section1 to enable optimum communication with ,federal agencies regarding threats to the security of the critical electric infrastructure4 ,the ,secretary1 the ,commission1 and other appropriate ,federal agencies shall1 to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information1 share timely actionable information regarding grid security with appropriate key personnel of owners1 operators1 and users of the critical electric infrastructure4 7g7 ,clarifications of liability 7#a7 ,compliance with or violation of this ,act ,except as provided in paragraph 7#d71 to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection 7b77#a71 including any action or omission taken to voluntarily comply with such order1 results in noncompliance with1 or causes such entity not to comply with any rule1 order1 regulation1 or provision of this ,act1 including any reliability standard approved by the ,commission pursuant to section #bae1 such action or omission shall not be considered a violation of such rule1 order1 regulation1 or provision4 7#b7 ,relation to section #bjb7;c7 ,except as provided in paragraph 7#d71 an action or omission taken by an owner1 operator1 or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection 7b77#a7 shall be treated as an action or omission taken to comply with an order issued under section #bjb7;c7 for purposes of such section4 7#c7 ,sharing or receipt of information ,no cause of action shall lie or be maintained in any ,federal or ,state court for the sharing or receipt of information under1 and that is conducted in accordance with1 subsection 7d74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that1 in the course of complying with an order for emergency measures issued under subsection 7b77#a7 by taking an action or omission for which they would be liable but for paragraph 7#a7 or 7#b71 takes such action or omission in a grossly negligent manner4 4 7b7 ,conforming amendments 7#a7 ,jurisdiction ,section #bja7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;b77#b77 is amended by inserting #bae;,a1 after #bae1 each place it appears4 7#b7 ,public utility ,section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e77 is amended by inserting #bae;,a1 after #bae14 #aaje4 ,strategic ,transformer ,reserve 7a7 ,finding ,congress finds that the storage of strategically located spare large power transformers and emergency mobile substations will reduce the vulnerability of the ,united ,states to multiple risks facing electric grid reliability1 including physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 and seismic events4 7b7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,critically damaged large power transformer ,the term critically damaged large power transformer means a large power transformer that-- 7,a7 has sustained extensive damage such that-- 7i7 repair or refurbishment is not economically viable2 or 7ii7 the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system2 and 7,b7 prior to sustaining such damage1 was part of the bulk-power system4 7#c7 ,critical electric infrastructure ,the term critical electric infrastructure has the meaning given that term in section #bae;,a of the ,federal ,power ,act4 7#d7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#e7 ,emergency mobile substation ,the term emergency mobile substation means a mobile substation or mobile transformer that is-- 7,a7 assembled and permanently mounted on a trailer that is capable of highway travel and meets relevant ,department of ,transportation regulations2 and 7,b7 intended for express deployment and capable of being rapidly placed into service4 7#f7 ,large power transformer ,the term large power transformer means a power transformer with a maximum nameplate rating of #ajj megavolt-amperes or higher1 including related critical equipment1 that is1 or is intended to be1 a part of the bulk-power system4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#h7 ,spare large power transformer ,the term spare large power transformer means a large power transformer that is stored within the ,strategic ,transformer ,reserve to be available to temporarily replace a critically damaged large power transformer4 7c7 ,strategic ,transformer ,reserve plan 7#a7 ,plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,office of ,electricity ,delivery and ,energy ,reliability1 shall1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,electricity ,sub-sector ,coordinating ,council1 the ,electric ,reliability ,organization1 and owners and operators of critical electric infrastructure and defense and military installations1 prepare and submit to ,congress a plan to establish a ,strategic ,transformer ,reserve for the storage1 in strategically located facilities1 of spare large power transformers and emergency mobile substations in sufficient numbers to temporarily replace critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations4 7#b7 ,inclusions ,the ,strategic ,transformer ,reserve plan shall include a description of-- 7,a7 the appropriate number and type of spare large power transformers necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations to mitigate significant impacts to the electric grid resulting from-- 7i7 physical attack2 7ii7 cyber attack2 7iii7 electromagnetic pulse attack2 7iv7 geomagnetic disturbances2 7v7 severe weather2 or 7vi7 seismic events2 7,b7 other critical electric grid equipment for which an inventory of spare equipment1 including emergency mobile substations1 is necessary to provide or restore sufficient resiliency to the bulk-power system1 critical electric infrastructure1 and defense and military installations2 7,c7 the degree to which utility sector actions or initiatives1 including individual utility ownership of spare equipment1 joint ownership of spare equipment inventory1 sharing agreements1 or other spare equipment reserves or arrangements1 satisfy the needs identified under subparagraphs 7,a7 and 7,b72 7,d7 the potential locations for1 and feasibility and appropriate number of1 strategic storage locations for reserve equipment1 including consideration of-- 7i7 the physical security of such locations2 7ii7 the protection of the confidentiality of such locations2 and 7iii7 the proximity of such locations to sites of potentially critically damaged large power transformers and substations that are critical electric infrastructure or serve defense and military installations1 so as to enable efficient delivery of equipment to such sites2 7,e7 the necessary degree of flexibility of spare large power transformers to be included in the ,strategic ,transformer ,reserve to conform to different substation configurations1 including consideration of transformer-- 7i7 power and voltage rating for each winding2 7ii7 overload requirements2 7iii7 impedance between windings2 7iv7 configuration of windings2 and 7v7 tap requirements2 7,f7 an estimate of the direct cost of the ,strategic ,transformer ,reserve1 as proposed1 including-- 7i7 the cost of storage facilities2 7ii7 the cost of the equipment2 and 7iii7 management1 maintenance1 and operation costs2 7,g7 the funding options available to establish1 stock1 manage1 and maintain the ,strategic ,transformer ,reserve1 including consideration of fees on owners and operators of bulk-power system facilities1 critical electric infrastructure1 and defense and military installations relying on the ,strategic ,transformer ,reserve1 use of ,federal appropriations1 and public-private cost-sharing options2 7,h7 the ease and speed of transportation1 installation1 and energization of spare large power transformers to be included in the ,strategic ,transformer ,reserve1 including consideration of factors such as-- 7i7 transformer transportation weight2 7ii7 transformer size2 7iii7 topology of critical substations2 7iv7 availability of appropriate transformer mounting pads2 7v7 flexibility of the spare large power transformers as described in subparagraph 7,e72 and 7vi7 ability to rapidly transition a spare large power transformer from storage to energization2 7,i7 eligibility criteria for withdrawal of equipment from the ,strategic ,transformer ,reserve2 7,j7 the process by which owners or operators of critically damaged large power transformers or substations that are critical electric infrastructure or serve defense and military installations may apply for a withdrawal from the ,strategic ,transformer ,reserve2 7,k7 the process by which equipment withdrawn from the ,strategic ,transformer ,reserve is returned to the ,strategic ,transformer ,reserve or is replaced2 7,l7 possible fees to be paid by users of equipment withdrawn from the ,strategic ,transformer ,reserve2 7,m7 possible fees to be paid by owners and operators of large power transformers and substations that are critical electric infrastructure or serve defense and military installations to cover operating costs of the ,strategic ,transformer ,reserve2 7,n7 the domestic and international large power transformer supply chain2 7,o7 the potential reliability1 cost1 and operational benefits of including emergency mobile substations in any ,strategic ,transformer ,reserve established under this section2 and 7,p7 other considerations for designing1 constructing1 stocking1 funding1 and managing the ,strategic ,transformer ,reserve4 7d7 ,establishment ,the ,secretary may establish a ,strategic ,transformer ,reserve in accordance with the plan prepared pursuant to subsection 7c7 after the date that is #f months after the date on which such plan is submitted to ,congress4 7e7 ,disclosure of information ,any information included in the ,strategic ,transformer ,reserve plan1 or shared in the preparation and development of such plan1 the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure1 shall be deemed to be critical electric infrastructure information for purposes of section #bae;,a7d7 of the ,federal ,power ,act4 #aajf4 ,cyber ,sense 7a7 ,in ,general ,the ,secretary of ,energy shall establish a voluntary ,cyber ,sense program to identify and promote cyber-secure products intended for use in the bulk-power system1 as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7b7 ,program requirements ,in carrying out subsection 7a71 the ,secretary of ,energy shall-- 7#a7 establish a ,cyber ,sense testing process to identify products and technologies intended for use in the bulk-power system1 including products relating to industrial control systems1 such as supervisory control and data acquisition systems2 7#b7 for products tested and identified under the ,cyber ,sense program1 establish and maintain cybersecurity vulnerability reporting processes and a related database2 7#c7 promulgate regulations regarding vulnerability reporting processes for products tested and identified under the ,cyber ,sense program2 7#d7 provide technical assistance to utilities1 product manufacturers1 and other electric sector stakeholders to develop solutions to mitigate identified vulnerabilities in products tested and identified under the ,cyber ,sense program2 7#e7 biennially review products tested and identified under the ,cyber ,sense program for vulnerabilities and provide analysis with respect to how such products respond to and mitigate cyber threats2 7#f7 develop procurement guidance for utilities for products tested and identified under the ,cyber ,sense program2 7#g7 provide reasonable notice to the public1 and solicit comments from the public1 prior to establishing or revising the ,cyber ,sense testing process2 7#h7 oversee ,cyber ,sense testing carried out by third parties2 and 7#i7 consider incentives to encourage the use in the bulk-power system of products tested and identified under the ,cyber ,sense program4 7c7 ,disclosure of information ,any vulnerability reported pursuant to regulations promulgated under subsection 7b77#c71 the disclosure of which the agency reasonably foresees would cause harm to critical electric infrastructure 7as defined in section #bae;,a of the ,federal ,power ,act71 shall be deemed to be critical electric infrastructure information for purposes of section #bae;,a7d7 of the ,federal ,power ,act4 7d7 ,federal ,government liability ,consistent with other voluntary ,federal ,government certification programs1 nothing in this section shall be construed to authorize the commencement of an action against the ,united ,states ,government with respect to the testing and identification of a product under the ,cyber ,sense program4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities 7a7 ,state consideration of resiliency and advanced energy analytics technologies and reliable generation 7#a7 ,consideration ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding the following at the end3 7#bj7 ,improving the resilience of electric infrastructure 7,a7 ,in general ,each electric utility shall develop a plan to use resiliency-related technologies1 upgrades1 measures1 and other approaches designed to improve the resilience of electric infrastructure1 mitigate power outages1 continue delivery of vital services1 and maintain the flow of power to facilities critical to public health1 safety1 and welfare1 to the extent practicable using the most current data1 metrics1 and frameworks related to current and future threats1 including physical and cyber attacks1 electromagnetic pulse attacks1 geomagnetic disturbances1 seismic events1 and severe weather and other environmental stressors4 7,b7 ,resiliency-related technologies ,for purposes of this paragraph1 examples of resiliency-related technologies1 upgrades1 measures1 and other approaches include-- 7i7 hardening1 or other enhanced protection1 of utility poles1 wiring1 cabling1 and other distribution components1 facilities1 or structures2 7ii7 advanced grid technologies capable of isolating or repairing problems remotely1 such as advanced metering infrastructure1 high-tech sensors1 grid monitoring and control systems1 and remote reconfiguration and redundancy systems2 7iii7 cybersecurity products and components2 7iv7 distributed generation1 including back-up generation to power critical facilities and essential services1 and related integration components1 such as advanced inverter technology2 7v7 microgrid systems1 including hybrid microgrid systems for isolated communities2 7vi7 combined heat and power2 7vii7 waste heat resources2 7viii7 non-grid-scale energy storage technologies2 7ix7 wiring1 cabling1 and other distribution components1 including submersible distribution components1 and enclosures2 7x7 electronically controlled reclosers and similar technologies for power restoration1 including emergency mobile substations1 as defined in section #aaje of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf2 7xi7 advanced energy analytics technology1 such as ,internet-based and cloud-based computing solutions and subscription licensing models2 7xii7 measures that enhance resilience through planning1 preparation1 response1 and recovery activities2 7xiii7 operational capabilities to enhance resilience through rapid response recovery2 and 7xiv7 measures to ensure availability of key critical components through contracts1 cooperative agreements1 stockpiling and prepositioning1 or other measures4 7,c7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider authorizing each such electric utility to recover any capital1 operating expenditure1 or other costs of the electric utility related to the procurement1 deployment1 or use of resiliency-related technologies1 including a reasonable rate of return on the capital expenditures of the electric utility for the procurement1 deployment1 or use of resiliency-related technologies4 7#ba7 ,promoting investments in advanced energy analytics technology 7,a7 ,in general ,each electric utility shall develop and implement a plan for deploying advanced energy analytics technology4 7,b7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider confirming and clarifying1 if necessary1 that each such electric utility is authorized to recover the costs of the electric utility relating to the procurement1 deployment1 or use of advanced energy analytics technology1 including a reasonable rate of return on all such costs incurred by the electric utility for the procurement1 deployment1 or use of advanced energy analytics technology1 provided such technology is used by the electric utility for purposes of realizing operational efficiencies1 cost savings1 enhanced energy management and customer engagement1 improvements in system reliability1 safety1 and cybersecurity1 or other benefits to ratepayers4 7,c7 ,advanced energy analytics technology ,for purposes of this paragraph1 examples of advanced energy analytics technology include ,internet-based and cloud-based computing solutions and subscription licensing models1 including software as a service that uses cyber-physical systems to allow the correlation of data aggregated from appropriate data sources and smart grid sensor networks1 employs analytics and machine learning1 or employs other advanced computing solutions and models4 7#bb7 ,assuring electric reliability with reliable generation 7,a7 ,assurance of electric reliability ,each electric utility shall adopt or modify policies to ensure that such electric utility incorporates reliable generation into its integrated resource plan to assure the availability of electric energy over a #aj-year planning period4 7,b7 ,reliable generation ,for purposes of this paragraph1 reliable generation means electric generation facilities with reliability attributes that include-- 7i7 7,i7 possession of adequate fuel on-site to enable operation for an extended period of time2 7,,ii7 the operational ability to generate electric energy from more than one source2 or 7,,iii7 fuel certainty1 through firm contractual obligations 7which may not be required to be for a period longer than one year71 that ensures adequate fuel supply to enable operation1 for an extended period of time1 for the duration of an emergency or severe weather conditions2 7ii7 operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions2 and 7iii7 unless procured through other procurement mechanisms1 essential reliability services1 including frequency support and regulation services4 7#bc7 ,subsidization of customer-side technology 7,a7 ,consideration ,to the extent that a ,state regulatory authority may require or allow rates charged by any electric utility for which it has ratemaking authority to electric consumers that do not use a customer-side technology to include any cost1 fee1 or charge that directly or indirectly cross-subsidizes the deployment1 construction1 maintenance1 or operation of that customer-side technology1 such authority shall evaluate whether subsidizing the deployment1 construction1 maintenance1 or operation of a customer-side technology would-- 7i7 result in benefits predominately enjoyed by only the users of that customer-side technology2 7ii7 shift costs of a customer-side technology to electricity consumers that do not use that customer-side technology1 particularly where disparate economic or resource conditions exist among the electricity consumers cross-subsidizing the costumer-side technology2 7iii7 negatively affect resource utilization1 fuel diversity1 or grid security2 7iv7 provide any unfair competitive advantage to market the customer-side technology2 and 7v7 be necessary to fulfill an obligation to serve electric consumers4 7,b7 ,public notice ,each ,state regulatory authority shall make available to the public the evaluation completed under subparagraph 7,a7 at least #ij days prior to any proceedings in which such authority considers the cross-subsidization of a customer-side technology4 7,c7 ,customer-side technology ,for purposes of this paragraph1 the term customer-side technology means a device connected to the electricity distribution system-- 7i7 at1 or on the customer side of1 the meter2 or 7ii7 that1 if owned or operated by or on behalf of an electric utility1 would otherwise be at1 or on the customer side of1 the meter4 4 7#b7 ,compliance 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility1 as applicable1 shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraphs 7#bj71 7#bb71 and 7#bc7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility1 as applicable1 shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraphs 7#bj71 7#bb71 and 7#bc7 of section #aaa7;d74 7#h7 7,a7 ,not later than #f months after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7,b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding the following at the end3 ,in the case of the standards established by paragraphs 7#bj7 through 7#bc7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of such paragraphs44 7,c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following new subsection3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to a standard established by paragraph 7#bj71 7#ba71 7#bb71 or 7#bc7 of section #aaa7;d7 in the case of any electric utility in a ,state if-- 7#a7 before the date of enactment of this subsection1 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection2 or 7#c7 the ,state legislature has voted on the implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection4 4 7b7 ,coverage for competitive markets ,section #ajb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfab7 is amended by adding at the end the following3 7d7 ,coverage for competitive markets ,the requirements of this title do not apply to the operations of an electric utility1 or to proceedings respecting such operations1 to the extent that such operations or proceedings1 or any portion thereof1 relate to the competitive sale of retail electric energy that is unbundled or separated from the regulated provision or sale of distribution service4 4 #aajh4 ,reliability analysis for certain rules that affect electric generating facilities 7a7 ,applicability ,this section shall apply with respect to any proposed or final covered rule issued by a ,federal agency for which compliance with the rule may impact an electric utility generating unit or units1 including by resulting in closure or interruption to operations of such a unit or units4 7b7 ,reliability analysis 7#a7 ,analysis of rules ,the ,federal ,energy ,regulatory ,commission1 in consultation with the ,electric ,reliability ,organization1 shall conduct an independent reliability analysis of a proposed or final covered rule under this section to evaluate the anticipated effects of implementation and enforcement of the rule on-- 7,a7 electric reliability and resource adequacy2 7,b7 the electricity generation portfolio of the ,united ,states2 7,c7 the operation of wholesale electricity markets2 and 7,d7 energy delivery and infrastructure1 including electric transmission facilities and natural gas pipelines4 7#b7 ,relevant information 7,a7 ,materials from ,federal agencies ,a ,federal agency shall provide to the ,commission materials and information relevant to the analysis required under paragraph 7#a7 for a rule1 including relevant data1 modeling1 and resource adequacy and reliability assessments1 prepared or relied upon by such agency in developing the rule4 7,b7 ,analyses from other entities ,the ,electric ,reliability ,organization1 regional entities1 regional transmission organizations1 independent system operators1 and other reliability coordinators and planning authorities shall timely conduct analyses and provide such information as may be reasonably requested by the ,commission4 7#c7 ,notice ,a ,federal agency shall provide to the ,commission notice of the issuance of any proposed or final covered rule not later than #ae days after the date of such issuance4 7c7 ,proposed rules ,not later than #aej days after the date of publication in the ,federal ,register of a proposed rule described in subsection 7a71 the ,federal ,energy ,regulatory ,commission shall make available to the public an analysis of the proposed rule conducted in accordance with subsection 7b71 and any relevant special assessment or seasonal or long-term reliability assessment completed by the ,electric ,reliability ,organization4 7d7 ,final rules 7#a7 ,inclusion ,a final rule described in subsection 7a7 shall include1 if available at the time of issuance1 a copy of the analysis conducted pursuant to subsection 7c7 of the rule as proposed4 7#b7 ,analysis ,not later than #abj days after the date of publication in the ,federal ,register of a final rule described in subsection 7a71 the ,federal ,energy ,regulatory ,commission shall make available to the public an analysis of the final rule conducted in accordance with subsection 7b71 and any relevant special assessment or seasonal or long-term reliability assessment completed by the ,electric ,reliability ,organization4 7e7 ,definitions ,in this section3 7#a7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given to such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,federal agency ,the term ,federal agency means an agency1 as that term is defined in section #eea of title #e1 ,united ,states ,code4 7#c7 ,covered rule ,the term covered rule means a proposed or final rule that is estimated by the ,federal agency issuing the rule1 or the ,director of the ,office of ,management and ,budget1 to result in an annual effect on the economy of #a1jjj1jjj1jjj or more4 #aaji4 ,increased accountability with respect to carbon capture1 utilization1 and sequestration projects 7a7 ,,doe evaluation 7#a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall1 in accordance with this section1 annually conduct an evaluation1 and make recommendations1 with respect to each project conducted by the ,secretary for research1 development1 demonstration1 or deployment of carbon capture1 utilization1 and sequestration technologies 7also known as carbon capture and storage and utilization technologies74 7#b7 ,scope ,for purposes of this section1 a project includes any contract1 lease1 cooperative agreement1 or other similar transaction with a public agency or private organization or person1 entered into or performed1 or any payment made1 by the ,secretary for research1 development1 demonstration1 or deployment of carbon capture1 utilization1 and sequestration technologies4 7b7 ,requirements for evaluation ,in conducting an evaluation of a project under this section1 the ,secretary shall-- 7#a7 examine if the project has made advancements toward achieving any specific goal of the project with respect to a carbon capture1 utilization1 and sequestration technology2 and 7#b7 evaluate and determine if the project has made significant progress in advancing a carbon capture1 utilization1 and sequestration technology4 7c7 ,recommendations ,for each evaluation of a project conducted under this section1 if the ,secretary determines that-- 7#a7 significant progress in advancing a carbon capture1 utilization1 and sequestration technology has been made1 the ,secretary shall assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project2 or 7#b7 significant progress in advancing a carbon capture1 utilization1 and sequestration technology has not been made1 the ,secretary shall-- 7,a7 assess the funding of the project and make a recommendation as to whether increased funding is necessary to advance the project2 7,b7 assess and determine if the project has reached its full potential2 and 7,c7 make a recommendation as to whether the project should continue4 7d7 ,reports 7#a7 ,report on evaluations and recommendations ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall-- 7,a7 issue a report on the evaluations conducted and recommendations made during the previous year pursuant to this section2 and 7,b7 make each such report available on the ,internet website of the ,department of ,energy4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #c years thereafter1 the ,secretary shall submit to the ,subcommittee on ,energy and ,power of the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on-- 7,a7 the evaluations conducted and recommendations made during the previous #c years pursuant to this section2 and 7,b7 the progress of the ,department of ,energy in advancing carbon capture1 utilization1 and sequestration technologies1 including progress in achieving the ,department of ,energy's goal of having an array of advanced carbon capture and sequestration technologies ready by #bjbj for large-scale demonstration4 #aaaj4 ,reliability and performance assurance in ,regional ,transmission ,organizations ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq471 as amended by section #aajd1 is further amended by adding after section #bae;,a the following new section3 #bae;,b4 ,reliability and performance assurance in ,regional ,transmission ,organizations 7a7 ,existing capacity markets 7#a7 ,analysis concerning capacity market design ,not later than #ahj days after the date of enactment of this section1 each ,regional ,transmission ,organization1 and each ,independent ,system ,operator1 that operates a capacity market1 or a comparable market intended to ensure the procurement and availability of sufficient future electric energy resources1 that is subject to the jurisdiction of the ,commission1 shall provide to the ,commission an analysis of how the structure of such market meets the following criteria3 7,a7 ,the structure of such market utilizes competitive market forces to the extent practicable in procuring capacity resources4 7,b7 ,consistent with subparagraph 7,a71 the structure of such market includes resource-neutral performance criteria that ensure the procurement of sufficient capacity from physical generation facilities that have reliability attributes that include-- 7i7 7,i7 possession of adequate fuel on-site to enable operation for an extended period of time2 7,,ii7 the operational ability to generate electric energy from more than one fuel source2 or 7,,iii7 fuel certainty1 through firm contractual obligations1 that ensures adequate fuel supply to enable operation1 for an extended period of time1 for the duration of an emergency or severe weather conditions2 7ii7 operational characteristics that enable the generation of electric energy for the duration of an emergency or severe weather conditions2 and 7iii7 unless procured through other markets or procurement mechanisms1 essential reliability services1 including frequency support and regulation services4 7#b7 ,commission evaluation and report ,not later than #a year after the date of enactment of this section1 the ,commission shall make publicly available1 and submit to the ,committee on ,energy and ,commerce in the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources in the ,senate1 a report containing-- 7,a7 evaluation of whether the structure of each market addressed in an analysis submitted pursuant to paragraph 7#a7 meets the criteria under such paragraph1 based on the analysis2 and 7,b7 to the extent a market so addressed does not meet such criteria1 any recommendations with respect to the procurement of sufficient capacity1 as described in paragraph 7#a77;,b74 7b7 ,commission evaluation and report for new schedules 7#a7 ,inclusion of analysis in filing ,except as provided in subsection 7a77#b71 whenever a ,regional ,transmission ,organization or ,independent ,system ,operator files a new schedule under section #bje to establish a market described in subsection 7a77#a71 or that substantially modifies the capacity market design of a market described in subsection 7a77#a71 the ,regional ,transmission ,organization or ,independent ,system ,operator shall include in any such filing the analysis required by subsection 7a77#a74 7#b7 ,evaluation and report ,not later than #ahj days of receiving an analysis under paragraph 7#a71 the ,commission shall make publicly available1 and submit to the ,committee on ,energy and ,commerce in the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources in the ,senate1 a report containing-- 7,a7 an evaluation of whether the structure of the market addressed in the analysis meets the criteria under subsection 7a77#a71 based on the analysis2 and 7,b7 to the extent the market does not meet such criteria1 any recommendations with respect to the procurement of sufficient capacity1 as described in subsection 7a77#a77;,b74 7c7 ,effect on existing approvals ,nothing in this section shall be considered to-- 7#a7 require a modification of the ,commission's approval of the capacity market design approved pursuant to docket numbers ,,er#ae-fbc-jjj1 ,,el#ae-bi-jjj1 ,,el#ad-eb-jjj1 and ,,er#ad-bdai-jjj2 or 7#b7 provide grounds for the ,commission to grant rehearing or otherwise modify orders issued in those dockets4 4 #aaaa4 ,ethane storage study 7a7 ,in general ,the ,secretary of ,energy and the ,secretary of ,commerce1 in consultation with other relevant agencies and stakeholders1 shall conduct a study on the feasibility of establishing an ethane storage and distribution hub in the ,united ,states4 7b7 ,contents ,the study conducted under subsection 7a7 shall include-- 7#a7 an examination of-- 7,a7 potential locations2 7,b7 economic feasibility2 7,c7 economic benefits2 7,d7 geological storage capacity capabilities2 7,e7 above ground storage capabilities2 7,f7 infrastructure needs2 and 7,g7 other markets and trading hubs1 particularly related to ethane2 and 7#b7 identification of potential additional benefits to energy security4 7c7 ,publication of results ,not later than #b years after the date of enactment of this ,act1 the ,secretaries of ,energy and ,commerce shall publish the results of the study conducted under subsection 7a7 on the websites of the ,departments of ,energy and ,commerce1 respectively1 and shall submit such results to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committees on ,energy and ,natural ,resources and ,commerce1 ,science1 and ,transportation of the ,senate4 #aaab4 ,statement of policy on grid modernization ,it is the policy of the ,united ,states to promote and advance-- 7#a7 the modernization of the energy delivery infrastructure of the ,united ,states1 and bolster the reliability1 affordability1 diversity1 efficiency1 security1 and resiliency of domestic energy supplies1 through advanced grid technologies2 7#b7 the modernization of the electric grid to enable a robust multi-directional power flow that leverages centralized energy resources and distributed energy resources1 enables robust retail transactions1 and facilitates the alignment of business and regulatory models to achieve a grid that optimizes the entire electric delivery system2 7#c7 relevant research and development in advanced grid technologies1 including-- 7,a7 energy storage2 7,b7 predictive tools and requisite real-time data to enable the dynamic optimization of grid operations2 7,c7 power electronics1 including smart inverters1 that ease the challenge of intermittent renewable resources and distributed generation2 7,d7 real-time data and situational awareness tools and systems2 and 7,e7 tools to increase data security1 physical security1 and cybersecurity awareness and protection2 7#d7 the leadership of the ,united ,states in basic and applied sciences to develop a systems approach to innovation and development of cyber-secure advanced grid technologies1 architectures1 and control paradigms capable of managing diverse supplies and loads2 7#e7 the safeguarding of the critical energy delivery infrastructure of the ,united ,states and the enhanced resilience of the infrastructure to all hazards1 including-- 7,a7 severe weather events2 7,b7 cyber and physical threats2 and 7,c7 other factors that affect energy delivery2 7#f7 the coordination of goals1 investments to optimize the grid1 and other measures for energy efficiency1 advanced grid technologies1 interoperability1 and demand response-side management resources2 7#g7 partnerships with ,states and the private sector-- 7,a7 to facilitate advanced grid capabilities and strategies2 and 7,b7 to provide technical assistance1 tools1 or other related information necessary to enhance grid integration1 particularly in connection with the development at the ,state and local levels of strategic energy1 energy surety and assurance1 and emergency preparedness1 response1 and restoration planning2 7#h7 the deployment of information and communications technologies at all levels of the electric system2 7#i7 opportunities to provide consumers with timely information and advanced control options2 7#aj7 sophisticated or advanced control options to integrate distributed energy resources and associated ancillary services2 7#aa7 open-source communications1 database architectures1 and common information model standards1 guidelines1 and protocols that enable interoperability to maximize efficiency gains and associated benefits among-- 7,a7 the grid2 7,b7 energy and building management systems2 and 7,c7 residential1 commercial1 and industrial equipment2 7#ab7 private sector investment in the energy delivery infrastructure of the ,united ,states through targeted demonstration and validation of advanced grid technologies2 and 7#ac7 establishment of common valuation methods and tools for cost-benefit analysis of grid integration paradigms4 #aaac4 ,grid resilience report ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,congress a report on methods to increase electric grid resilience with respect to all threats1 including cyber attacks1 vandalism1 terrorism1 and severe weather4 #aaad4 ,,gao report on improving ,national ,response ,center ,the ,comptroller ,general of the ,united ,states shall conduct a study of ways in which the capabilities of the ,national ,response ,center could be improved4 #aaae4 ,designation of ,national ,energy ,security ,corridors on ,federal lands 7a7 ,in general ,section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 by striking 7b77#a7 ,for the purposes of this section ,federal lands means and inserting the following3 7b7 7#a7 ,for the purposes of this section ,federal lands-- 7,a7 except as provided in subparagraph 7,b71 means 2 7,b7 by striking the period at the end of paragraph 7#a7 and inserting 2 and and by adding at the end of paragraph 7#a7 the following3 7,b7 for purposes of granting an application for a natural gas pipeline right-of-way1 means all lands owned by the ,united ,states except-- 7i7 such lands held in trust for an ,indian or ,indian tribe2 and 7ii7 lands on the ,outer ,continental ,shelf4 4 7#b7 ,by redesignating subsection 7b71 as so amended1 as subsection 7z71 and transferring such subsection to appear after subsection 7y7 of that section4 7#c7 ,by inserting after subsection 7a7 the following3 7b7 ,national ,energy ,security ,corridors 7#a7 ,designation ,in addition to other authorities under this section1 the ,secretary shall-- 7,a7 identify and designate suitable ,federal lands as ,national ,energy ,security ,corridors 7in this subsection referred to as a ,corridor71 which shall be used for construction1 operation1 and maintenance of natural gas transmission facilities2 and 7,b7 incorporate such ,corridors upon designation into the relevant agency land use and resource management plans or equivalent plans4 7#b7 ,considerations ,in evaluating ,federal lands for designation as a ,national ,energy ,security ,corridor1 the ,secretary shall-- 7,a7 employ the principle of multiple use to ensure route decisions balance national energy security needs with existing land use principles2 7,b7 seek input from other ,federal counterparts1 ,state1 local1 and tribal governments1 and affected utility and pipeline industries to determine the best suitable1 most cost-effective1 and commercially viable acreage for natural gas transmission facilities2 7,c7 focus on transmission routes that improve domestic energy security through increasing reliability1 relieving congestion1 reducing natural gas prices1 and meeting growing demand for natural gas2 and 7,d7 take into account technological innovations that reduce the need for surface disturbance4 7#c7 ,procedures ,the ,secretary shall establish procedures to expedite and approve applications for rights-of-way for natural gas pipelines across ,national ,energy ,security ,corridors1 that-- 7,a7 ensure a transparent process for review of applications for rights-of-way on such corridors2 7,b7 require an approval time of not more than #a year after the date of receipt of an application for a right-of-way2 and 7,c7 require1 upon receipt of such an application1 notice to the applicant of a predictable timeline for consideration of the application1 that clearly delineates important milestones in the process of such consideration4 7#d7 ,state input 7,a7 ,requests authorized ,the ,governor of a ,state may submit requests to the ,secretary of the ,interior to designate ,corridors on ,federal land in that ,state4 7,b7 ,consideration of requests ,after receiving such a request1 the ,secretary shall respond in writing1 within #cj days-- 7i7 acknowledging receipt of the request2 and 7ii7 setting forth a timeline in which the ,secretary shall grant1 deny1 or modify such request and state the reasons for doing so4 7#e7 ,spatial distribution of corridors ,in implementing this subsection1 the ,secretary shall coordinate with other ,federal ,departments to-- 7,a7 minimize the proliferation of duplicative natural gas pipeline rights-of-way on ,federal lands where feasible2 7,b7 ensure ,corridors can connect effectively across ,federal lands2 and 7,c7 utilize input from utility and pipeline industries submitting applications for rights-of-way to site corridors in economically feasible areas that reduce impacts1 to the extent practicable1 on local communities4 7#f7 ,not a major ,federal action ,designation of a ,corridor under this subsection1 and incorporation of ,corridors into agency plans under paragraph 7#a77;,b71 shall not be treated as a major ,federal action for purpose of section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7#g7 ,no limit on number or length of ,corridors ,nothing in this subsection limits the number or physical dimensions of ,corridors that the ,secretary may designate under this subsection4 7#h7 ,other authority not affected ,nothing in this subsection affects the authority of the ,secretary to issue rights-of-way on ,federal land that is not located in a ,corridor designated under this subsection4 7#i7 ,,nepa clarification ,all applications for rights-of-way for natural gas transmission facilities across ,corridors designated under this subsection shall be subject to the environmental protections outlined in subsection 7h74 4 7b7 ,applications received before designation of ,corridors ,any application for a right-of-way under section #bh of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 that is received by the ,secretary of the ,interior before designation of ,national ,energy ,security ,corridors under the amendment made by subsection 7a7 of this section shall be reviewed and acted upon independently by the ,secretary without regard to the process for such designation4 7c7 ,deadline ,within #b years after the date of the enactment of this ,act1 the ,secretary of the ,interior shall designate at least #aj ,national ,energy ,security ,corridors under the amendment made by subsection 7a7 in ,states referred to in section #cfh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeibf7;b774 #aaaf4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal lands containing electric transmission and distribution facilities 7a7 ,in general ,title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq47 is amended by adding at the end the following new section3 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way 7a7 ,general direction ,in order to enhance the reliability of the electric grid and reduce the threat of wildfires to and from electric transmission and distribution rights-of-way and related facilities and adjacent property1 the ,secretary1 with respect to public lands and other lands under the jurisdiction of the ,secretary1 and the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands1 shall provide direction to ensure that all existing and future rights-of-way1 however established 7including by grant1 special use authorization1 and easement71 for electric transmission and distribution facilities on such lands include provisions for utility vegetation management1 facility inspection1 and operation and maintenance activities that1 while consistent with applicable law-- 7#a7 are developed in consultation with the holder of the right-of-way2 7#b7 enable the owner or operator of an electric transmission and distribution facility to operate and maintain the facility in good working order and to comply with ,federal1 ,state1 and local electric system reliability and fire safety requirements1 including reliability standards established by the ,north ,american ,electric ,reliability ,corporation and plans to meet such reliability standards2 7#c7 minimize the need for case-by-case or annual approvals for-- 7,a7 routine vegetation management1 facility inspection1 and operation and maintenance activities within existing electric transmission and distribution rights-of-way2 and 7,b7 utility vegetation management activities that are necessary to control hazard trees within or adjacent to electric transmission and distribution rights-of-way2 and 7#d7 when review is required1 provide for expedited review and approval of utility vegetation management1 facility inspection1 and operation and maintenance activities1 especially activities requiring prompt action to avoid an adverse impact on human safety or electric reliability to avoid fire hazards4 7b7 ,vegetation management1 facility inspection1 and operation and maintenance plans 7#a7 ,development and submission ,consistent with subsection 7a71 the ,secretary and the ,secretary of ,agriculture shall provide owners and operators of electric transmission and distribution facilities located on lands described in such subsection with the option to develop and submit a vegetation management1 facility inspection1 and operation and maintenance plan1 that at each owner or operator's discretion may cover some or all of the owner or operator's electric transmission and distribution rights-of-way on ,federal lands1 for approval to the ,secretary with jurisdiction over the lands4 ,a plan under this paragraph shall enable the owner or operator of an electric transmission and distribution facility1 at a minimum1 to comply with applicable ,federal1 ,state1 and local electric system reliability and fire safety requirements1 as provided in subsection 7a77#b74 ,the ,secretaries shall not have the authority to modify those requirements4 7#b7 ,review and approval process ,the ,secretary and the ,secretary of ,agriculture shall jointly develop a consolidated and coordinated process for review and approval of-- 7,a7 vegetation management1 facility inspection1 and operation and maintenance plans submitted under paragraph 7#a7 that-- 7i7 assures prompt review and approval not to exceed #ij days2 7ii7 includes timelines and benchmarks for agency comments on submitted plans and final approval of such plans2 7iii7 is consistent with applicable law2 and 7iv7 minimizes the costs of the process to the reviewing agency and the entity submitting the plans2 and 7,b7 amendments to the plans in a prompt manner if changed conditions necessitate a modification to a plan4 7#c7 ,notification ,the review and approval process under paragraph 7#b7 shall-- 7,a7 include notification by the agency of any changed conditions that warrant a modification to a plan2 7,b7 provide an opportunity for the owner or operator to submit a proposed plan amendment to address directly the changed condition2 and 7,c7 allow the owner or operator to continue to implement those elements of the approved plan that do not directly and adversely affect the condition precipitating the need for modification4 7#d7 ,categorical exclusion process ,the ,secretary and the ,secretary of ,agriculture shall apply his or her categorical exclusion process under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to plans developed under this subsection on existing electric transmission and distribution rights-of-way under this subsection4 7#e7 ,implementation ,a plan approved under this subsection shall become part of the authorization governing the covered right-of-way and hazard trees adjacent to the right-of-way4 ,if a vegetation management plan is proposed for an existing electric transmission and distribution facility concurrent with the siting of a new electric transmission or distribution facility1 necessary reviews shall be completed as part of the siting process or sooner4 ,once the plan is approved1 the owner or operator shall provide the agency with only a notification of activities anticipated to be undertaken in the coming year1 a description of those activities1 and certification that the activities are in accordance with the plan4 7c7 ,response to emergency conditions ,if vegetation on ,federal lands within1 or hazard trees on ,federal lands adjacent to1 an electric transmission or distribution right-of-way granted by the ,secretary or the ,secretary of ,agriculture has contacted or is in imminent danger of contacting one or more electric transmission or distribution lines1 the owner or operator of the electric transmission or distribution lines-- 7#a7 may prune or remove the vegetation to avoid the disruption of electric service and risk of fire2 and 7#b7 shall notify the appropriate local agent of the relevant ,secretary not later than #bd hours after such removal4 7d7 ,compliance with applicable reliability and safety standards ,if vegetation on ,federal lands within or adjacent to an electric transmission or distribution right-of-way under the jurisdiction of each ,secretary does not meet clearance requirements under standards established by the ,north ,american ,electric ,reliability ,corporation1 or by ,state and local authorities1 and the ,secretary having jurisdiction over the lands has failed to act to allow an electric transmission or distribution facility owner or operator to conduct vegetation management activities within #c business days after receiving a request to allow such activities1 the owner or operator may1 after notifying the ,secretary1 conduct such vegetation management activities to meet those clearance requirements4 7e7 ,reporting requirement ,the ,secretary or ,secretary of ,agriculture shall report requests and actions made under subsections 7c7 and 7d7 annually on each ,secretary's website4 7f7 ,liability ,an owner or operator of an electric transmission or distribution facility shall not be held liable for wildfire damage1 loss1 or injury1 including the cost of fire suppression1 if-- 7#a7 the ,secretary or the ,secretary of ,agriculture fails to allow the owner or operator to operate consistently with an approved vegetation management1 facility inspection1 and operation and maintenance plan on ,federal lands under the relevant ,secretary's jurisdiction within or adjacent to a right-of-way to comply with ,federal1 ,state1 or local electric system reliability and fire safety standards1 including standards established by the ,north ,american ,electric ,reliability ,corporation2 or 7#b7 the ,secretary or the ,secretary of ,agriculture fails to allow the owner or operator of the electric transmission or distribution facility to perform appropriate vegetation management activities in response to an identified hazard tree1 or a tree in imminent danger of contacting the owner's or operator's electric transmission or distribution facility4 7g7 ,training and guidance ,in consultation with the electric utility industry1 the ,secretary and the ,secretary of ,agriculture are encouraged to develop a program to train personnel of the ,department of the ,interior and the ,forest ,service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that such personnel-- 7#a7 understand electric system reliability and fire safety requirements1 including reliability standards established by the ,north ,american ,electric ,reliability ,corporation2 7#b7 assist owners and operators of electric transmission and distribution facilities to comply with applicable electric reliability and fire safety requirements2 and 7#c7 encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife so long as the practices are compatible with the integrated vegetation management practices necessary for reliability and safety4 7h7 ,implementation ,the ,secretary and the ,secretary of ,agriculture shall-- 7#a7 not later than one year after the date of the enactment of this section1 propose regulations1 or amended existing regulations1 to implement this section2 and 7#b7 not later than two years after the date of the enactment of this section1 finalize regulations1 or amended existing regulations1 to implement this section4 7i7 ,existing vegetation management1 facility inspection1 and operation and maintenance plans ,nothing in this section requires an owner or operator to develop and submit a vegetation management1 facility inspection1 and operation and maintenance plan if one has already been approved by the ,secretary or ,secretary of ,agriculture before the date of the enactment of this section4 7j7 ,definitions ,in this section3 7#a7 ,hazard tree ,the term hazard tree means any tree inside the right-of-way or located outside the right-of-way that has been found by the either the owner or operator of an electric transmission or distribution facility1 or the ,secretary or the ,secretary of ,agriculture1 to be likely to fail and cause a high risk of injury1 damage1 or disruption within #aj feet of an electric power line or related structure if it fell4 7#b7 ,owner or ,operator ,the terms owner and operator include contractors or other agents engaged by the owner or operator of an electric transmission and distribution facility4 7#c7 ,vegetation management1 facility inspection1 and operation and maintenance plan ,the term vegetation management1 facility inspection1 and operation and maintenance plan means a plan that-- 7,a7 is prepared by the owner or operator of one or more electric transmission or distribution facilities to cover one or more electric transmission and distribution rights-of-way2 and 7,b7 provides for the long-term1 cost-effective1 efficient1 and timely management of facilities and vegetation within the width of the right-of-way and adjacent ,federal lands to enhance electric reliability1 promote public safety1 and avoid fire hazards4 4 7b7 ,clerical amendment ,the table of sections for the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq471 is amended by inserting after the item relating to section #eaa the following new item3 ,sec4 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way4 4 ,b ,hydropower ,regulatory ,modernization #abja4 ,protection of private property rights in hydropower licensing 7a7 ,licences ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended-- 7#a7 by striking and after recreational opportunities12 and 7#b7 by inserting 1 and minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after aspects of environmental quality4 7b7 ,private landownership ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended-- 7#a7 in subsection 7a77#a71 by inserting 1 including minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after section #d7;e72 and 7#b7 by adding at the end the following3 7k7 ,private landownership ,in developing any recreational resource within the project boundary1 the licensee shall consider private landownership as a means to encourage and facilitate-- 7#a7 private investment2 and 7#b7 increased tourism and recreational use4 4 #abjb4 ,extension of time for ,,ferc project involving ,w4 ,kerr ,scott ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abfdb1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to #c consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 #abjc4 ,hydropower licensing and process improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,hydropower licensing and process improvements 7a7 ,definition ,in this section1 the term ,federal authorization-- 7#a7 means any authorization required under ,federal law with respect to an application for a license1 license amendment1 or exemption under this part2 and 7#b7 includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law to approve or implement the license1 license amendment1 or exemption under this part4 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of coordinating all applicable ,federal authorizations and for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,other agencies and ,indian tribes 7,a7 ,in general ,each ,federal1 ,state1 and local government agency and ,indian tribe considering an aspect of an application for ,federal authorization shall coordinate with the ,commission and comply with the deadline established in the schedule developed for the project in accordance with the rule issued by the ,commission under subsection 7c74 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by the applicant of a project or facility requiring ,commission action under this part1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for a ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency and ,indian tribe identified under subparagraph 7,b7 of the opportunity to participate in the process of reviewing an aspect of an application for a ,federal authorization4 7ii7 ,deadline ,each agency and ,indian tribe receiving a notice under clause 7i7 shall submit a response acknowledging receipt of the notice to the ,commission within #cj days of receipt of such notice and request4 7,d7 ,issue ,identification and ,resolution 7i7 ,identification of issues ,federal1 ,state1 and local government agencies and ,indian tribes that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 and share with the ,commission and the applicant1 any issues of concern identified during the pendency of the ,commission's action under this part relating to any ,federal authorization that may delay or prevent the granting of such authorization1 including any issues that may prevent the agency or ,indian tribe from meeting the schedule established for the project in accordance with the rule issued by the ,commission under subsection 7c74 7ii7 ,issue resolution ,the ,commission may forward any issue of concern identified under clause 7i7 to the heads of the relevant ,state and ,federal agencies 7including1 in the case of scheduling concerns identified by a ,state or local government agency or ,indian tribe1 the ,federal agency overseeing the delegated authority1 or the ,secretary of the ,interior with regard to scheduling concerns identified by an ,indian tribe7 for resolution4 ,the ,commission and any relevant agency shall enter into a memorandum of understanding to facilitate interagency coordination and resolution of such issues of concern1 as appropriate4 7c7 ,schedule 7#a7 ,commission rulemaking to establish process to set schedule ,within #ahj days of the date of enactment of this section the ,commission shall1 in consultation with the appropriate ,federal agencies1 issue a rule1 after providing for notice and public comment1 establishing a process for setting a schedule following the filing of an application under this part for the review and disposition of each ,federal authorization4 7#b7 ,elements of scheduling rule ,in issuing a rule under this subsection1 the ,commission shall ensure that the schedule for each ,federal authorization-- 7,a7 includes deadlines for actions by-- 7i7 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the ,federal authorization2 7ii7 the applicant2 7iii7 the ,commission2 and 7iv7 other participants in a proceeding2 7,b7 is developed in consultation with the applicant and any agency and ,indian tribe that submits a response under subsection 7b77#b77;,c77ii72 7,c7 provides an opportunity for any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for the applicable ,federal authorization to identify and resolve issues of concern1 as provided in subsection 7b77#b77;,d72 7,d7 complies with applicable schedules established under ,federal and ,state law2 7,e7 ensures expeditious completion of all proceedings required under ,federal and ,state law1 to the extent practicable2 and 7,f7 facilitates completion of ,federal and ,state agency studies1 reviews1 and any other procedures required prior to1 or concurrent with1 the preparation of the ,commission's environmental document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7d7 ,transmission of ,final ,schedule 7#a7 ,in ,general ,for each application for a license1 license amendment1 or exemption under this part1 the ,commission shall establish a schedule in accordance with the rule issued by the ,commission under subsection 7c74 ,the ,commission shall publicly notice and transmit the final schedule to the applicant and each agency and ,indian tribe identified under subsection 7b77#b77;,b74 7#b7 ,response ,each agency and ,indian tribe receiving a schedule under this subsection shall acknowledge receipt of such schedule in writing to the ,commission within #cj days4 7e7 ,adherence to schedule ,all applicants1 other licensing participants1 and agencies and tribes considering an aspect of an application for a ,federal authorization shall meet the deadlines set forth in the schedule established pursuant to subsection 7d77#a74 7f7 ,application processing ,the ,commission1 ,federal1 ,state1 and local government agencies1 and ,indian tribes may allow an applicant seeking a ,federal authorization to fund a third-party contractor selected by such agency or tribe to assist in reviewing the application4 ,all costs of an agency or tribe incurred pursuant to direct funding by the applicant1 including all costs associated with the third party contractor1 shall not be considered costs of the ,united ,states for the administration of this part under section #aj7;e74 7g7 ,commission recommendation on scope of environmental review ,for the purposes of coordinating ,federal authorizations for each project1 the ,commission shall consult with and make a recommendation to agencies and ,indian tribes receiving a schedule under subsection 7d7 on the scope of the environmental review for all ,federal authorizations for such project4 ,each ,federal and ,state agency and ,indian tribe shall give due consideration and may give deference to the ,commission's recommendations1 to the extent appropriate under ,federal law4 7h7 ,failure ,to meet schedule ,a ,federal1 ,state1 or local government agency or ,indian tribe that anticipates that it will be unable to complete its disposition of a ,federal authorization by the deadline set forth in the schedule established under subsection 7d77#a7 may file for an extension as provided under section #cac7;b77#b74 7i7 ,consolidated record ,the ,commission shall1 with the cooperation of ,federal1 ,state1 and local government agencies and ,indian tribes1 maintain a complete consolidated record of all decisions made or actions taken by the ,commission or by a ,federal administrative agency or officer 7or ,state or local government agency or officer or ,indian tribe acting under delegated ,federal authority7 with respect to any ,federal authorization4 ,such record shall constitute the record for judicial review under section #cac7;b74 4 #abjd4 ,judicial review of delayed ,federal authorizations ,section #cac7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbel7b77 is amended-- 7#a7 by striking 7b7 ,any party and inserting the following3 7b7 ,judicial review 7#a7 ,in general ,any party 2 and 7#b7 by adding at the end the following3 7#b7 ,delay of a ,federal authorization ,any ,federal1 ,state1 or local government agency or ,indian tribe that will not complete its disposition of a ,federal authorization by the deadline set forth in the schedule by the ,commission under section #cd may file for an extension in the ,united ,states court of appeals for any circuit wherein the project or proposed project is located1 or in the ,united ,states ,court of ,appeals for the ,district of ,columbia4 ,such petition shall be filed not later than #cj days prior to such deadline4 ,the court shall only grant an extension if the agency or tribe demonstrates1 based on the record maintained under section #cd1 that it otherwise complied with the requirements of section #cd and that complying with the schedule set by the ,commission would have prevented the agency or tribe from complying with applicable ,federal or ,state law4 ,if the court grants the extension1 the court shall set a reasonable schedule and deadline1 not to exceed #ij days1 for the agency to act on remand4 ,if the court denies the extension1 or if an agency or tribe does not file for an extension as provided in this subsection and does not complete its disposition of a ,federal authorization by the applicable deadline1 the ,commission and applicant may move forward with the proposed action4 4 #abje4 ,licensing study improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjc1 is further amended by adding at the end the following3 #ce4 ,licensing study improvements 7a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall1 in consultation with applicable ,federal and ,state agencies and interested members of the public-- 7#a7 compile current and accepted best practices in performing studies required in such license proceedings1 including methodologies and the design of studies to assess the full range of environmental impacts of a project that reflect the most recent peer-reviewed science2 7#b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this part2 and 7#c7 encourage license applicants1 agencies1 and ,indian tribes to develop and use1 for the purpose of fostering timely and efficient consideration of license applications1 a limited number of open-source methodologies and tools applicable across a wide array of projects1 including water balance models and streamflow analyses4 7b7 ,use of studies ,to the extent practicable1 the ,commission and other ,federal1 ,state1 and local government agencies and ,indian tribes considering an aspect of an application for ,federal authorization shall use current1 accepted science toward studies and data in support of their actions4 ,any participant in a proceeding with respect to a ,federal authorization shall demonstrate a study requested by the party is not duplicative of current1 existing studies that are applicable to the project4 7c7 ,basin-,wide or ,regional ,review ,the ,commission shall establish a program to develop comprehensive plans1 at the request of project applicants1 on a regional or basin-wide scale1 in consultation with the applicants1 appropriate ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 in basins or regions with respect to which there are more than one project or application for a project4 ,upon such a request1 the ,commission1 in consultation with the applicants1 such ,federal agencies1 and affected ,states1 local governments1 and ,indian tribes1 may conduct or commission regional or basin-wide environmental studies1 with the participation of at least #b applicants4 ,any study conducted under this subsection shall apply only to a project with respect to which the applicant participates4 4 #abjf4 ,closed-loop pumped storage projects ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abje1 is further amended by adding at the end the following3 #cf4 ,closed-loop pumped storage projects 7a7 ,definition ,for purposes of this section1 a closed-loop pumped storage project is a project-- 7#a7 in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters2 or 7#b7 that is not continuously connected to a naturally flowing water feature4 7b7 ,in general ,as provided in this section1 the ,commission may issue and amend licenses and preliminary permits1 as appropriate1 for closed-loop pumped storage projects4 7c7 ,dam safety ,before issuing any license for a closed-loop pumped storage project1 the ,commission shall assess the safety of existing dams and other structures related to the project 7including possible consequences associated with failure of such structures74 7d7 ,license conditions ,with respect to a closed-loop pumped storage project1 the authority of the ,commission to impose conditions on a license under sections #d7;e71 #aj7;a71 #aj7;g71 and #aj7;j7 shall not apply1 and any condition included in or applicable to a closed-loop pumped storage project licensed under this section1 including any condition or other requirement of a ,federal authorization1 shall be limited to those that are-- 7#a7 necessary to protect public safety2 or 7#b7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources directly caused by the construction and operation of the project1 as compared to the environmental baseline existing at the time the ,commission completes its environmental review4 7e7 ,transfers ,notwithstanding section #e1 and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project claimed municipal preference under section #g7;a7 when obtaining the permit1 the ,commission may1 to facilitate development of a closed-loop pumped storage project-- 7#a7 add entities as joint permittees following issuance of a preliminary permit2 and 7#b7 transfer a license in part to one or more nonmunicipal entities as co-licensees with a municipality4 4 #abjg4 ,license amendment improvements ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjf1 is further amended by adding at the end the following3 #cg4 ,license amendment improvements 7a7 ,qualifying project upgrades 7#a7 ,in general ,as provided in this section1 the ,commission may approve an application for an amendment to a license issued under this part for a qualifying project upgrade4 7#b7 ,application ,a licensee filing an application for an amendment to a project license under this section shall include in such application information sufficient to demonstrate that the proposed change to the project described in the application is a qualifying project upgrade4 7#c7 ,initial determination ,not later than #ae days after receipt of an application under paragraph 7#b71 the ,commission shall make an initial determination as to whether the proposed change to the project described in the application for a license amendment is a qualifying project upgrade4 ,the ,commission shall publish its initial determination and issue notice of the application filed under paragraph 7#b74 ,such notice shall solicit public comment on the initial determination within #de days4 7#d7 ,public comment on qualifying criteria ,the ,commission shall accept public comment regarding whether a proposed license amendment is for a qualifying project upgrade for a period of #de days beginning on the date of publication of a public notice described in paragraph 7#c71 and shall-- 7,a7 if no entity contests whether the proposed license amendment is for a qualifying project upgrade during such comment period1 immediately publish a notice stating that the initial determination has not been contested2 or 7,b7 if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period1 issue a written determination in accordance with paragraph 7#e74 7#e7 ,written determination ,if an entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph 7#d71 the ,commission shall1 not later than #cj days after the date of publication of the public notice of the initial determination under paragraph 7#c71 issue a written determination as to whether the proposed license amendment is for a qualifying project upgrade4 7#f7 ,public comment on amendment application ,if no entity contests whether the proposed license amendment is for a qualifying project upgrade during the comment period under paragraph 7#d7 or the ,commission issues a written determination under paragraph 7#e7 that a proposed license amendment is a qualifying project upgrade1 the ,commission shall-- 7,a7 during the #fj-;day period beginning on the date of publication of a notice under paragraph 7#d77;,a7 or the date on which the ,commission issues the written determination under paragraph 7#e71 as applicable1 solicit comments from each ,federal1 ,state1 and local government agency and ,indian tribe considering an aspect of an application for ,federal authorization 7as defined in section #cd7 with respect to the proposed license amendment1 as well as other interested agencies1 ,indian tribes1 and members of the public2 and 7,b7 during the #ij-;day period beginning on the date of publication of a notice under paragraph 7#d77;,a7 or the date on which the ,commission issues the written determination under paragraph 7#e71 as applicable1 consult with-- 7i7 appropriate ,federal agencies and the ,state agency exercising administrative control over the fish and wildlife resources1 and water quality and supply1 of the ,state in which the qualifying project upgrade is located2 7ii7 any ,federal department supervising any public lands or reservations occupied by the qualifying project upgrade2 and 7iii7 any ,indian tribe affected by the qualifying project upgrade4 7#g7 ,federal authorizations ,the schedule established by the ,commission under section #cd for any project upgrade under this subsection shall require final disposition on all necessary ,federal authorizations 7as defined in section #cd71 other than final action by the ,commission1 by not later than #abj days after the date on which the ,commission issues a notice under paragraph 7#d77;,a7 or a written determination under paragraph 7#e71 as applicable4 7#h7 ,commission action ,not later than #aej days after the date on which the ,commission issues a notice under paragraph 7#d77;,a7 or a written determination under paragraph 7#e71 as applicable1 the ,commission shall take final action on the license amendment application4 7#i7 ,license amendment conditions ,any condition included in or applicable to a license amendment approved under this subsection1 including any condition or other requirement of a ,federal authorization1 shall be limited to those that are-- 7,a7 necessary to protect public safety2 or 7,b7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources1 water supply1 and water quality that are directly caused by the construction and operation of the qualifying project upgrade1 as compared to the environmental baseline existing at the time the ,commission approves the application for the license amendment4 7#aj7 ,proposed license amendments that are not qualifying project upgrades ,if the ,commission determines under paragraph 7#c7 or 7#e7 that a proposed license amendment is not for a qualifying project upgrade1 the procedures under paragraphs 7#f7 through 7#i7 shall not apply to the application4 7#aa7 ,rulemaking ,not later than #ahj days after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule to implement this subsection4 7#ab7 ,definitions ,for purposes of this subsection3 7,a7 ,qualifying project upgrade ,the term qualifying project upgrade means a change to a project licensed under this part that meets the qualifying criteria1 as determined by the ,commission4 7,b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a project license under this part1 a change to the project that-- 7i7 if carried out1 would be unlikely to adversely affect any species listed as threatened or endangered under the ,endangered ,species ,act of #aigc or result in the destruction or adverse modification of critical habitat1 as determined in consultation with the ,secretary of the ,interior or ,secretary of ,commerce1 as appropriate1 in accordance with section #g of the ,endangered ,species ,act of #aigc2 7ii7 is consistent with any applicable comprehensive plan under section #aj7;a77#b72 7iii7 includes only changes to project lands1 waters1 or operations that1 in the judgment of the ,commission1 would result in only insignificant or minimal cumulative adverse environmental effects2 7iv7 would be unlikely to adversely affect water quality and water supply2 and 7v7 proposes to implement-- 7,i7 capacity increases1 efficiency improvements1 or other enhancements to hydropower generation at the licensed project2 7,,ii7 environmental protection1 mitigation1 or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources2 or 7,,iii7 improvements to public recreation at the licensed project4 7b7 ,amendment approval processes 7#a7 ,rule ,not later than #a year after the date of enactment of this section1 the ,commission shall1 after notice and opportunity for public comment1 issue a rule establishing new standards and procedures for license amendment applications under this part4 ,in issuing such rule1 the ,commission shall seek to develop the most efficient and expedient process1 consultation1 and review requirements1 commensurate with the scope of different categories of proposed license amendments4 ,such rule shall account for differences in environmental effects across a wide range of categories of license amendment applications4 7#b7 ,capacity ,in issuing a rule under this subsection1 the ,commission shall take into consideration that a change in generating or hydraulic capacity may indicate the potential environmental effects of a proposed amendment but is not determinative of such effects4 7#c7 ,process options ,in issuing a rule under this subsection1 the ,commission shall take into consideration the range of process options available under the ,commission's regulations for new and original license applications and adapt such options to amendment applications1 where appropriate4 4 #abjh4 ,promoting hydropower development at existing nonpowered dams ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq471 as amended by section #abjg1 is further amended by adding at the end the following3 #ch4 ,promoting hydropower development at existing nonpowered dams 7a7 ,exemptions for qualifying facilities 7#a7 ,exemption qualifications ,subject to the requirements of this subsection1 the ,commission may grant an exemption in whole or in part from the requirements of this part1 including any license requirements contained in this part1 to any facility the ,commission determines is a qualifying facility4 7#b7 ,consultation with ,federal and ,state agencies ,in granting any exemption under this subsection1 the ,commission shall consult with-- 7,a7 the ,united ,states ,fish and ,wildlife ,service1 the ,national ,marine ,fisheries ,service1 and the ,state agency exercising administrative control over the fish and wildlife resources of the ,state in which the facility will be located1 in the manner provided by the ,fish and ,wildlife ,coordination ,act2 7,b7 any ,federal department supervising any public lands or reservations occupied by the project2 and 7,c7 any ,indian tribe affected by the project4 7#c7 ,exemption conditions 7,a7 ,in general ,the ,commission shall include in any exemption granted under this subsection only such terms and conditions that the ,commission determines are-- 7i7 necessary to protect public safety2 or 7ii7 reasonable1 economically feasible1 and essential to prevent loss of or damage to1 or to mitigate adverse effects on1 fish and wildlife resources directly caused by the construction and operation of the qualifying facility1 as compared to the environmental baseline existing at the time the ,commission grants the exemption4 7,b7 ,no changes to release regime ,no ,federal authorization required with respect to a qualifying facility described in paragraph 7#a71 including an exemption granted by the ,commission under this subsection1 may include any condition or other requirement that results in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#d7 ,environmental review ,the ,commission's environmental review under the ,national ,environmental ,policy ,act of #aifi of a proposed exemption under this subsection shall consist only of an environmental assessment1 unless the ,commission determines1 by rule or order1 that the ,commission's obligations under such ,act for granting exemptions under this subsection can be met through a categorical exclusion4 7#e7 ,violation of terms of exemption ,any violation of a term or condition of any exemption granted under this subsection shall be treated as a violation of a rule or order of the ,commission under this ,act4 7#f7 ,annual charges for enhancement activities ,exemptees under this subsection for any facility located at a non-,federal dam shall pay to the ,united ,states reasonable annual charges in an amount to be fixed by the ,commission for the purpose of funding environmental enhancement projects in watersheds in which facilities exempted under this subsection are located4 ,such annual charges shall be equivalent to the annual charges for use of a ,government dam under section #aj7;e71 unless the ,commission determines1 by rule1 that a lower charge is appropriate to protect exemptees' investment in the project or avoid increasing the price to consumers of power due to such charges4 ,the proceeds of charges made by the ,commission under this paragraph shall be paid into the ,treasury of the ,united ,states and credited to miscellaneous receipts4 ,subject to annual appropriation ,acts1 such proceeds shall be available to ,federal and ,state fish and wildlife agencies for purposes of carrying out specific environmental enhancement projects in watersheds in which one or more facilities exempted under this subsection are located4 ,not later than #ahj days after the date of enactment of this section1 the ,commission shall establish rules1 after notice and opportunity for public comment1 for the collection and administration of annual charges under this paragraph4 7#g7 ,effect of jurisdiction ,the jurisdiction of the ,commission over any qualifying facility exempted under this subsection shall extend only to the qualifying facility exempted and any associated primary transmission line1 and shall not extend to any conduit1 dam1 impoundment1 shoreline or other land1 or any other project work associated with the qualifying facility exempted under this subsection4 7b7 ,definitions ,for purposes of this section-- 7#a7 ,federal authorization ,the term ,federal authorization has the same meaning as provided in section #cd4 7#b7 ,qualifying criteria ,the term qualifying criteria means1 with respect to a facility-- 7,a7 as of the date of enactment of this section1 the facility is not licensed under1 or exempted from the license requirements contained in1 this part2 7,b7 the facility will be associated with a qualifying nonpowered dam2 7,c7 the facility will be constructed1 operated1 and maintained for the generation of electric power2 7,d7 the facility will use for such generation any withdrawals1 diversions1 releases1 or flows from the associated qualifying nonpowered dam1 including its associated impoundment or other infrastructure2 and 7,e7 the operation of the facility will not result in any material change to the storage1 control1 withdrawal1 diversion1 release1 or flow operations of the associated qualifying nonpowered dam4 7#c7 ,qualifying facility ,the term qualifying facility means a facility that is determined under this section to meet the qualifying criteria4 7#d7 ,qualifying nonpowered dam ,the term qualifying nonpowered dam means any dam1 dike1 embankment1 or other barrier-- 7,a7 the construction of which was completed on or before the date of enactment of this section2 7,b7 that is operated for the control1 release1 or distribution of water for agricultural1 municipal1 navigational1 industrial1 commercial1 environmental1 recreational1 aesthetic1 or flood control purposes2 7,c7 that1 as of the date of enactment of this section1 is not equipped with hydropower generating works that are licensed under1 or exempted from the license requirements contained in1 this part2 and 7,d7 that1 in the case of a non-,federal dam1 has been certified by an independent consultant approved by the ,commission as complying with the ,commission's dam safety requirements4 4 ,,ii ,energy ,security and ,diplomacy #bjja4 ,sense of ,congress ,congress finds the following3 7#a7 ,north ,america's energy revolution has significantly enhanced energy security in the ,united ,states1 and fundamentally changed the ,nation's energy future from that of scarcity to abundance4 7#b7 ,north ,america's energy abundance has increased global energy supplies and reduced the price of energy for consumers in the ,united ,states and abroad4 7#c7 ,allies and trading partners of the ,united ,states1 including in ,europe and ,asia1 are seeking stable and affordable energy supplies from ,north ,america to enhance their energy security4 7#d7 ,the ,united ,states has an opportunity to improve its energy security and promote greater stability and affordability of energy supplies for its allies and trading partners through a more integrated1 secure1 and competitive ,north ,american energy system4 7#e7 ,the ,united ,states also has an opportunity to promote such objectives by supporting the free flow of energy commodities and more open1 transparent1 and competitive global energy markets1 and through greater ,federal agency coordination relating to regulations or agency actions that significantly affect the supply1 distribution1 or use of energy4 #bjjb4 ,energy security valuation 7a7 ,establishment of ,energy ,security ,valuation ,methods ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit1 after public notice and comment1 to the ,committee on ,energy and ,commerce1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,foreign ,relations of the ,senate a report that develops recommended ,united ,states energy security valuation methods4 ,in developing the report1 the ,secretaries may consider the recommendations of the ,administration's ,quadrennial ,energy ,review released on ,april #ba1 #bjae4 ,the report shall-- 7#a7 evaluate and define ,united ,states energy security to reflect modern domestic and global energy markets and the collective needs of the ,united ,states and its allies and partners2 7#b7 identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that significantly affect the supply1 distribution1 transportation1 or use of energy are evaluated with respect to their potential impact on energy security1 including their impact on-- 7,a7 consumers and the economy2 7,b7 energy supply diversity and resiliency2 7,c7 well-functioning and competitive energy markets2 7,d7 ,united ,states trade balance2 and 7,e7 national security objectives2 and 7#c7 include a recommended implementation strategy that identifies and aims to ensure that the procedures and criteria referred to in paragraph 7#b7 are-- 7,a7 evaluated consistently across the ,federal ,government2 and 7,b7 weighed appropriately and balanced with environmental considerations required by ,federal law4 7b7 ,participation ,in developing the report referred to in subsection 7a71 the ,secretaries may consult with relevant ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #bjjc4 ,north ,american energy security plan 7a7 ,requirement ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit to the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate the plan described in subsection 7b74 7b7 ,purpose ,the plan referred to in subsection 7a7 shall include-- 7#a7 a recommended framework and implementation strategy to-- 7,a7 improve planning and coordination with ,canada and ,mexico to enhance energy integration1 strengthen ,north ,american energy security1 and promote efficiencies in the exploration1 production1 storage1 supply1 distribution1 marketing1 pricing1 and regulation of ,north ,american energy resources2 and 7,b7 address-- 7i7 ,north ,american energy public data1 statistics1 and mapping collaboration2 7ii7 responsible and sustainable best practices for the development of unconventional oil and natural gas2 and 7iii7 modern1 resilient energy infrastructure for ,north ,america1 including physical infrastructure as well as institutional infrastructure such as policies1 regulations1 and practices relating to energy development2 and 7#b7 a recommended framework and implementation strategy to improve collaboration with ,caribbean and ,central ,american partners on energy security1 including actions to support-- 7,a7 more open1 transparent1 and competitive energy markets2 7,b7 regulatory capacity building2 7,c7 improvements to energy transmission and storage2 and 7,d7 improvements to the performance of energy infrastructure and efficiency4 7c7 ,participation ,in developing the plan referred to in subsection 7a71 the ,secretaries may consult with other ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #bjjd4 ,collective energy security 7a7 ,in general ,the ,secretary of ,energy and the ,secretary of ,state shall collaborate to strengthen domestic energy security and the energy security of the allies and trading partners of the ,united ,states1 including through actions that support or facilitate-- 7#a7 energy diplomacy2 7#b7 the delivery of ,united ,states assistance1 including energy resources and technologies1 to prevent or mitigate an energy security crisis2 7#c7 the development of environmentally and commercially sustainable energy resources2 7#d7 open1 transparent1 and competitive energy markets2 and 7#e7 regulatory capacity building4 7b7 ,energy ,security ,forums ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall convene not less than #b forums to promote the collective energy security of the ,united ,states and its allies and trading partners4 ,the forums shall include participation by the ,secretary of ,energy and the ,secretary of ,state4 ,in addition1 an invitation shall be extended to-- 7#a7 appropriate representatives of foreign governments that are allies or trading partners of the ,united ,states2 and 7#b7 independent experts and industry representatives4 7c7 ,requirements ,the forums shall-- 7#a7 consist of at least #a ,trans-,atlantic and #a ,trans-,pacific energy security forum2 7#b7 be designed to foster dialogue among government officials1 independent experts1 and industry representatives regarding-- 7,a7 the current state of global energy markets2 7,b7 trade and investment issues relevant to energy2 and 7,c7 barriers to more open1 competitive1 and transparent energy markets2 and 7#c7 be recorded and made publicly available on the ,department of ,energy's website1 including1 not later than #cj days after each forum1 publication on the website any significant outcomes4 7d7 ,notification ,at least #cj days before each of the forums referred to in subsection 7b71 the ,secretary of ,energy shall send a notification regarding the forum to-- 7#a7 the chair and the ranking minority member of the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#b7 the chair and ranking minority member of the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate4 #bjje4 ,authorization to export natural gas 7a7 ,decision deadline ,for proposals that must also obtain authorization from the ,federal ,energy ,regulatory ,commission or the ,united ,states ,maritime ,administration to site1 construct1 expand1 or operate ,,lng export facilities1 the ,department of ,energy shall issue a final decision on any application for the authorization to export natural gas under section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 not later than #cj days after the later of-- 7#a7 the conclusion of the review to site1 construct1 expand1 or operate the ,,lng facilities required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7#b7 the date of enactment of this ,act4 7b7 ,conclusion of review ,for purposes of subsection 7a71 review required by the ,national ,environmental ,policy ,act of #aifi shall be considered concluded-- 7#a7 for a project requiring an ,environmental ,impact ,statement1 #cj days after publication of a ,final ,environmental ,impact ,statement2 7#b7 for a project for which an ,environmental ,assessment has been prepared1 #cj days after publication by the ,department of ,energy of a ,finding of ,no ,significant ,impact2 and 7#c7 upon a determination by the lead agency that an application is eligible for a categorical exclusion pursuant to ,national ,environmental ,policy ,act of #aifi implementing regulations4 7c7 ,public disclosure of export destinations ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,public ,disclosure of ,,lng ,export ,destinations ,as a condition for approval of any authorization to export ,,lng1 the ,secretary of ,energy shall require the applicant to publicly disclose the specific destination or destinations of any such authorized ,,lng exports4 4 #bjjf4 ,environmental review for energy export facilities ,notwithstanding any other provision of law1 including any other provision of this ,act and any amendment made by this ,act1 to the extent that the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies to the issuance of a permit for the construction1 operation1 or maintenance of a facility for the export of bulk commodities1 no such permit may be denied until each applicable ,federal agency has completed all reviews required for the facility under such ,act4 #bjjg4 ,authorization of cross-border infrastructure projects 7a7 ,finding ,congress finds that the ,united ,states should establish a more uniform1 transparent1 and modern process for the construction1 connection1 operation1 and maintenance of pipelines and electric transmission facilities for the import and export of liquid products1 including water and petroleum1 and natural gas and the transmission of electricity to and from ,canada and ,mexico4 7b7 ,authorization of certain infrastructure projects at the national boundary of the united states 7#a7 ,requirement ,no person may construct1 connect1 operate1 or maintain a cross-border segment of a pipeline or electric transmission facility for the import or export of liquid products or natural gas1 or the transmission of electricity1 to or from ,canada or ,mexico without obtaining a certificate of crossing for such construction1 connection1 operation1 or maintenance under this subsection4 7#b7 ,certificate of crossing 7,a7 ,issuance 7i7 ,in general ,not later than #abj days after final action is taken under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a cross-border segment described in paragraph 7#a71 the relevant official identified under subparagraph 7,b71 in consultation with appropriate ,federal agencies1 shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction1 connection1 operation1 or maintenance of the cross-border segment is not in the public interest of the ,united ,states4 7ii7 ,natural gas ,for the purposes of natural gas pipelines1 a finding with respect to the public interest under section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a77 shall serve as a finding under clause 7i7 of this subparagraph4 7,b7 ,relevant official ,the relevant official referred to in subparagraph 7,a7 is-- 7i7 the ,secretary of ,state with respect to liquid pipelines2 7ii7 the ,federal ,energy ,regulatory ,commission with respect to natural gas pipelines2 and 7iii7 the ,secretary of ,energy with respect to electric transmission facilities4 7,c7 ,additional requirement for electric transmission facilities ,the ,secretary of ,energy shall require1 as a condition of issuing a certificate of crossing for an electric transmission facility1 that the cross-border segment be constructed1 connected1 operated1 or maintained consistent with all applicable policies and standards of-- 7i7 the ,electric ,reliability ,organization and the applicable regional entity2 and 7ii7 any ,regional ,transmission ,organization or ,independent ,system ,operator with operational or functional control over the cross-border segment of the electric transmission facility4 7#c7 ,modifications to existing projects ,no certificate of crossing shall be required under this subsection for a change in ownership1 volume expansion1 downstream or upstream interconnection1 or adjustment to maintain flow 7such as a reduction or increase in the number of pump or compressor stations7 with respect to a liquid or natural gas pipeline or electric transmission facility unless such modification would result in a significant impact at the national boundary4 7#d7 ,effect of other laws ,nothing in this subsection shall affect the application of any other ,federal statute 7including the ,natural ,gas ,act and the ,energy ,policy and ,conservation ,act7 to a project for which a certificate of crossing is sought under this subsection4 7c7 ,importation or exportation of natural gas to ,canada and ,mexico ,section #c7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7c77 is amended by adding at the end the following3 ,in the case of an application for the importation or exportation of natural gas to or from ,canada or ,mexico1 the ,commission shall grant the application not later than #cj days after the date of receipt of the complete application44 7d7 ,transmission of electric energy to ,canada and ,mexico 7#a7 ,repeal of requirement to secure order ,section #bjb7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7e77 is repealed4 7#b7 ,conforming amendments 7,a7 ,state regulations ,section #bjb7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7f77 is amended by striking insofar as such ,state regulation does not conflict with the exercise of the ,commission's powers under or relating to subsection #bjb7;e74 7,b7 ,seasonal diversity electricity exchange ,section #fjb7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #hbd;a-#d7;b77 is amended by striking the ,commission has conducted hearings and made the findings required under section #bjb7;e7 of the ,federal ,power ,act and all that follows through the period at the end and inserting the ,secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the ,united ,states or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the ,secretary4 7e7 ,effective date2 rulemaking deadlines 7#a7 ,effective date ,subsections 7b7 through 7d71 and the amendments made by such subsections1 shall take effect on ,january #bj1 #bjag4 7#b7 ,rulemaking deadlines ,each relevant official described in subsection 7b77#b77;,b7 shall-- 7,a7 not later than #ahj days after the date of enactment of this ,act1 publish in the ,federal ,register notice of a proposed rulemaking to carry out the applicable requirements of subsection 7b72 and 7,b7 not later than #a year after the date of enactment of this ,act1 publish in the ,federal ,register a final rule to carry out the applicable requirements of subsection 7b74 7f7 ,definitions ,in this section-- 7#a7 the term cross-border segment means the portion of a liquid or natural gas pipeline or electric transmission facility that is located at the national boundary of the ,united ,states with either ,canada or ,mexico2 7#b7 the terms ,electric ,reliability ,organization and regional entity have the meanings given those terms in section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo72 7#c7 the terms ,independent ,system ,operator and ,regional ,transmission ,organization have the meanings given those terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif72 7#d7 the term liquid includes water1 petroleum1 petroleum product1 and any other substance that flows through a pipeline other than natural gas2 and 7#e7 the term natural gas has the meaning given that term in section #b of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;a74 #bjjh4 ,report on smart meter security concerns ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall transmit to ,congress a report on the weaknesses in currently available smart meters' security architecture and features1 including an absence of event logging1 as described in the ,government ,accountability ,office testimony entitled ,critical ,infrastructure ,protection3 ,cybersecurity of the ,nation's ,electricity ,grid ,requires ,continued ,attention on ,october #ba1 #bjae4 ,,iii ,energy ,efficiency and ,accountability ,a ,energy ,efficiency #a ,federal ,agency ,energy ,efficiency #caaa4 ,energy-efficient and energy-saving information technologies 7a7 ,amendment ,subtitle ,c of title ,v of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affa7 is amended by adding at the end the following3 #ecj4 ,energy-efficient and energy-saving information technologies 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this section1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7that includes best practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies1 taking into consideration the performance goals established under subsection 7d74 7c7 ,administration ,in developing an implementation strategy under subsection 7b71 each ,federal agency shall consider-- 7#a7 advanced metering infrastructure2 7#b7 energy-efficient data center strategies and methods of increasing asset and infrastructure utilization2 7#c7 advanced power management tools2 7#d7 building information modeling1 including building energy management2 7#e7 secure telework and travel substitution tools2 and 7#f7 mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization4 7d7 ,performance goals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology4 7#b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals1 which shall include ,federal agency consideration of1 to the extent applicable by law1 the use of-- 7,a7 energy savings performance contracting2 and 7,b7 utility energy services contracting4 7e7 ,reports 7#a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg a description of the efforts and results of the agency under this section4 7#b7 ,,omb government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjag1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh a description of the efforts and results of ,federal agencies under this section4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #ebi the following3 ,sec4 #ecj4 ,energy-efficient and energy-saving information technologies4 4 #caab4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b77#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 7#b7 by striking subsection 7b77#c72 and 7#c7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information available4 ,in such collaboration1 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7#a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 such as representatives of hardware manufacturers1 data center operators1 and facility managers2 7#b7 obtain and address input from ,department of ,energy ,national ,laboratories or any college1 university1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7#c7 follow-- 7,a7 commonly accepted procedures for the development of specifications2 and 7,b7 accredited standards development processes2 and 7#d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study ,the ,secretary1 in collaboration with the ,administrator1 shall1 not later than #ah months after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf1 make available to the public an update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency published on ,august #b1 #bjjg1 under section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj71 that provides-- 7#a7 a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from #bjjh through #bjae2 7#b7 an analysis considering the impact of information technologies1 including virtualization and cloud computing1 in the public and private sectors2 7#c7 an evaluation of the impact of the combination of cloud platforms1 mobile devices1 social media1 and big data on data center energy usage2 7#d7 an evaluation of water usage in data centers and recommendations for reductions in such water usage2 and 7#e7 updated projections and recommendations for best practices through fiscal year #bjbj4 7f7 ,data center energy practitioner program ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in ,federal data centers4 ,each ,federal agency shall consider having the data centers of the agency evaluated every #d years1 in accordance with section #edc7;f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec71 by energy practitioners certified pursuant to such program4 7g7 ,open data initiative ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall establish an open data initiative for ,federal data center energy usage data1 with the purpose of making such data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 ,in establishing the initiative1 the ,secretary shall consider the use of the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,protection of proprietary information ,the ,secretary and the ,administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section4 4 #caac4 ,report on energy and water savings potential from thermal insulation 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with appropriate ,federal agencies and relevant stakeholders1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the impact of thermal insulation on both energy and water use systems for potable hot and chilled water in ,federal buildings1 and the return on investment of installing such insulation4 7b7 ,contents ,the report shall include-- 7#a7 an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water2 and 7#b7 a summary of energy and water savings1 including short-term and long-term 7#bj years7 projections of such savings4 #caad4 ,battery storage report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall transmit to ,congress a report on the potential of battery energy storage that answers the following questions3 7#a7 ,how do existing ,federal standards impact the development and deployment of battery storage systems8 7#b7 ,what are the benefits of using existing battery storage technology1 and what challenges exist to their widespread use8 ,what are some examples of existing battery storage projects providing these benefits8 7#c7 ,what potential impact could large-scale battery storage and behind-the-meter battery storage have on renewable energy utilization8 7#d7 ,what is the potential of battery technology for grid-scale use nationwide8 ,what is the potential impact of battery technology on the national grid capabilities8 7#e7 ,how much economic activity associated with large-scale and behind-the-meter battery storage technology is located in the ,united ,states8 ,how many jobs do these industries account for8 7#f7 ,what policies other than the ,renewable ,energy ,investment ,tax ,credit have research and available data shown to promote renewable energy use and storage technology deployment by ,state and local governments or private end-users8 #caae4 ,federal purchase requirement 7a7 ,definitions ,section #bjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means electric energy1 or thermal energy if resulting from a thermal energy project placed in service after ,december #ca1 #bjad1 generated from1 or avoided by1 solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 municipal solid waste 7in accordance with subsection 7e771 qualified waste heat resource1 or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project4 7#c7 ,qualified waste heat resource ,the term qualified waste heat resource means-- 7,a7 exhaust heat or flared gas from any industrial process2 7,b7 waste gas or industrial tail gas that would otherwise be flared1 incinerated1 or vented2 7,c7 a pressure drop in any gas for an industrial or commercial process2 or 7,d7 such other forms of waste heat as the ,secretary determines appropriate4 4 7b7 ,paper recycling ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended by adding at the end the following3 7e7 ,paper recycling 7#a7 ,separate collection ,for purposes of this section1 any ,federal agency may consider electric energy generation purchased from a facility to be renewable energy if the municipal solid waste used by the facility to generate the electricity is-- 7,a7 separately collected 7within the meaning of section #bdf4aja7z7 of title #dj1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf7 from paper that is commonly recycled2 and 7,b7 processed in a way that keeps paper that is commonly recycled segregated from non-recyclable solid waste4 7#b7 ,incidental inclusion ,municipal solid waste used to generate electric energy that meets the conditions described in paragraph 7#a7 shall be considered renewable energy even if the municipal solid waste contains incidental commonly recycled paper4 7#c7 ,no effect on existing processes ,nothing in paragraph 7#a7 shall be interpreted to require a ,state or political subdivision of a ,state1 directly or indirectly1 to change the systems1 processes1 or equipment it uses to collect1 treat1 dispose of1 or otherwise use municipal solid waste1 within the meaning of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq471 nor require a change to the regulations that implement subtitle ,d of such ,act 7#db ,u4,s4,c4 #fida et seq474 4 #caaf4 ,energy performance requirement for ,federal buildings ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,energy performance requirement for federal buildings 7#a7 ,requirement ,subject to paragraph 7#b71 each agency shall apply energy conservation measures to1 and shall improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal years #bjjf through #bjag is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in fiscal year #bjjc1 by the percentage specified in the following table3 ,percentage ,fiscal ,year,reduction #bjjfb #bjjgd #bjjhi #bjjiab #bjajae #bjaaah #bjabba #bjacbd #bjadbg #bjaecj #bjafcc #bjagcf4 7#b7 ,exclusion for buildings with energy intensive activities 7,a7 ,in general ,an agency may exclude from the requirements of paragraph 7#a7 any building 7including the associated energy consumption and gross square footage7 in which energy intensive activities are carried out4 7,b7 ,reports ,each agency shall identify and list in each report made under section #edh7;a7 the buildings designated by the agency for exclusion under subparagraph 7,a74 7#c7 ,review ,not later than ,december #ca1 #bjag1 the ,secretary shall-- 7,a7 review the results of the implementation of the energy performance requirements established under paragraph 7#a72 and 7,b7 based on the review conducted under subparagraph 7,a71 submit to ,congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to1 and improve the design for the construction of1 the ,federal buildings of the agency 7including each industrial or laboratory facility7 so that the energy consumption per gross square foot of the ,federal buildings of the agency in each of fiscal years #bjah through #bjcj is reduced1 as compared with the energy consumption per gross square foot of the ,federal buildings of the agency in the prior fiscal year1 by #c percent4 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,e71 7,f71 and 7,g7 as subparagraphs 7,f71 7,g71 and 7,h71 respectively2 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,ongoing commissioning ,the term ongoing commissioning means an ongoing process of commissioning using monitored data1 the primary goal of which is to ensure continuous optimum performance of a facility1 in accordance with design or operating needs1 over the useful life of the facility1 while meeting facility occupancy requirements4 2 7,b7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,energy management system ,an energy manager designated under subparagraph 7,a7 shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the ,international ,organization for ,standardization standard numbered #ejjja and entitled ,energy ,management ,systems4 2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,energy and water evaluations and commissioning 7,a7 ,evaluations ,except as provided in subparagraph 7,b71 effective beginning on the date that is #ahj days after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf1 and annually thereafter1 each energy manager shall complete1 for each calendar year1 a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately #be percent of the facilities of that energy manager's agency that meet the criteria under paragraph 7#b77;,b7 in a manner that ensures that an evaluation of each facility is completed at least once every #d years4 7,b7 ,exceptions ,an evaluation and recommissioning or recommissioning shall not be required under subparagraph 7,a7 with respect to a facility that-- 7i7 has had a comprehensive energy and water evaluation during the #h-year period preceding the date of the evaluation2 7ii7 7,i7 has been commissioned1 recommissioned1 or retrocommissioned during the #aj-year period preceding the date of the evaluation2 or 7,,ii7 is under ongoing commissioning1 recommissioning1 or retrocommissioning2 7iii7 has not had a major change in function or use since the previous evaluation and commissioning1 recommissioning1 or retrocommissioning2 7iv7 has been benchmarked with public disclosure under paragraph 7#h7 within the year preceding the evaluation2 and 7v7 7,i7 based on the benchmarking1 has achieved at a facility level the most recent cumulative energy savings target under subsection 7a7 compared to the earlier of-- 7aa7 the date of the most recent evaluation2 or 7bb7 the date-- 7,,aa7 of the most recent commissioning1 recommissioning1 or retrocommissioning2 or 7,,bb7 on which ongoing commissioning1 recommissioning1 or retrocommissioning began2 or 7,,ii7 has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause 7,i74 7#d7 ,implementation of identified energy and water efficiency measures 7,a7 ,in general ,not later than #b years after the date of completion of each evaluation under paragraph 7#c71 each energy manager may-- 7i7 implement any energy- or water-saving measure that the ,federal agency identified in the evaluation conducted under paragraph 7#c7 that is life-cycle cost effective2 and 7ii7 bundle individual measures of varying paybacks together into combined projects4 7,b7 ,measures not implemented ,each energy manager1 as part of the certification system under paragraph 7#g7 and using guidelines developed by the ,secretary1 shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph 7,a77i7 that have not been implemented4 2 and 7,d7 in paragraph 7#g77;,c71 by adding at the end the following3 7iii7 ,summary report ,the ,secretary shall make publicly available a report that summarizes the information tracked under subparagraph 7,b77i7 by each agency and1 as applicable1 by each type of measure4 4 #caag4 ,federal building energy efficiency performance standards2 certification system and level for ,federal buildings 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 in paragraph 7#f71 by striking to be constructed and inserting constructed or altered2 and 7#b7 by adding at the end the following3 7#ag7 ,major renovation ,the term major renovation means a modification of building energy systems sufficiently extensive that the whole building can meet energy standards for new buildings1 based on criteria to be established by the ,secretary through notice and comment rulemaking4 4 7b7 ,federal building efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking 7#c77;,a7 ,not later than and all that follows through the end of subparagraph 7,b7 and inserting the following3 7#c7 ,revised ,federal building energy efficiency performance standards2 certification for green buildings 7,a7 ,revised ,federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf1 the ,secretary shall establish1 by rule1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 new ,federal buildings and alterations and additions to existing ,federal buildings-- 7aa7 meet or exceed the most recent revision of the ,,iecc 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf2 and 7bb7 meet or exceed the energy provisions of ,state and local building codes applicable to the building1 if the codes are more stringent than the ,,iecc or ,,ashrae ,standard #ij4a1 as applicable2 7,,ii7 unless demonstrated not to be life-cycle cost effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings be designed to achieve energy consumption levels that are at least #cj percent below the levels established in the version of the ,,ashrae ,standard or the ,,iecc1 as appropriate1 that is applied under subclause 7,i77aa71 including updates under subparagraph 7,b72 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,iii7 if water is used to achieve energy efficiency1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective2 and 7,,iv7 if life-cycle cost effective1 as compared to other reasonably available technologies1 not less than #cj percent of the hot water demand for each new ,federal building or ,federal building undergoing a major renovation be met through the installation and use of solar hot water heaters4 7ii7 ,limitation ,clause 7i77,i7 shall not apply to unaltered portions of existing ,federal buildings and systems that have been added to or altered4 7,b7 ,updates ,not later than #a year after the date of approval of each subsequent revision of ,,ashrae ,standard #ij4a or the ,,iecc1 as appropriate1 the ,secretary shall determine whether the revised standards established under subparagraph 7,a7 should be updated to reflect the revisions1 based on the energy savings and life-cycle cost effectiveness of the revisions4 2 7,b7 in subparagraph 7,c71 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking 7,d7 ,not later than and all that follows through the end of the first sentence of clause 7i77,,iii7 and inserting the following3 7,d7 ,certification for green buildings 7i7 ,in general 2 7ii7 by striking clause 7ii72 7iii7 in clause 7iii71 by striking 7iii7 ,in identifying and inserting the following3 7ii7 ,considerations ,in identifying 2 7iv7 in clause 7iv7-- 7,i7 by striking 7iv7 ,at least once and inserting the following3 7iii7 ,study ,at least once 2 and 7,,ii7 by striking clause 7iii7 and inserting clause 7ii72 7v7 in clause 7v7-- 7,i7 by striking 7v7 ,the ,secretary may and inserting the following3 7iv7 ,internal certification processes ,the ,secretary may 2 and 7,,ii7 by striking clause 7i77,,iii7 each place it appears and inserting clause 7i72 7vi7 in clause 7vi7-- 7,i7 by striking 7vi7 ,with respect and inserting the following3 7v7 ,privatized military housing ,with respect 2 and 7,,ii7 by striking develop alternative criteria to those established by subclauses 7,i7 and 7,,iii7 of clause 7i7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and and inserting develop alternative certification systems and levels than the systems and levels identified under clause 7i7 that achieve an equivalent result in terms of2 and 7vii7 in clause 7vii71 by striking 7vii7 ,in addition to and inserting the following3 7vi7 ,water conservation technologies ,in addition to 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 every #e years1 review the ,federal building energy standards established under this section2 and 7#b7 on completion of a review under paragraph 7#a71 if the ,secretary determines that significant energy savings would result1 upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified4 4 #caah4 ,operation of battery recharging stations in parking areas used by ,federal employees 7a7 ,authorization 7#a7 ,in general ,the head of any office of the ,federal ,government which owns or operates a parking area for the use of its employees 7either directly or indirectly through a contractor7 may install1 construct1 operate1 and maintain on a reimbursable basis a battery recharging station in such area for the use of privately owned vehicles of employees of the office and others who are authorized to park in such area4 7#b7 ,use of vendors ,the head of an office may carry out paragraph 7#a7 through a contract with a vendor1 under such terms and conditions 7including terms relating to the allocation between the office and the vendor of the costs of carrying out the contract7 as the head of the office and the vendor may agree to4 7b7 ,imposition of ,fees ,to ,cover ,costs 7#a7 ,fees ,the head of an office of the ,federal ,government which operates and maintains a battery recharging station under this section shall charge fees to the individuals who use the station in such amount as is necessary to ensure that office recovers all of the costs it incurs in installing1 constructing1 operating1 and maintaining the station4 7#b7 ,deposit and availability of fees ,any fees collected by the head of an office under this subsection shall be-- 7,a7 deposited monthly in the ,treasury to the credit of the appropriations account for salaries and expenses of the office2 and 7,b7 available for obligation without further appropriation during-- 7i7 the fiscal year collected2 and 7ii7 the fiscal year following the fiscal year collected4 7c7 ,no ,effect on ,existing ,programs for ,house and ,senate ,nothing in this section may be construed to affect the installation1 construction1 operation1 or maintenance of battery recharging stations by the ,architect of the ,capitol-- 7#a7 under ,public ,law #aab-agj 7#b ,u4,s4,c4 #baga71 relating to employees of the ,house of ,representatives and individuals authorized to park in any parking area under the jurisdiction of the ,house of ,representatives on the ,capitol ,grounds2 or 7#b7 under ,public ,law #aab-afg 7#b ,u4,s4,c4 #bagj71 relating to employees of the ,senate and individuals authorized to park in any parking area under the jurisdiction of the ,senate on the ,capitol ,grounds4 7d7 ,effective date ,this section shall apply with respect to fiscal year #bjaf and each succeeding fiscal year4 #caai4 ,report on energy savings and greenhouse gas emissions reduction from conversion of captured methane to energy 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with appropriate ,federal agencies and relevant stakeholders1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the impact of captured methane converted for energy and power generation on ,federal lands1 ,federal buildings1 and relevant municipalities that use such generation1 and the return on investment and reduction in greenhouse gas emissions of utilizing such power generation4 7b7 ,contents ,the report shall include-- 7#a7 a summary of energy performance and savings resulting from the utilization of such power generation1 including short-term and long-term 7#bj years7 projections of such savings2 and 7#b7 an analysis of the reduction in greenhouse emissions resulting from the utilization of such power generation4 #b ,energy ,efficient ,technology and ,manufacturing #caba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels ,section #cbd7;a77#b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid7;a77#b77 is amended by adding the following at the end3 7,j7 ,smart grid capability on energy guide labels 7i7 ,rule ,not later than #a year after the date of enactment of this subparagraph1 the ,commission shall initiate a rulemaking to consider making a special note in a prominent manner on any ,energy ,guide label for any product that includes ,smart ,grid capability that-- 7,i7 ,smart ,grid capability is a feature of that product2 7,,ii7 the use and value of that feature depend on the ,smart ,grid capability of the utility system in which the product is installed and the active utilization of that feature by the customer2 and 7,,iii7 on a utility system with ,smart ,grid capability1 the use of the product's ,smart ,grid capability could reduce the customer's cost of the product's annual operation as a result of the incremental energy and electricity cost savings that would result from the customer taking full advantage of such ,smart ,grid capability4 7ii7 ,deadline ,not later than #c years after the date of enactment of this subparagraph1 the ,commission shall complete the rulemaking initiated under clause 7i74 4 #cabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products ,section #cbf7;b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbif7;b77 is amended by adding at the end the following3 7#f7 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products 7,a7 ,reliance on voluntary programs ,for the purpose of verifying compliance with energy conservation standards established under sections #cbe and #cdb for covered products described in paragraphs 7#c71 7#d71 7#e71 7#i71 and 7#aa7 of section #cbb7;a7 and covered equipment described in subparagraphs 7,b71 7,c71 7,d71 7,f71 7,i71 7,j71 and 7,k7 of section #cdj7a71 the ,secretary shall rely on testing conducted by recognized voluntary verification programs that are recognized by the ,secretary in accordance with subparagraph 7,b74 7,b7 ,recognition of voluntary verification programs 7i7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary shall initiate a negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij7 to develop criteria that have consensus support for achieving recognition by the ,secretary as an approved voluntary verification program4 ,any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code4 7ii7 ,minimum requirements ,the criteria developed under clause 7i7 shall1 at a minimum1 ensure that a voluntary verification program-- 7,i7 is nationally recognized2 7,,ii7 is operated by a third party and not directly operated by a program participant2 7,,iii7 satisfies any applicable elements of-- 7aa7 ,international ,organization for ,standardization standard numbered #agjbe2 and 7bb7 any other relevant ,international ,organization for ,standardization standards identified and agreed to through the negotiated rulemaking under clause 7i72 7,,iv7 at least annually tests independently obtained products following the test procedures established under this title to verify the certified rating of a representative sample of products and equipment within the scope of the program2 7,v7 maintains a publicly available list of all ratings of products subject to verification2 7,,vi7 requires the changing of the performance rating or removal of the product or equipment from the program if testing determines that the performance rating does not meet the levels the manufacturer has certified to the ,secretary2 7,,vii7 requires new program participants to substantiate ratings through test data generated in accordance with ,department of ,energy regulations2 7,,viii7 allows for challenge testing of products and equipment within the scope of the program2 7,,ix7 requires program participants to disclose the performance rating of all covered products and equipment within the scope of the program for the covered product or equipment2 7,x7 provides to the ,secretary-- 7aa7 an annual report of all test results1 the contents of which shall be determined through the negotiated rulemaking process under clause 7i72 and 7bb7 test reports1 on the request of the ,secretary1 that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing2 and 7,,xi7 satisfies any additional requirements or standards that the ,secretary shall establish consistent with this subparagraph4 7iii7 ,cessation of recognition ,the ,secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph 7,a7 upon a finding that the program is not meeting its obligations for compliance through program review criteria developed during the negotiated rulemaking conducted under subparagraph 7,b74 7,c7 ,administration 7i7 ,in general ,the ,secretary shall not require-- 7,i7 manufacturers to participate in a recognized voluntary verification program described in subparagraph 7,a72 or 7,,ii7 participating manufacturers to provide information that has already been provided to the ,secretary4 7ii7 ,list of covered products ,the ,secretary may maintain a publicly available list of covered products and equipment that distinguishes between products that are and are not covered products and equipment verified through a recognized voluntary verification program described in subparagraph 7,a74 7iii7 ,periodic verification testing ,the ,secretary-- 7,i7 shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph 7,a7 to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment2 but 7,,ii7 may require testing of products or equipment described in subclause 7,i7-- 7aa7 if the testing is necessary-- 7,,aa7 to assess the overall performance of a voluntary verification program2 7,,bb7 to address specific performance issues2 7,,cc7 for use in updating test procedures and standards2 or 7,,dd7 for other purposes consistent with this title2 or 7bb7 if such testing is agreed to during the negotiated rulemaking conducted under subparagraph 7,b74 7,d7 ,effect on other authority ,nothing in this paragraph limits the authority of the ,secretary to enforce compliance with any law4 4 #cabc4 ,facilitating consensus furnace standards 7a7 ,congressional findings and declaration of purpose 7#a7 ,findings ,congress finds that-- 7,a7 acting pursuant to the requirements of section #cbe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie71 the ,secretary of ,energy is considering amending the energy conservation standards applicable to residential nonweatherized gas furnaces and mobile home gas furnaces2 7,b7 numerous stakeholders1 representing manufacturers1 distributors1 and installers of residential nonweatherized gas furnaces and mobile home furnaces1 natural gas utilities1 home builders1 multifamily property owners1 and energy efficiency1 environmental1 and consumer advocates have begun negotiations in an attempt to agree on a consensus recommendation to the ,secretary on levels for such standards that will meet the statutory criteria2 and 7,c7 the stakeholders believe these negotiations are likely to result in a consensus recommendation1 but several of the stakeholders do not support suspending the current rulemaking4 7#b7 ,purpose ,it is the purpose of this section to provide the stakeholders described in paragraph 7#a7 with an opportunity to continue negotiations for a limited time period to facilitate the proposal for adoption of standards that enjoy consensus support1 while not delaying the current rulemaking except to the extent necessary to provide such opportunity4 7b7 ,opportunity for a negotiated furnace standard ,section #cbe7;f77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;f77#d77 is amended by adding after subparagraph 7,d7 the following3 7,e7 7i7 ,unless the ,secretary has published such a notice prior to the date of enactment of this ,act1 the ,secretary shall publish1 not later than ,october #ca1 #bjae1 a supplemental notice of proposed rulemaking or a notice of data availability updating the proposed rule entitled ,energy ,conservation ,program for ,consumer ,products3 ,energy ,conservation ,standards for ,residential ,furnaces and published in the ,federal ,register on ,march #ab1 #bjae 7#hj ,fed4 ,reg4 #acaai71 to provide notice and an opportunity for comment on-- 7,i7 dividing nonweatherized gas furnaces into two or more product classes with separate energy conservation standards based on capacity2 and 7,,ii7 any other matters the ,secretary determines appropriate4 7ii7 ,on receipt of a statement that is submitted on or before ,january #a1 #bjaf1 jointly by interested persons that are fairly representative of relevant points of view1 that contains recommended standards for nonweatherized gas furnaces and mobile home gas furnaces that are consistent with the requirements of this part 7except that the date on which such standards will apply may be earlier or later than the date required under this part71 the ,secretary shall evaluate the standards proposed in the joint statement for consistency with the requirements of subsection 7o71 and shall publish notice of the potential adoption of the standards proposed in the joint statement1 modified as necessary to ensure consistency with subsection 7o74 ,the ,secretary shall solicit public comment for a period of at least #cj days with respect to such notice4 7iii7 ,not later than ,july #ca1 #bjaf1 but not before ,july #a1 #bjaf1 the ,secretary shall publish a final rule containing a determination of whether the standards for nonweatherized gas furnaces and mobile home gas furnaces should be amended4 ,such rule shall contain any such amendments to the standards4 4 #cabd4 ,no warranty for certain certified ,energy ,star products ,section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a7 is amended by adding at the end the following new subsection3 7e7 ,no warranty 7#a7 ,in ,general ,any disclosure relating to participation of a product in the ,energy ,star program shall not create an express or implied warranty or give rise to any private claims or rights of action under ,state or ,federal law relating to the disqualification of that product from ,energy ,star if-- 7,a7 the product has been certified by a certification body recognized by the ,energy ,star program2 7,b7 the ,administrator has approved corrective measures1 including a determination of whether or not consumer compensation is appropriate2 and 7,c7 the responsible party has fully complied with all approved corrective measures4 7#b7 ,construal ,nothing in this subsection shall be construed to require the ,administrator to modify any procedure or take any other action4 4 #cabe4 ,clarification to effective date for regional standards ,section #cbe7o77#f77;,e77ii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77#f77;,e77ii77 is amended by striking installed and inserting manufactured or imported into the ,united ,states4 #cabf4 ,internet of ,things report ,the ,secretary of ,energy shall1 not later than #ah months after the date of enactment of this ,act1 report to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate on the efforts made to take advantage of1 and promote1 the utilization of advanced technologies such as ,internet of ,things end-to-end platform solutions to provide real-time actionable analytics and enable predictive maintenance and asset management to improve energy efficiency wherever feasible4 ,in doing so1 the ,secretary shall look to encourage and utilize ,internet of ,things energy management solutions that have security tightly integrated into the hardware and software from the outset4 ,the ,secretary shall also encourage the use of ,internet of ,things solutions that enable seamless connectivity and that are interoperable1 open standards-based1 and built on a repeatable foundation for ease of scalability4 #cabg4 ,energy savings from lubricating oil ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in cooperation with the ,administrator of the ,environmental ,protection ,agency and the ,director of ,management and ,budget1 shall-- 7#a7 review and update the report prepared pursuant to section #ahch of the ,energy ,policy ,act of #bjje2 7#b7 after consultation with relevant ,federal1 ,state1 and local agencies and affected industry and stakeholder groups1 update data that was used in preparing that report2 and 7#c7 prepare and submit to ,congress a coordinated ,federal strategy to increase the beneficial reuse of used lubricating oil1 that-- 7,a7 is consistent with national policy as established pursuant to section #b of the ,used ,oil ,recycling ,act of #aihj 7,public ,law #if-dfc72 and 7,b7 addresses measures needed to-- 7i7 increase the responsible collection of used oil2 7ii7 disseminate public information concerning sustainable reuse options for used oil2 and 7iii7 promote sustainable reuse of used oil by ,federal agencies1 recipients of ,federal grant funds1 entities contracting with the ,federal ,government1 and the general public4 #cabh4 ,definition of external power supply ,section #cba7cf77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7cf77;,a77 is amended-- 7#a7 by striking the subparagraph designation and all that follows through ,the term and inserting the following3 7,a7 ,external power supply 7i7 ,in general ,the term 2 and 7#b7 by adding at the end the following3 7ii7 ,exclusion ,the term external power supply does not include a power supply circuit1 driver1 or device that is designed exclusively to be connected to1 and power-- 7,i7 light-emitting diodes providing illumination2 or 7,,ii7 organic light-emitting diodes providing illumination4 4 #cabi4 ,standards for power supply circuits connected to ,l,e,ds or ,o,l,e,ds 7a7 ,in general ,section #cbe7u7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7u77 is amended by adding at the end the following3 7#f7 ,power supply circuits connected to ,l,e,ds or ,o,l,e,ds ,notwithstanding the exclusion described in section #cba7cf77;,a77ii71 the ,secretary may prescribe1 in accordance with subsections 7o7 and 7p7 and section #cbb7;b71 an energy conservation standard for a power supply circuit1 driver1 or device that is designed primarily to be connected to1 and power1 light-emitting diodes or organic light-emitting diodes providing illumination4 4 7b7 ,energy conservation standards ,section #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcag7 is amended by adding at the end the following3 7g7 ,energy conservation standard for power supply circuits connected to ,,leds or ,,oleds ,not earlier than #a year after applicable testing requirements are prescribed under section #cdc1 the ,secretary may prescribe an energy conservation standard for a power supply circuit1 driver1 or device that is designed primarily to be connected to1 and power1 light-emitting diodes or organic light-emitting diodes providing illumination4 4 #c ,school ,buildings #caca4 ,coordination of energy retrofitting assistance for schools ,section #cib of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga;a7 is amended by adding at the end the following3 7e7 ,coordination of energy retrofitting assistance for schools 7#a7 ,definition of school ,notwithstanding section #cia7f71 for the purposes of this subsection1 the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,establishment of clearinghouse ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall establish a clearinghouse to disseminate information regarding available ,federal programs and financing mechanisms that may be used to help initiate1 develop1 and finance energy efficiency1 distributed generation1 and energy retrofitting projects for schools4 7#c7 ,requirements ,in carrying out paragraph 7#b71 the ,secretary shall-- 7,a7 consult with appropriate ,federal agencies to develop a list of ,federal programs and financing mechanisms that are1 or may be1 used for the purposes described in paragraph 7#b72 and 7,b7 coordinate with appropriate ,federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available ,federal programs and financing mechanisms described in subparagraph 7,a71 which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the ,office of ,energy ,efficiency and ,renewable ,energy that ,states1 local education agencies1 and schools may use to effectively access and use such ,federal programs and financing mechanisms4 4 #d ,building ,energy ,codes #cada4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb71 as amended by section #caaf1 is further amended-- 7#a7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,model building energy code ,the term model building energy code means a voluntary building energy code or standard developed and updated through a consensus process among interested persons1 such as the ,,iecc or ,,ashrae ,standard #ij4a or a code used by other appropriate organizations regarding which the ,secretary has issued a determination that buildings subject to it would achieve greater energy efficiency than under a previously developed code4 2 and 7#b7 by adding at the end the following3 7#ah7 ,,ashrae ,standard #ij4a ,the term ,,ashrae ,standard #ij4a means the ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers ,,ansi_/,,ashrae_/,,ies ,standard #ij_/a ,energy ,standard for ,buildings ,except ,low-,rise ,residential ,buildings4 7#ai7 ,cost-effective ,the term cost-effective means having a simple payback of #aj years or less4 7#bj7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code as published by the ,international ,code ,council4 7#ba7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 7#bb7 ,simple payback ,the term simple payback means the time in years that is required for energy savings to exceed the incremental first cost of a new requirement or code4 7#bc7 ,technically feasible ,the term technically feasible means capable of being achieved1 based on widely available appliances1 equipment1 technologies1 materials1 and construction practices4 4 7b7 ,state building energy efficiency codes ,section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc7 is amended to read as follows3 #cjd4 ,updating ,state building energy efficiency codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7e71 for the purposes of-- 7#a7 implementation of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments1 that are technically feasible and cost-effective2 and 7#b7 supporting full compliance with the ,state1 tribal1 and local codes4 7b7 ,state and ,indian tribe certification of building energy code updates 7#a7 ,review and updating of codes by each ,state and ,indian tribe 7,a7 ,in general ,not later than #c years after the date on which a model building energy code is published1 each ,state or ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively4 7,b7 ,demonstration ,the certification shall include a statement of whether or not the energy savings for the code provisions that are in effect throughout the ,state or ,indian tribal territory meet or exceed-- 7i7 the energy savings of the most recently published model building energy code2 or 7ii7 the targets established under section #cjg7;b77#b74 7,c7 ,no model building energy code update ,if a model building energy code is not updated by a target date established under section #cjg7;b77#b77;,d71 each ,state or ,indian tribe shall1 not later than #c years after the specified date1 certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively1 to meet or exceed the target in section #cjg7;b77#b74 7#b7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the code provisions of the ,state or ,indian tribe1 respectively1 meet the criteria specified in paragraph 7#a72 7,b7 determine whether the certification submitted by the ,state or ,indian tribe1 respectively1 is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#c7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7c7 ,improvements in compliance with building energy codes 7#a7 ,requirement 7,a7 ,in general ,not later than #c years after the date of a certification under subsection 7b71 each ,state and ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state or ,indian tribe building energy code or with the associated model building energy code2 or 7ii7 made significant progress under paragraph 7#d7 toward achieving compliance with the applicable certified ,state or ,indian tribe building energy code or with the associated model building energy code4 7,b7 ,repeat certifications ,if the ,state or ,indian tribe certifies progress toward achieving compliance1 the ,state or ,indian tribe shall repeat the certification until the ,state or ,indian tribe certifies that the ,state or ,indian tribe has achieved full compliance4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 inspections of a random sample of the buildings covered by the code in the preceding year2 or 7,b7 an alternative method that yields an accurate measure of compliance4 7#c7 ,achievement of compliance ,a ,state or ,indian tribe shall be considered to achieve full compliance under paragraph 7#a7 if-- 7,a7 at least #ij percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph 7#a71 or achieves equivalent or greater energy savings level2 or 7,b7 the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph 7#a7 in the preceding year1 compared to a baseline of comparable buildings that meet this code1 is not more than #e percent of the estimated energy use of all buildings covered by this code during the preceding year4 7#d7 ,significant progress toward achievement of compliance ,a ,state or ,indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph 7#a7 if the ,state or ,indian tribe-- 7,a7 has developed and is implementing a plan for achieving compliance during the #h-year period beginning on the date of enactment of this paragraph1 including annual targets for compliance and active training and enforcement programs2 and 7,b7 has met the most recent target under subparagraph 7,a74 7#e7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the ,state or ,indian tribe has demonstrated meeting the criteria of this subsection1 including accurate measurement of compliance2 7,b7 determine whether the certification submitted by the ,state or ,indian tribe is complete2 and 7,c7 if the requirements of subparagraph 7,b7 are satisfied1 validate the certification4 7#f7 ,limitation ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7d7 ,states or ,indian tribes that do not achieve compliance 7#a7 ,reporting ,a ,state or ,indian tribe that has not made a certification required under subsection 7b7 or 7c7 by the applicable deadline shall submit to the ,secretary a report on the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification4 7#b7 ,state sovereignty ,nothing in this section shall be interpreted to require a ,state or ,indian tribe to adopt any building code or provision within a code4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7b7 or 7c71 a local government may be eligible for ,federal support by meeting the certification requirements of subsections 7b7 and 7c74 7#d7 ,annual reports by ,secretary 7,a7 ,in general ,the ,secretary shall annually submit to ,congress1 and publish in the ,federal ,register1 a report on-- 7i7 the status of model building energy codes2 7ii7 the status of code adoption and compliance in the ,states and ,indian tribes2 7iii7 implementation of this section2 and 7iv7 improvements in energy savings over time as a result of the targets established under section #cjg7;b77#b74 7,b7 ,impacts ,the report shall include estimates of impacts of past action under this section1 and potential impacts of further action1 on-- 7i7 upfront financial and construction costs1 cost benefits and returns 7using a return on investment analysis71 and lifetime energy use for buildings2 7ii7 resulting energy costs to individuals and businesses2 and 7iii7 resulting overall annual building ownership and operating costs4 7e7 ,technical assistance to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary shall1 upon request1 provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section-- 7,a7 to implement ,state residential and commercial building energy codes2 and 7,b7 to document the rate of compliance with a building energy code4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the ,state or ,indian tribe1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 referenced in section #cjg7;b77#d71 of implementing building energy codes2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 developing the definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 and 7,g7 complying with a performance-based pathway referenced in the model code4 7#c7 ,exclusion ,for purposes of this section1 technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code1 code provision1 or energy savings target to a ,state or ,indian tribe4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to any technical assistance provided to a ,state or ,indian tribe1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7f7 ,federal support 7#a7 ,in general ,the ,secretary shall provide support to ,states and ,indian tribes-- 7,a7 to implement the reporting requirements of this section2 and 7,b7 to implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 tribal1 and local building code officials to implement and enforce the codes4 7#b7 ,exclusion ,support shall not be given to support adoption and implementation of model building energy codes for which the ,secretary has made a determination under section #cjg7;g77#a77;,c7 that the code is not cost-effective4 7#c7 ,training ,support shall be offered to ,states to train ,state and local building code officials to implement and enforce codes described in paragraph 7#a77;,b74 7#d7 ,local governments ,states may work under this subsection with local governments that implement and enforce codes described in paragraph 7#a77;,b74 7g7 ,voluntary programs ,to exceed model building energy code 7#a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7e71 for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as-- 7,a7 voluntary incentive programs adopted by local1 tribal1 or ,state governments2 and 7,b7 nonbinding guidelines for energy-efficient building design4 7#b7 ,targets ,the voluntary programs described in paragraph 7#a7 shall be designed-- 7,a7 to achieve substantial energy savings compared to the model building energy codes2 and 7,b7 to meet targets under section #cjg7;b71 if available1 up to #c to #f years in advance of the target years4 7h7 ,studies 7#a7 ,,gao study 7,a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings4 ,in conducting the study1 the ,comptroller ,general shall consider and report1 at a minimum-- 7i7 the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development2 7ii7 the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings2 and 7iii7 an accounting of expenditures of the ,federal funds under each program authorized by this title4 7,b7 ,report to ,congress ,not later than #c years after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjaf1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives including the study findings and conclusions4 7#b7 ,feasibility study ,the ,secretary1 in consultation with building science experts from the ,national ,laboratories and institutions of higher education1 designers and builders of energy-efficient residential and commercial buildings1 code officials1 and other stakeholders1 shall undertake a study of the feasibility1 impact1 economics1 and merit of-- 7,a7 code improvements that would require that buildings be designed1 sited1 and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction1 as advances are achieved in energy-saving technologies2 7,b7 code procedures to incorporate a ten-year payback1 not just first-year energy use1 in trade-offs and performance calculations2 and 7,c7 legislative options for increasing energy savings from building energy codes1 including additional incentives for effective ,state and local verification of compliance with and enforcement of a code4 7#c7 ,energy data in multitenant buildings ,the ,secretary1 in consultation with appropriate representatives of the utility1 utility regulatory1 building ownership1 and other stakeholders1 shall-- 7,a7 undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses2 and 7,b7 consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers4 7i7 ,effect on other laws ,nothing in this section or section #cjg supersedes or modifies the application of sections #cba through #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7j7 ,funding limitations ,no ,federal funds shall be-- 7#a7 used to support actions by the ,secretary1 or ,states1 to promote or discourage the adoption of a particular building energy code1 code provision1 or energy saving target to a ,state or ,indian tribe2 or 7#b7 provided to private third parties or non-governmental organizations to engage in such activities4 4 7c7 ,federal building energy efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended by striking voluntary building energy code in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes 7#a7 ,amendment ,section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7 is amended to read as follows3 #cjg4 ,support for model building energy codes 7a7 ,in general ,the ,secretary shall provide technical assistance1 as described in subsection 7c71 for updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall provide technical assistance1 for updating the model building energy codes4 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall provide technical assistance to ,states1 ,indian tribes1 local governments1 nationally recognized code and standards developers1 and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 to achieve the purposes of this section4 7,b7 ,separate targets ,separate targets may be established for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating model building energy codes shall be the #bjji ,,iecc for residential buildings and ,,ashrae ,standard #ij4a-bjaj for commercial buildings4 7,d7 ,specific years 7i7 ,in general ,targets for specific years shall be established and revised by the ,secretary through rulemaking in accordance with section #eec of title #e1 ,united ,states ,code1 and coordinated with nationally recognized code and standards developers at a level that-- 7,i7 is at the maximum level of energy efficiency that is technically feasible and cost effective1 while accounting for the economic considerations under paragraph 7#d72 and 7,,ii7 promotes the achievement of commercial and residential high performance buildings through high performance energy efficiency 7within the meaning of section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 7ii7 ,initial targets ,not later than #a year after the date of enactment of this clause1 the ,secretary shall establish initial targets under this subparagraph4 7iii7 ,different target years ,subject to clause 7i71 prior to the applicable year1 the ,secretary may set a later target year for any of the model building energy codes described in subparagraph 7,a7 if the ,secretary determines that a target cannot be met4 7,e7 ,small business ,when establishing targets under this paragraph through rulemaking1 the ,secretary shall ensure compliance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note2 ,public ,law #ajd-aba7 for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule4 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing energy savings targets under paragraph 7#b71 the ,secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- 7,a7 efficiency gains made in appliances1 lighting1 windows1 insulation1 and building envelope sealing2 7,b7 advancement of distributed generation and on-site renewable power generation technologies2 7,c7 equipment improvements for heating1 cooling1 and ventilation systems and water heating systems2 7,d7 building management systems and smart grid technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems regarding building plug load and other energy uses4 ,in developing and adjusting the targets1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation1 and water heating systems1 using equipment that is actually installed4 7#d7 ,economic considerations ,in establishing and revising energy savings targets under paragraph 7#b71 the ,secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners1 by conducting a return on investment analysis1 using a simple payback methodology over a #c-1 #e-1 and #g-year period4 ,the ,secretary shall not propose or provide technical or financial assistance for any code1 provision in the code1 or energy target1 or amendment thereto1 that has a payback greater than #aj years4 7c7 ,technical assistance to model building energy code-,setting and standard development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section4 7#b7 ,technical assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating the energy savings of building energy codes2 7,b7 assessing the economic considerations1 under subsection 7b77#d71 of code or standards proposals or revisions2 7,c7 building energy analysis and design tools2 7,d7 energy simulation models2 7,e7 building demonstrations2 7,f7 developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 7,g7 developing a performance-based pathway for compliance2 7,h7 developing model building energy codes by ,indian tribes in accordance with tribal law2 and 7,i7 code development meetings1 including through direct ,federal employee participation in committee meetings1 hearings and online communication1 voting1 and presenting research and technical or economic analyses during such meetings4 7#c7 ,exclusion ,except as provided in paragraph 7#b77;,i71 for purposes of this section1 technical assistance shall not include actions that promote or discourage the adoption of a particular building energy code1 code provision1 or energy savings target4 7#d7 ,information quality and transparency ,for purposes of this section1 information provided by the ,secretary1 attendant to development of any energy savings targets1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7d7 ,amendment proposals 7#a7 ,in general ,the ,secretary may submit timely model building energy code amendment proposals that are technically feasible1 cost-effective1 and technology-neutral to the model building energy code-setting and standard development organizations1 with supporting evidence1 sufficient to enable the model building energy codes to meet the targets established under subsection 7b77#b74 7#b7 ,process and factors ,all amendment proposals submitted by the ,secretary shall be published in the ,federal ,register and made available on the ,department of ,energy website #ij days prior to any submittal to a code development body1 and shall be subject to a public comment period of not less than #fj days4 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 ,when calculating the costs and benefits of an amendment1 the ,secretary shall use climate zone weighted averages for equipment efficiency for heating1 cooling1 ventilation1 and water heating systems1 using equipment that is actually installed4 7e7 ,analysis methodology ,the ,secretary shall make publicly available the entire calculation methodology 7including input assumptions and data7 used by the ,secretary to estimate the energy savings of code or standard proposals and revisions4 7f7 ,methodology development ,the ,secretary shall establish a methodology for evaluating cost effectiveness of energy code changes in multifamily buildings that incorporates economic parameters representative of typical multifamily buildings4 7g7 ,determination 7#a7 ,revision of model building energy codes ,if the provisions of the ,,iecc or ,,ashrae ,standard #ij4a regarding building energy use are revised1 the ,secretary shall make a preliminary determination not later than #ij days after the date of the revision1 and a final determination not later than #ae months after the date of the revision1 on whether or not the revision-- 7,a7 improves energy efficiency in buildings compared to the existing ,,iecc or ,,ashrae ,standard #ij4a1 as applicable2 7,b7 meets the applicable targets under subsection 7b77#b72 and 7,c7 is technically feasible and cost-effective4 7#b7 ,codes or standards not meeting criteria 7,a7 ,in general ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a revised ,,iecc or ,,ashrae ,standard #ij4a does not meet the targets established under subsection 7b77#b71 is not technically feasible1 or is not cost-effective1 the ,secretary may at the same time provide technical assistance1 as described in subsection 7c71 to the ,international ,code ,council or ,,ashrae1 as applicable1 with proposed changes that would result in a model building energy code or standard that meets the criteria1 and with supporting evidence4 ,proposed changes submitted by the ,secretary shall be published in the ,federal ,register and made available on the ,department of ,energy website #ij days prior to any submittal to a code development body1 and shall be subject to a public comment period of not less than #fj days4 ,information provided by the ,secretary1 attendant to submission of any amendment proposals1 is influential information and shall satisfy the guidelines established by the ,office of ,management and ,budget and published at #fg ,federal ,register #h1deb 7,february #bb1 #bjjb74 7,b7 ,incorporation of changes 7i7 ,in general ,on receipt of the technical assistance1 as described in subsection 7c71 the ,international ,code ,council or ,,ashrae1 as applicable1 shall1 prior to the ,secretary making a final determination under paragraph 7#a71 have an additional #bgj days to accept or reject the proposed changes made by the ,secretary to the model building energy code or standard4 7ii7 ,final determination ,a final determination under paragraph 7#a7 shall be on the final revised model building energy code or standard4 7h7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets1 amendment proposals and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost-benefit analysis1 including return on investment2 7#b7 provide an opportunity for public comment on targets and supporting analysis and determinations under this section1 in accordance with section #eec of title #e1 ,united ,states ,code2 and 7#c7 provide an opportunity for public comment on amendment proposals4 7i7 ,voluntary codes and standards ,not withstanding any other provision of this section1 any model building code or standard established under this section shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 4 7#b7 ,conforming amendment ,the item relating to section #cjg in the table of contents for the ,energy ,conservation and ,production ,act is amended to read as follows3 ,sec4 #cjg4 ,support for model building energy codes4 4 #cadb4 ,voluntary nature of building asset rating program 7a7 ,in general ,any program of the ,secretary of ,energy that may enable the owner of a commercial building or a residential building to obtain a rating1 score1 or label regarding the actual or anticipated energy usage or performance of a building shall be made available on a voluntary1 optional1 and market-driven basis4 7b7 ,disclaimer as to regulatory intent ,information disseminated by the ,secretary of ,energy regarding the program described in subsection 7a71 including any information made available by the ,secretary on a website1 shall include language plainly stating that such program is not developed or intended to be the basis for a regulatory program by a ,federal1 ,state1 local1 or municipal government body4 #e ,,epca ,technical ,corrections and ,clarifications #caea4 ,modifying product definitions 7a7 ,authority ,to modify definitions 7#a7 ,covered products ,section #cbb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbib7 is amended by adding at the end the following3 7c7 ,modifying definitions of covered products 7#a7 ,in general ,for any covered product for which a definition is provided in section #cba1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 and 7,b7 better enable improvements in the energy efficiency of the product as part of an energy using system4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered product definitions made pursuant to this subsection4 7#c7 ,procedure for modifying definition 7,a7 ,in general ,notice of any adjustment to the definition of a covered product and an explanation of the reasons therefor shall be published in the ,federal ,register and opportunity provided for public comment4 7,b7 ,consensus required ,any amendment to the definition of a covered product under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered products1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a covered product4 7#d7 ,effect of a modified definition 7,a7 ,in general ,for any type or class of consumer product which becomes a covered product pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered product pursuant to section #cbc and energy conservation standards pursuant to section #cbe7l72 7ii7 the ,commission may prescribe labeling rules pursuant to section #cbd if the ,commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered product in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe shall not apply to such type or class of product4 7,b7 ,applicability ,for any type or class of consumer product which ceases to be a covered product pursuant to this subsection1 the provisions of this part shall no longer apply to the type or class of consumer product4 4 7#b7 ,covered equipment ,section #cda of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcab7 is amended by adding at the end the following3 7d7 ,modifying definitions of covered equipment 7#a7 ,in general ,for any covered equipment for which a definition is provided in section #cdj1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 and 7,b7 better enable improvements in the energy efficiency of the equipment as part of an energy using system4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered equipment definitions made pursuant to this subsection4 7#c7 ,procedure for modifying definition 7,a7 ,in general ,notice of any adjustment to the definition of a type of covered equipment and an explanation of the reasons therefor shall be published in the ,federal ,register and opportunity provided for public comment4 7,b7 ,consensus required ,any amendment to the definition of a type of covered equipment under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered equipment1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a type of covered equipment4 7#d7 ,effect of a modified definition 7,a7 ,for any type or class of equipment which becomes covered equipment pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered equipment pursuant to section #cdc and energy conservation standards pursuant to section #cbe7l72 7ii7 the ,secretary may prescribe labeling rules pursuant to section #cdd if the ,secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered equipment in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe1 #cdb1 or #cdf shall not apply to such type or class of covered equipment4 7,b7 ,for any type or class of equipment which ceases to be covered equipment pursuant to this subsection the provisions of this part shall no longer apply to the type or class of equipment4 4 7b7 ,conforming amendments providing for judicial review 7#a7 ,section #ccf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcjf7 is amended by striking section #cbc1 each place it appears and inserting section #cbb1 #cbc12 and 7#b7 ,section #cde7;a77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;a77#a77 is amended to read as follows3 7#a7 the references to sections #cbb1 #cbc1 #cbd1 and #cbe of this ,act shall be considered as references to sections #cda1 #cdc1 #cdd1 and #cdb of this ,act1 respectively2 4 #caeb4 ,clarifying rulemaking procedures 7a7 ,covered products ,section #cbe7p7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7p77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#c71 7#e71 and 7#f71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#a7 ,the ,secretary shall provide an opportunity for public input prior to the issuance of a proposed rule1 seeking information-- 7,a7 identifying and commenting on design options2 7,b7 on the existence of and opportunities for voluntary nonregulatory actions2 and 7,c7 identifying significant subgroups of consumers and manufacturers that merit analysis4 2 7#c7 in paragraph 7#c7 7as so redesignated by paragraph 7#a7 of this subsection7-- 7,a7 in subparagraph 7,c71 by striking and after adequate22 7,b7 in subparagraph 7,d71 by striking standard4 and inserting standard22 and 7,c7 by adding at the end the following new subparagraphs3 7,e7 whether the technical and economic analytical assumptions1 methods1 and models used to justify the standard to be prescribed are-- 7i7 justified2 and 7ii7 available and accessible for public review1 analysis1 and use2 and 7,f7 the cumulative regulatory impacts on the manufacturers of the product1 taking into account-- 7i7 other government standards affecting energy use2 and 7ii7 other energy conservation standards affecting the same manufacturers4 2 and 7#d7 by inserting after paragraph 7#c7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#d7 ,restriction on test procedure amendments 7,a7 ,in general ,any proposed energy conservation standards rule shall be based on the final test procedure which shall be used to determine compliance1 and the public comment period on the proposed standards shall conclude no sooner than #ahj days after the date of publication of a final rule revising the test procedure4 7,b7 ,exception ,the ,secretary may propose or prescribe an amendment to the test procedures issued pursuant to section #cbc for any type or class of covered product after the issuance of a notice of proposed rulemaking to prescribe an amended or new energy conservation standard for that type or class of covered product1 but before the issuance of a final rule prescribing any such standard1 if-- 7i7 the amendments to the test procedure have consensus support achieved through a rulemaking conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary receives a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of the type or class of covered product1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommendation that a supplemental notice of proposed rulemaking is not necessary for the type or class of covered product4 4 7b7 ,conforming amendment ,section #cde7;b77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;b77#a77 is amended by striking section #cbe7p77#d71 and inserting section #cbe7p77#c71 7#d71 and 7#f714 #f ,energy and ,water ,efficiency #cafa4 ,smart energy and water efficiency pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a utility2 7,b7 a municipality2 7,c7 a water district2 and 7,d7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#c7 ,smart energy and water efficiency pilot program ,the term smart energy and water efficiency pilot program or pilot program means the pilot program established under subsection 7b74 7b7 ,smart energy and water efficiency pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency management pilot program in accordance with this section4 7#b7 ,purpose ,the purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate advanced and innovative technology-based solutions that will-- 7,a7 increase and improve the energy efficiency of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make significant progress in conserving water1 saving energy1 and reducing costs2 7,b7 support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water2 and 7,c7 improve energy and water conservation1 water quality1 and predictive maintenance of energy and water systems1 through the use of ,internet-connected technologies1 including sensors1 intelligent gateways1 and security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the pilot program to not less than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the pilot program1 the ,secretary shall consider-- 7i7 energy and cost savings anticipated to result from the project2 7ii7 the innovative nature1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors1 software1 hardware1 analytics1 and management tools2 7iv7 the anticipated cost effectiveness of the pilot project in terms of energy efficiency savings1 water savings or reuse1 and infrastructure costs averted2 7v7 whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale1 including whether the technology can be implemented by each type of eligible entity2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology is sourced from a manufacturer based in the ,united ,states2 and 7viii7 whether the project will be completed in #e years or less4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the pilot program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 7,v7 the names of the project lead organization and any partners2 7,,vi7 the number of users to be served by the project2 and 7,,vii7 any other information that the ,secretary determines to be necessary to complete the review and selection of a grant recipient4 7#d7 ,administration 7,a7 ,in general ,not later than #cjj days after the date of enactment of this ,act1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations ,the ,secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- 7i7 evaluates the progress and impact of the project2 and 7ii7 assesses the degree to which the project is meeting the goals of the pilot program4 7,c7 ,technical and policy assistance ,on the request of a grant recipient1 the ,secretary shall provide technical and policy assistance to the grant recipient to carry out the project4 7,d7 ,best practices ,the ,secretary shall make available to the public-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to congress ,the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under subparagraph 7,b74 7c7 ,funding ,to carry out this section1 the ,secretary is authorized to use not more than #ae1jjj1jjj1 to the extent provided in advance in appropriation ,acts4 #cafb4 ,water,sense 7a7 ,in general ,the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbja et seq47 is amended by adding after section #cbd;,a the following3 #cbd;,b4 ,water,sense 7a7 ,water,sense 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a voluntary program1 to be entitled ,water,sense1 to identify water efficient products1 buildings1 landscapes1 facilities1 processes1 and services that sensibly-- 7,a7 reduce water use2 7,b7 reduce the strain on public and community water systems and wastewater and stormwater infrastructure2 7,c7 conserve energy used to pump1 heat1 transport1 and treat water2 and 7,d7 preserve water resources for future generations1 through voluntary labeling of1 or other forms of communications about1 products1 buildings1 landscapes1 facilities1 processes1 and services while still meeting strict performance criteria4 7#b7 ,duties ,the ,administrator1 coordinating as appropriate with the ,secretary of ,energy1 shall-- 7,a7 establish-- 7i7 a ,water,sense label to be used for items meeting the certification criteria established in this section2 and 7ii7 the procedure1 including the methods and means1 by which an item may be certified to display the ,water,sense label2 7,b7 conduct a public awareness education campaign regarding the ,water,sense label2 7,c7 preserve the integrity of the ,water,sense label by-- 7i7 establishing and maintaining feasible performance criteria so that products1 buildings1 landscapes1 facilities1 processes1 and services labeled with the ,water,sense label perform as well or better than less water-efficient counterparts2 7ii7 overseeing ,water,sense certifications made by third parties2 7iii7 using testing protocols1 from the appropriate1 applicable1 and relevant consensus standards1 for the purpose of determining standards compliance2 and 7iv7 auditing the use of the ,water,sense label in the marketplace and preventing cases of misuse2 and 7,d7 not more often than every six years1 review and1 if appropriate1 update ,water,sense criteria for the defined categories of water-efficient product1 building1 landscape1 process1 or service1 including-- 7i7 providing reasonable notice to interested parties and the public of any such changes1 including effective dates1 and an explanation of the changes2 7ii7 soliciting comments from interested parties and the public prior to any such changes2 7iii7 as appropriate1 responding to comments submitted by interested parties and the public2 and 7iv7 providing an appropriate transition time prior to the applicable effective date of any such changes1 taking into account the timing necessary for the manufacture1 marketing1 training1 and distribution of the specific water-efficient product1 building1 landscape1 process1 or service category being addressed4 7b7 ,use of science ,in carrying out this section1 and1 to the degree that an agency action is based on science1 the ,administrator shall use-- 7#a7 the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices2 and 7#b7 data collected by accepted methods or best available methods 7if the reliability of the method and the nature of the decision justify use of the data74 7c7 ,distinction of authorities ,in setting or maintaining standards for ,energy ,star pursuant to section #cbd;,a1 and ,water,sense under this section1 the ,secretary and ,administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs4 7d7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,feasible ,the term feasible means feasible with the use of the best technology1 treatment techniques1 and other means that the ,administrator finds1 after examination for efficacy under field conditions and not solely under laboratory conditions1 are available 7taking cost into consideration74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#d7 ,water-efficient product1 building1 landscape1 process1 or service ,the term water-efficient product1 building1 landscape1 process1 or service means a product1 building1 landscape1 process1 or service for a residence or a commercial or institutional building1 or its landscape1 that is rated for water efficiency and performance1 the covered categories of which are-- 7,a7 irrigation technologies and services2 7,b7 point-of-use water treatment devices2 7,c7 plumbing products2 7,d7 reuse and recycling technologies2 7,e7 landscaping and gardening products1 including moisture control or water enhancing technologies2 7,f7 xeriscaping and other landscape conversions that reduce water use2 and 7,g7 new water efficient homes certified under the ,water,sense program4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #db ,u4,s4,c4 #fbja et seq47 is amended by inserting after the item relating to section #cbd;,a the following new item3 ,sec4 #cbd;,b4 ,water,sense4 4 ,b ,accountability #a ,market ,manipulation1 ,enforcement1 and ,compliance #cbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended to read as follows3 #cai4 ,office of ,compliance ,assistance and ,public ,participation 7a7 ,establishment ,there is established within the ,commission an ,office of ,compliance ,assistance and ,public ,participation 7referred to in this section as the ,office74 ,the ,office shall be headed by a ,director4 7b7 ,duties of ,director 7#a7 ,in general ,the ,director of the ,office shall promote improved compliance with ,commission rules and orders by-- 7,a7 making recommendations to the ,commission regarding-- 7i7 the protection of consumers2 7ii7 market integrity and support for the development of responsible market behavior2 7iii7 the application of ,commission rules and orders in a manner that ensures that-- 7,i7 rates and charges for1 or in connection with1 the transmission or sale of electric energy subject to the jurisdiction of the ,commission shall be just and reasonable and not unduly discriminatory or preferential2 and 7,,ii7 markets for such transmission and sale of electric energy are not impaired and consumers are not damaged2 and 7iv7 the impact of existing and proposed ,commission rules and orders on small entities1 as defined in section #fja of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act72 7,b7 providing entities subject to regulation by the ,commission the opportunity to obtain timely guidance for compliance with ,commission rules and orders2 and 7,c7 providing information to the ,commission and ,congress to inform policy with respect to energy issues under the jurisdiction of the ,commission4 7#b7 ,reports and guidance ,the ,director shall1 as the ,director determines appropriate1 issue reports and guidance to the ,commission and to entities subject to regulation by the ,commission1 regarding market practices1 proposing improvements in ,commission monitoring of market practices1 and addressing potential improvements to both industry and ,commission practices4 7#c7 ,outreach ,the ,director shall promote improved compliance with ,commission rules and orders through outreach1 publications1 and1 where appropriate1 direct communication with entities regulated by the ,commission4 4 #b ,market ,reforms #cbba4 ,,gao study on wholesale electricity markets 7a7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report describing the results of a study of whether and how the current market rules1 practices1 and structures of each regional transmission entity produce rates that are just and reasonable by-- 7#a7 facilitating fuel diversity1 the availability of generation resources during emergency and severe weather conditions1 resource adequacy1 and reliability1 including the cost-effective retention and development of needed generation2 7#b7 promoting the equitable treatment of business models1 including different utility types1 the integration of diverse generation resources1 and advanced grid technologies2 7#c7 identifying and addressing regulatory barriers to entry1 market-distorting incentives1 and artificial constraints on competition2 7#d7 providing transparency regarding dispatch decisions1 including the need for out-of-market actions and payments1 and the accuracy of day-ahead unit commitments2 7#e7 facilitating the development of necessary natural gas pipeline and electric transmission infrastructure2 7#f7 ensuring fairness and transparency in governance structures and stakeholder processes1 including meaningful participation by both voting and nonvoting stakeholder representatives2 7#g7 ensuring the proper alignment of the energy and transmission markets by including both energy and financial transmission rights in the day-ahead markets2 7#h7 facilitating the ability of load-serving entities to self-supply their service territory load2 7#i7 considering1 as appropriate1 ,state and local resource planning2 and 7#aj7 mitigating1 to the extent practicable1 the disruptive effects of tariff revisions on the economic decisionmaking of market participants4 7b7 ,definitions ,in this section3 7#a7 ,load-serving entity ,the term load-serving entity has the meaning given that term in section #bag of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq74 7#b7 ,regional transmission entity ,the term regional transmission entity means a ,regional ,transmission ,organization or an ,independent ,system ,operator1 as such terms are defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 #cbbb4 ,clarification of facility merger authorization ,section #bjc7;a77#a77;,b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;b7a77#a77;,b77 is amended by striking such facilities or any part thereof and inserting such facilities1 or any part thereof1 of a value in excess of #aj1jjj1jjj4 #c ,code ,maintenance #cbca4 ,repeal of off-highway motor vehicles study 7a7 ,repeal ,part ,i of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hga7 is amended-- 7#a7 by striking the item relating to part ,i of title ,,iii2 and 7#b7 by striking the item relating to section #che4 #cbcb4 ,repeal of methanol study ,section #djj;,,ee of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgd;d7 is amended-- 7#a7 by striking subsection 7a72 and 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively4 #cbcc4 ,repeal of residential energy efficiency standards study 7a7 ,repeal ,section #bec of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcb7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bec4 #cbcd4 ,repeal of weatherization study 7a7 ,repeal ,section #bed of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bed4 #cbce4 ,repeal of report to ,congress 7a7 ,repeal ,section #bgc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcf;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bgc4 #cbcf4 ,repeal of report by ,general ,services ,administration 7a7 ,repeal ,section #aed of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;a7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aed4 7#b7 ,section #aei of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;e7 is amended by striking subsection 7c74 #cbcg4 ,repeal of intergovernmental energy management planning and coordination workshops 7a7 ,repeal ,section #aef of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aef4 #cbch4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress 7a7 ,repeal ,section #afj of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;f7 is amended by striking the section designation and heading and all that follows through 7c7 ,inspector ,general ,review4--,each ,inspector ,general and inserting the following3 #afj4 ,inspector ,general review ,each ,inspector ,general 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afj and inserting the following3 ,sec4 #afj4 ,inspector ,general review4 4 #cbci4 ,repeal of procurement and identification of energy efficient products program 7a7 ,repeal ,section #afa of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;g7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afa4 #cbdj4 ,repeal of national action plan for demand response 7a7 ,repeal ,part #e of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbgi7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #aba ,stat4 #affe7 is amended-- 7#a7 by striking the item relating to part #e of title ,v2 and 7#b7 by striking the item relating to section #ega4 #cbda4 ,repeal of national coal policy study 7a7 ,repeal ,section #gda of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdea7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gda4 #cbdb4 ,repeal of study on compliance problem of small electric utility systems 7a7 ,repeal ,section #gdd of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hded7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdd4 #cbdc4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development 7a7 ,repeal ,section #gdf of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdef7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdf4 #cbdd4 ,repeal of study of the use of petroleum and natural gas in combustors 7a7 ,repeal ,section #gdg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdeg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdg4 #cbde4 ,repeal of submission of reports 7a7 ,repeal ,section #hjg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjg4 #cbdf4 ,repeal of electric utility conservation plan 7a7 ,repeal ,section #hjh of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhd7 is repealed4 7b7 ,conforming amendments 7#a7 ,table of contents ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjh4 7#b7 ,report on implementation ,section #gab of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdbb7 is amended-- 7,a7 by striking 7a7 ,generally4--2 and 7,b7 by striking subsection 7b74 #cbdg4 ,technical amendment to ,powerplant and ,industrial ,fuel ,use ,act of #aigh ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdb4 #cbdh4 ,emergency energy conservation repeals 7a7 ,repeals 7#a7 ,section #bja of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heja7 is amended-- 7,a7 in the section heading1 by striking ,findings and2 7,b7 by striking subsection 7a72 and 7,c7 by striking 7b7 ,purposes4--4 7#b7 ,section #bba of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heba7 is repealed4 7#c7 ,section #bbb of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #hebb7 is repealed4 7#d7 ,section #bda of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heca7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,emergency ,energy ,conservation ,act of #aigi 7,public ,law #if-ajb2 #ic ,stat4 #gdi7 is amended-- 7#a7 by striking the item relating to section #bja and inserting the following3 ,sec4 #bja4 ,purposes4 2 and 7#b7 by striking the items relating to sections #bba1 #bbb1 and #bda4 #cbdi4 ,repeal of ,state utility regulatory assistance 7a7 ,repeal ,section #bjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act 7,public ,law #id-che2 #ij ,stat4 #aabe7 is amended by striking the item relating to section #bjg4 #cbej4 ,repeal of survey of energy saving potential 7a7 ,repeal ,section #eej of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh;b7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #ajf ,stat4 #bhea7 is amended by striking the item relating to section #eej4 7#b7 ,section #edc7;d77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;d77#b77 is amended by striking 1 incorporating any relevant information obtained from the survey conducted pursuant to section #eej4 #cbea4 ,repeal of photovoltaic energy program 7a7 ,repeal ,part #d of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbga et seq47 is repealed4 7b7 ,conforming amendments ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended-- 7#a7 by striking the item relating to part #d of title ,v2 and 7#b7 by striking the items relating to sections #efa through #egj4 #cbeb4 ,repeal of energy auditor training and certification 7a7 ,repeal ,subtitle ,f of title ,v of the ,energy ,security ,act 7#db ,u4,s4,c4 #hbhe et seq47 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,security ,act 7,public ,law #if-bid2 #id ,stat4 #faa7 is amended by striking the items relating to subtitle ,f of title ,v4 #d ,authorization #cbfa ,authorization ,there are authorized to be appropriated1 out of funds authorized under previously enacted laws1 amounts required for carrying out this division and the amendments made by this division4 ,,iv ,changing ,crude ,oil ,market ,conditions #djja4 ,findings ,the ,congress finds the following3 7#a7 ,the ,united ,states has enjoyed a renaissance in energy production1 establishing the ,united ,states as the world's leading oil producer4 7#b7 ,by authorizing crude oil exports1 the ,congress can spur domestic energy production1 create and preserve jobs1 help maintain and strengthen our independent shipping fleet that is essential to national defense1 and generate ,state and ,federal revenues4 7#c7 ,an energy-secure ,united ,states that is a net exporter of energy has the potential to transform the security environment around the world1 notably in ,europe and the ,middle ,east4 7#d7 ,for our ,european allies and ,israel1 the presence of more ,united ,states oil in the market will offer more secure supply options1 which will strengthen ,united ,states strategic alliances and help curtail the use of energy as a political weapon4 7#e7 ,the #fj-ship ,maritime ,security ,fleet is a vital element of our military's strategic sealift and global response capability4 ,it assures ,united ,states-flag ships and ,united ,states crews will be available to support the ,united ,states military when it needs to mobilize to protect our allies1 and is the most prudent and economical solution to meet current and projected sealift requirements for the ,united ,states4 7#f7 ,the ,maritime ,security ,fleet program provides a labor base of skilled ,american mariners who are available to crew the ,united ,states ,government-owned strategic sealift fleet1 as well as the ,united ,states commercial fleet1 in both peace and war4 7#g7 ,the ,united ,states has reduced its oil consumption over the past decade1 and increasing investment in clean energy technology and energy efficiency will lower energy prices1 reduce greenhouse gas emissions1 and increase national security4 #djjb4 ,repeal ,section #ajc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbab7 and the item relating thereto in the table of contents of that ,act are repealed4 #djjc4 ,national policy on oil export restrictions ,notwithstanding any other provision of law1 to promote the efficient exploration1 production1 storage1 supply1 marketing1 pricing1 and regulation of energy resources1 including fossil fuels1 no official of the ,federal ,government shall impose or enforce any restriction on the export of crude oil4 #djjd4 ,studies 7a7 ,greenhouse gas emissions ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,energy shall conduct1 and transmit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the results of1 a study on the net greenhouse gas emissions that will result from the repeal of the crude oil export ban under section #djjb4 7b7 ,crude oil export study 7#a7 ,in general ,the ,department of ,commerce1 in consultation with the ,department of ,energy1 and other departments as appropriate1 shall conduct a study of the ,state and national implications of lifting the crude oil export ban with respect to consumers and the economy4 7#b7 ,contents ,the study conducted under paragraph 7#a7 shall include an analysis of-- 7,a7 the economic impact that exporting crude oil will have on the economy of the ,united ,states2 7,b7 the economic impact that exporting crude oil will have on consumers1 taking into account impacts on energy prices2 7,c7 the economic impact that exporting crude oil will have on domestic manufacturing1 taking into account impacts on employment2 and 7,d7 the economic impact that exporting crude oil will have on the refining sector1 taking into account impacts on employment4 7#c7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,bureau of ,industry and ,security shall submit to ,congress a report containing the results of the study conducted under paragraph 7#a74 #djje4 ,savings clause ,nothing in this title limits the authority of the ,president under the ,constitution1 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq471 the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq471 part ,b of title ,,ii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbga et seq471 the ,trading ,with the ,enemy ,act 7#ej ,u4,s4,c4 ,app4 #a et seq471 or any other provision of law that imposes sanctions on a foreign person or foreign government 7including any provision of law that prohibits or restricts ,united ,states persons from engaging in a transaction with a sanctioned person or government71 including a foreign government that is designated as a state sponsor of terrorism1 to prohibit exports4 #djjf4 ,partnerships with minority serving institutions 7a7 ,in general ,the ,department of ,energy shall continue to develop and broaden partnerships with minority serving institutions1 including ,hispanic ,serving ,institutions 7,,hsi7 and ,historically ,black ,colleges and ,universities 7,h,b,c,us7 in the areas of oil and gas exploration1 production1 midstream1 and refining4 7b7 ,public-,private partnerships ,the ,department of ,energy shall encourage public-private partnerships between the energy sector and minority serving institutions1 including ,hispanic ,serving ,institutions and ,historically ,black ,colleges and ,universities4 #djjg4 ,report ,not later than #aj years after the date of enactment of this ,act1 the ,secretary of ,energy and the ,secretary of ,commerce shall jointly transmit to ,congress a report that reviews the impact of lifting the oil export ban under this title as it relates to promoting ,united ,states energy and national security4 #djjh4 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy and the ,secretary of ,commerce shall jointly transmit to ,congress a report analyzing how lifting the ban on crude oil exports will help create opportunities for veterans and women in the ,united ,states1 while promoting energy and national security4 #djji4 ,prohibition on exports of crude oil1 refined petroleum products1 and petrochemical products to the ,islamic ,republic of ,iran ,nothing in this title shall be construed to authorize the export of crude oil1 refined petroleum products1 and petrochemical products by or through any entity or person1 wherever located1 subject to the jurisdiction of the ,united ,states to any entity or person located in1 subject to the jurisdiction of1 or sponsored by the ,islamic ,republic of ,iran4 ,v ,other ,matters #ejja4 ,assessment of regulatory requirements 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall ensure that the requirements described in subsection 7b7 are satisfied4 7b7 ,requirements ,the ,administrator shall satisfy-- 7#a7 section #d of ,executive ,order ,no4 #abhff 7#e ,u4,s4,c4 #fja note7 7relating to regulatory planning and review7 and ,executive ,order ,no4 #acefc 7#e ,u4,s4,c4 #fja note7 7relating to improving regulation and regulatory review7 7or any successor ,executive order establishing requirements applicable to the uniform reporting of regulatory and deregulatory agendas72 7#b7 section #fjb of title #e1 ,united ,states ,code2 7#c7 section #h of ,executive ,order ,no4 #acacb 7#e ,u4,s4,c4 #fja note7 7relating to federalism72 and 7#d7 section #bjb7;a7 of the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aecb7;a774 #ejjb4 ,definitions ,in this title3 7#a7 ,covered civil action ,the term covered civil action means a civil action containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action 7as defined for the purposes of that section7 affecting a covered energy project on ,federal land4 7#b7 ,covered energy project 7,a7 ,in general ,the term covered energy project means-- 7i7 the leasing of ,federal land for the exploration1 development1 production1 processing1 or transmission of oil1 natural gas1 coal1 geothermal1 hydroelectric1 biomass1 solar1 or any other source of energy2 and 7ii7 any action under the lease4 7,b7 ,exclusion ,the term covered energy project does not include any dispute between the parties to a lease regarding the obligations under the lease1 including any alleged breach of the lease4 #ejjc4 ,exclusive venue for certain civil actions relating to covered energy projects ,venue for any covered civil action shall lie in the ,united ,states district court in which the covered energy project or lease exists or is proposed4 #ejjd4 ,timely filing ,to ensure timely redress by the courts1 a covered civil action shall be filed not later than the end of the #ij-;day period beginning on the date of the final ,federal agency action to which the covered civil action relates4 #ejje4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as practicable4 #ejjf4 ,limitation on injunction and prospective relief 7a7 ,in general ,in a covered civil action1 a court shall not grant or approve any prospective relief unless the court finds that the relief-- 7#a7 is narrowly drawn2 7#b7 extends no further than necessary to correct the violation of a legal requirement2 and 7#c7 is the least intrusive means necessary to correct the violation4 7b7 ,duration 7#a7 ,in general ,a court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than #fj days1 unless the court finds clear reasons to extend the injunction4 7#b7 ,administration ,in the case of an extension1 the extension shall-- 7,a7 only be in #cj-;day increments2 and 7,b7 require action by the court to renew the injunction4 7c7 ,in general ,sections #ejd of title #e and #bdab of title #bh1 ,united ,states ,code 7commonly known as the ,equal ,access to ,justice ,act71 shall not apply to a covered civil action4 7d7 ,court costs ,a party to a covered civil action shall not receive payment from the ,federal ,government for the attorneys' fees1 expenses1 or other court costs incurred by the party4 #ejjg4 ,legal standing ,a challenger that files an appeal with the ,department of the ,interior ,board of ,land ,appeals shall meet the same standing requirements as a challenger before a ,united ,states district court4 #ejjh4 ,study to identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy and the ,secretary of ,commerce shall jointly transmit to the ,committee on ,energy and ,commerce and the ,committee on ,natural ,resources of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate1 the results of a study to-- 7#a7 identify legal and regulatory barriers that delay1 prohibit1 or impede the export of natural energy resources1 including government and technical 7physical or market7 barriers that hinder coal1 natural gas1 oil1 and other energy exports2 and 7#b7 estimate the economic impacts of such barriers4 #ejji4 ,study of volatility of crude oil ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy shall transmit to ,congress the results of a study to determine the maximum level of volatility that is consistent with the safest practicable shipment of crude oil by rail4 #ejaj4 ,smart meter privacy rights 7a7 ,electrical corporation or gas corporations 7#a7 ,for purposes of this section1 electrical or gas consumption data means data about a customer's electrical or natural gas usage that is made available as part of an advanced metering infrastructure1 and includes the name1 account number1 or residence of the customer4 7#b7 7,a7 ,an electrical corporation or gas corporation shall not share1 disclose1 or otherwise make accessible to any third party a customer's electrical or gas consumption data1 except as provided in subsection 7a77#e7 or upon the consent of the customer4 7,b7 ,an electrical corporation or gas corporation shall not sell a customer's electrical or gas consumption data or any other personally identifiable information for any purpose4 7,c7 ,the electrical corporation or gas corporation or its contractors shall not provide an incentive or discount to the customer for accessing the customer's electrical or gas consumption data without the prior consent of the customer4 7,d7 ,an electrical or gas corporation that utilizes an advanced metering infrastructure that allows a customer to access the customer's electrical and gas consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of his or her personally identifiable information1 including electrical or gas consumption data1 with a third party4 7#c7 ,if an electrical corporation or gas corporation contracts with a third party for a service that allows a customer to monitor his or her electricity or gas usage1 and that third party uses the data for a secondary commercial purpose1 the contract between the electrical corporation or gas corporation and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer4 7#d7 ,an electrical corporation or gas corporation shall use reasonable security procedures and practices to protect a customer's unencrypted electrical or gas consumption data from unauthorized access1 destruction1 use1 modification1 or disclosure4 7#e7 7,a7 ,nothing in this section shall preclude an electrical corporation or gas corporation from using customer aggregate electrical or gas consumption data for analysis1 reporting1 or program management if all information has been removed regarding the individual identity of a customer4 7,b7 ,nothing in this section shall preclude an electrical corporation or gas corporation from disclosing a customer's electrical or gas consumption data to a third party for system1 grid1 or operational needs1 or the implementation of demand response1 energy management1 or energy efficiency programs1 provided that1 for contracts entered into after ,january #a1 #bjaf1 the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information1 to protect the personal information from unauthorized access1 destruction1 use1 modification1 or disclosure1 and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer's consent4 7,c7 ,nothing in this section shall preclude an electrical corporation or gas corporation from disclosing electrical or gas consumption data as required or permitted under ,state or ,federal law or by an order of a ,state public utility commission4 7#f7 ,if a customer chooses to disclose his or her electrical or gas consumption data to a third party that is unaffiliated with1 and has no other business relationship with1 the electrical or gas corporation1 the electrical or gas corporation shall not be responsible for the security of that data1 or its use or misuse4 7b7 ,local publicly owned electric utilities 7#a7 ,for purposes of this section1 electrical consumption data means data about a customer's electrical usage that is made available as part of an advanced metering infrastructure1 and includes the name1 account number1 or residence of the customer4 7#b7 7,a7 ,a local publicly owned electric utility shall not share1 disclose1 or otherwise make accessible to any third party a customer's electrical consumption data1 except as provided in subsection 7b7 7#e7 or upon the consent of the customer4 7,b7 ,a local publicly owned electric utility shall not sell a customer's electrical consumption data or any other personally identifiable information for any purpose4 7,c7 ,the local publicly owned electric utility or its contractors shall not provide an incentive or discount to the customer for accessing the customer's electrical consumption data without the prior consent of the customer4 7,d7 ,a local publicly owned electric utility that utilizes an advanced metering infrastructure that allows a customer to access the customer's electrical consumption data shall ensure that the customer has an option to access that data without being required to agree to the sharing of his or her personally identifiable information1 including electrical consumption data1 with a third party4 7#c7 ,if a local publicly owned electric utility contracts with a third party for a service that allows a customer to monitor his or her electricity usage1 and that third party uses the data for a secondary commercial purpose1 the contract between the local publicly owned electric utility and the third party shall provide that the third party prominently discloses that secondary commercial purpose to the customer4 7#d7 ,a local publicly owned electric utility shall use reasonable security procedures and practices to protect a customer's unencrypted electrical consumption data from unauthorized access1 destruction1 use1 modification1 or disclosure1 and prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer's consent4 7#e7 7,a7 ,nothing in this section shall preclude a local publicly owned electric utility from using customer aggregate electrical consumption data for analysis1 reporting1 or program management if all information has been removed regarding the individual identity of a customer4 7,b7 ,nothing in this section shall preclude a local publicly owned electric utility from disclosing a customer's electrical consumption data to a third party for system1 grid1 or operational needs1 or the implementation of demand response1 energy management1 or energy efficiency programs1 provided1 for contracts entered into after ,january #a1 #bjaf1 that the utility has required by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information1 to protect the personal information from unauthorized access1 destruction1 use1 modification1 or disclosure4 7,c7 ,nothing in this section shall preclude a local publicly owned electric utility from disclosing electrical consumption data as required under ,state or ,federal law4 7#f7 ,if a customer chooses to disclose his or her electrical consumption data to a third party that is unaffiliated with1 and has no other business relationship with1 the local publicly owned electric utility1 the utility shall not be responsible for the security of that data1 or its use or misuse4 #ejaa4 ,youth energy enterprise competition ,the ,secretaries of ,energy and ,commerce shall jointly establish an energy enterprise competition to encourage youth to propose solutions to the energy challenges of the ,united ,states and to promote youth interest in careers in science1 technology1 engineering1 and math1 especially as those fields relate to energy4 #ejab4 ,modernization of terms relating to minorities 7a7 ,office of ,minority ,economic ,impact ,section #baa7;f77#a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gada7;f77#a77 is amended by striking a ,negro1 ,puerto ,rican1 ,american ,indian1 ,eskimo1 ,oriental1 or ,aleut or is a ,spanish speaking individual of ,spanish descent and inserting ,asian ,american1 ,african ,american1 ,hispanic1 ,puerto ,rican1 ,native ,american1 or an ,alaska ,native4 7b7 ,minority business enterprises ,section #ajf7;f77#b7 of the ,local ,public ,works ,capital ,development and ,investment ,act of #aigf 7#db ,u4,s4,c4 #fgje7;f77#b77 is amended by striking ,negroes1 ,spanish-speaking1 ,orientals1 ,indians1 ,eskimos1 and ,aleuts and inserting ,asian ,american1 ,african ,american1 ,hispanic1 ,native ,american1 or ,alaska ,natives4 #ejac4 ,voluntary vegetation management outside rights-of-way 7a7 ,authorization ,the ,secretary of the ,interior or the ,secretary of ,agriculture may authorize an owner or operator of an electric transmission or distribution facility to manage vegetation selectively within #aej feet of the exterior boundary of the right-of-way near structures for selective thinning and fuel reduction4 7b7 ,status of removed vegetation ,any vegetation removed pursuant to this section shall be the property of the ,united ,states and not available for sale by the owner or operator4 7c7 ,limitation on liability ,an owner or operator of an electric transmission or distribution facility shall not be held liable for wildlife damage1 loss1 or injury1 including the cost of fire suppression1 resulting from activities carried out pursuant to subsection 7a7 except in the case of harm resulting from the owner or operator's gross negligence or criminal misconduct4 #ejad4 ,repeal of rule for new residential wood heaters ,the final rule entitled ,standards of ,performance for ,new ,residential ,wood ,heaters1 ,new ,residential ,hydronic ,heaters and ,forced-,air ,furnaces published at #hj ,fed4 ,reg4 #acfgb 7,march #af1 #bjae7 shall have no force or effect and shall be treated as if such rule had never been issued4 ,,vi ,promoting ,renewable ,energy with ,shared ,solar #fjja4 ,short title ,this title may be cited as the ,promoting ,renewable ,energy with ,shared ,solar ,act of #bjaf4 #fjjb4 ,provision of interconnection service and net billing service for community solar facilities 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,community solar facilities 7,a7 ,definitions ,in this paragraph3 7i7 ,community solar facility ,the term community solar facility means a solar photovoltaic system that-- 7,i7 allocates electricity to multiple individual electric consumers of an electric utility2 7,,ii7 has a nameplate rating of #b megawatts or less2 and 7,,iii7 is-- 7aa7 owned by the electric utility1 jointly owned1 or third-party-owned2 7bb7 connected to a local distribution facility of the electric utility2 and 7cc7 located on or off the property of a consumer of the electricity4 7ii7 ,interconnection service ,the term interconnection service means a service provided by an electric utility to an electric consumer1 in accordance with the standards described in paragraph 7#ae71 through which a community solar facility is connected to an applicable local distribution facility4 7iii7 ,net billing service ,the term net billing service means a service provided by an electric utility to an electric consumer through which electric energy generated for that electric consumer from a community solar facility may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period4 7,b7 ,requirement ,on receipt of a request of an electric consumer served by the electric utility1 each electric utility shall make available to the electric consumer interconnection service and net billing service for a community solar facility4 4 7b7 ,compliance 7#a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7#b7 ,failure to comply 7,a7 ,in general ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7i7 by striking such paragraph 7#ad7 and all that follows through paragraphs 7#af7 and inserting such paragraph 7#ad74 ,in the case of the standard established by paragraph 7#ae7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of that paragraph 7#ae74 ,in the case of the standards established by paragraphs 7#af72 and 7ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of that paragraph 7#bj744 7,b7 ,technical correction 7i7 ,in general ,section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 is amended by striking paragraph 7#b74 7ii7 ,treatment ,the amendment made by paragraph 7#b7 of section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 7as in effect on the day before the date of enactment of this ,act7 is void1 and section #aab7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 shall be in effect as if those amendments had not been enacted4 7#c7 ,prior ,state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility4 4 7,b7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policy ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of that paragraph 7#bj744 ,,vii ,marine ,hydrokinetic #gjja4 ,definition of marine and hydrokinetic renewable energy ,section #fcb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa7 is amended in the matter preceding paragraph 7#a7 by striking electrical4 #gjjb4 ,marine and hydrokinetic renewable energy research and development ,section #fcc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbab7 is amended to read as follows3 #fcc4 ,marine and hydrokinetic renewable energy research and development ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,federal ,energy ,regulatory ,commission1 shall carry out a program of research1 development1 demonstration1 and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the ,united ,states energy supply1 giving priority to fostering accelerated research1 development1 and commercialization of technology1 including-- 7#a7 to assist technology development to improve the components1 processes1 and systems used for power generation from marine and hydrokinetic renewable energy resources2 7#b7 to establish critical testing infrastructure necessary-- 7,a7 to cost effectively and efficiently test and prove the efficacy of marine and hydrokinetic renewable energy devices2 and 7,b7 to accelerate the technological readiness and commercialization of those devices2 7#c7 to support efforts to increase the efficiency of energy conversion1 lower the cost1 increase the use1 improve the reliability1 and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects2 7#d7 to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid2 7#e7 to identify and study critical short- and long-term needs to create a sustainable marine and hydrokinetic renewable energy supply chain based in the ,united ,states2 7#f7 to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies2 7#g7 to verify the performance1 reliability1 maintainability1 and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories1 and to coordinate public-private collaboration in all programs under this section2 7#i7 to identify opportunities for joint research and development programs and development of economies of scale between-- 7,a7 marine and hydrokinetic renewable energy technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 and 7#aj7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 to encourage international research centers and international companies to participate in the development of water technology in the ,united ,states and to encourage ,united ,states research centers and ,united ,states companies to participate in water technology projects abroad4 4 #gjjc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd7;b7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7;b77 is amended to read as follows3 7b7 ,purposes ,a ,center 7in coordination with the ,department and ,national ,laboratories7 shall-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine and hydrokinetic renewable energy technologies2 7#b7 support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies1 including facilities capable of testing-- 7,a7 marine and hydrokinetic renewable energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 and 7,c7 arrays of technology devices2 and 7#c7 serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy resources and energy systems4 4 #gjjd4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #bjjh through #bjab and inserting #bjaf through #bjai4 ,,viii ,extensions of ,time for ,various ,federal ,energy ,regulatory ,commission ,projects #hjja4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,clark ,canyon ,dam ,notwithstanding the time period described in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abdbi1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall1 at the request of the licensee for the project1 and after reasonable notice and in accordance with the procedures of the ,commission under that section1 reinstate the license and extend the time period during which the licensee is required to commence construction of project works for the #c-year period beginning on the date of enactment of this ,act4 #hjjb4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,gibson ,dam 7a7 ,in general ,notwithstanding the requirements of section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abdgh-jjc1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 may1 at the request of the licensee for the project1 and after reasonable notice and in accordance with the procedures of the ,commission under that section1 extend the time period during which the licensee is required to commence construction of the project for a #f-year period that begins on the date described in subsection 7b74 7b7 ,date described ,the date described in this subsection is the date of the expiration of the extension of the period required for commencement of construction for the project described in subsection 7a7 that was issued by the ,commission prior to the date of enactment of this ,act under section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf74 #hjjc4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,jennings ,randolph ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abgae1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to three consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 ,any obligation of the licensee for the payment of annual charges under section #aj7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;e77 shall commence upon conclusion of the time period to commence construction of the project1 as extended by the ,commission under this subsection4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission shall reinstate the license effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 #hjjd4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,cannonsville ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #acbhg1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to four consecutive #b-year periods from the date of the expiration of the time period required for commencement of construction prescribed in the license4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission may reinstate the license effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 #hjje4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,gathright ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abgcg1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to three consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission may reinstate the license for the project effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 #hjjf4 ,extension of time for ,federal ,energy ,regulatory ,commission project involving ,flannagan ,dam 7a7 ,in general ,notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abgdj1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the ,commission's procedures under that section1 extend the time period during which the licensee is required to commence the construction of the project for up to three consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 7b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in subsection 7a7 has expired prior to the date of the enactment of this ,act1 the ,commission may reinstate the license for the project effective as of the date of its expiration and the first extension authorized under subsection 7a7 shall take effect on the date of such expiration4 ,,ix ,energy and ,manufacturing ,workforce ,development #ijja4 ,energy and manufacturing workforce development 7a7 ,in general ,the ,secretary of ,energy 7in this title referred to as the ,secretary7 shall prioritize education and training for energy and manufacturing-related jobs in order to increase the number of skilled workers trained to work in energy and manufacturing-related fields when considering awards for existing grant programs1 including by-- 7#a7 encouraging ,state education agencies and local educational agencies to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the ,nation's energy and manufacturing industries1 in collaboration with representatives from the energy and manufacturing industries 7including the oil1 gas1 coal1 nuclear1 utility1 pipeline1 renewable1 petrochemical1 manufacturing1 and electrical construction sectors7 to identify the areas of highest need in each sector and the skills necessary for a high quality workforce in the following sectors of energy and manufacturing3 7,a7 ,energy efficiency industry1 including work in energy efficiency1 conservation1 weatherization1 or retrofitting1 or as inspectors or auditors4 7,b7 ,pipeline industry1 including work in pipeline construction and maintenance or work as engineers or technical advisors4 7,c7 ,utility industry1 including work in the generation1 transmission1 and distribution of electricity and natural gas1 such as utility technicians1 operators1 lineworkers1 engineers1 scientists1 and information technology specialists4 7,d7 ,nuclear industry1 including work as scientists1 engineers1 technicians1 mathematicians1 or security personnel4 7,e7 ,oil and gas industry1 including work as scientists1 engineers1 technicians1 mathematicians1 petrochemical engineers1 or geologists4 7,f7 ,renewable industry1 including work in the development1 manufacturing1 and production of renewable energy sources 7such as solar1 hydropower1 wind1 or geothermal energy74 7,g7 ,coal industry1 including work as coal miners1 engineers1 developers and manufacturers of state-of-the-art coal facilities1 technology vendors1 coal transportation workers and operators1 or mining equipment vendors4 7,h7 ,manufacturing industry1 including work as operations technicians1 operations and design in additive manufacturing1 #c-;,d printing1 advanced composites1 and advanced aluminum and other metal alloys1 industrial energy efficiency management systems1 including power electronics1 and other innovative technologies4 7,i7 ,chemical manufacturing industry1 including work in construction 7such as welders1 pipefitters1 and tool and die makers7 or as instrument and electrical technicians1 machinists1 chemical process operators1 chemical engineers1 quality and safety professionals1 and reliability engineers2 and 7#b7 strengthening and more fully engaging ,department of ,energy programs and labs in carrying out the ,department's workforce development initiatives including the ,minorities in ,energy ,initiative4 7b7 ,prohibition ,nothing in this section shall be construed to authorize the ,secretary or any other officer or employee of the ,federal ,government to incentivize1 require1 or coerce a ,state1 school district1 or school to adopt curricula aligned to the skills described in subsection 7a74 7c7 ,priority ,the ,secretary shall prioritize the education and training of underrepresented groups in energy and manufacturing-related jobs4 7d7 ,clearinghouse ,in carrying out this section1 the ,secretary shall establish a clearinghouse to-- 7#a7 maintain and update information and resources on training and workforce development programs for energy and manufacturing-related jobs1 including job training and workforce development programs available to assist displaced and unemployed energy and manufacturing workers transitioning to new employment2 and 7#b7 provide technical assistance for ,states1 local educational agencies1 schools1 community colleges1 universities 7including minority serving institutions71 workforce development programs1 labor-management organizations1 and industry organizations that would like to develop and implement energy and manufacturing-related training programs4 7e7 ,collaboration ,in carrying out this section1 the ,secretary-- 7#a7 shall collaborate with ,states1 local educational agencies1 schools1 community colleges1 universities 7including minority serving institutions71 workforce-training organizations1 national laboratories1 ,state energy offices1 workforce investment boards1 and the energy and manufacturing industries2 7#b7 shall encourage and foster collaboration1 mentorships1 and partnerships among organizations 7including industry1 ,states1 local educational agencies1 schools1 community colleges1 workforce-development organizations1 and colleges and universities7 that currently provide effective job training programs in the energy and manufacturing fields and entities 7including ,states1 local educational agencies1 schools1 community colleges1 workforce development programs1 and colleges and universities7 that seek to establish these types of programs in order to share best practices2 and 7#c7 shall collaborate with the ,bureau of ,labor ,statistics1 the ,department of ,commerce1 the ,bureau of the ,census1 ,states1 and the energy and manufacturing industries to develop a comprehensive and detailed understanding of the energy and manufacturing workforce needs and opportunities by ,state and by region4 7f7 ,outreach to minority serving institutions ,in carrying out this section1 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to minority serving institutions and ,historically ,black ,colleges and ,universities2 7#b7 make existing resources available through program cross-cutting to minority serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors2 7#c7 encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work_/study programs2 and 7#d7 partner with the ,department of ,energy laboratories to increase underrepresented groups' participation in internships1 fellowships1 traineeships1 and employment at all ,department of ,energy laboratories4 7g7 ,outreach to dislocated energy and manufacturing workers ,in carrying out this section1 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to employers and job trainers preparing dislocated energy and manufacturing workers for in-demand sectors or occupations2 7#b7 make existing resources available through program cross-cutting to institutions serving dislocated energy and manufacturing workers with the objective of training individuals to re-enter in-demand sectors or occupations2 7#c7 encourage the energy and manufacturing industries to improve opportunities for dislocated energy and manufacturing workers to participate in career pathways2 and 7#d7 work closely with the energy and manufacturing industries to identify energy and manufacturing operations1 such as coal-fired power plants and coal mines1 scheduled for closure and to provide early intervention assistance to workers employed at such energy and manufacturing operations by-- 7,a7 partnering with ,state and local workforce development boards2 7,b7 giving special consideration to employers and job trainers preparing such workers for in-demand sectors or occupations2 7,c7 making existing resources available through program cross-cutting to institutions serving such workers with the objective of training them to re-enter in-demand sectors or occupations2 and 7,d7 encouraging the energy and manufacturing industries to improve opportunities for such workers to participate in career pathways4 7h7 ,enrollment in workforce development programs ,in carrying out this section1 the ,secretary shall work with industry and community-based workforce organizations to help identify candidates1 including from underrepresented communities such as minorities1 women1 and veterans1 to enroll in workforce development programs for energy and manufacturing-related jobs4 7i7 ,prohibition ,nothing in this section shall be construed as authorizing the creation of a new workforce development program4 7j7 ,definitions ,in this section3 7#a7 ,career pathways2 dislocated worker2 in-demand sectors or occupations2 local workforce development board2 ,state workforce development board ,the terms career pathways1 dislocated worker1 in-demand sectors or occupations1 local workforce development board1 and ,state workforce development board have the meanings given the terms career pathways1 dislocated worker1 in-demand sectors or occupations1 local board1 and ,state board1 respectively1 in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,minority-serving institution ,the term minority-serving institution means an institution of higher education with a designation of one of the following3 7,a7 ,hispanic-serving institution 7as defined in #bj ,u4,s4,c4#aaja;a7a77#e774 7,b7 ,tribal ,college or ,university 7as defined in #bj ,u4,s4,c4#ajei;c7b774 7,c7 ,alaska ,native-serving institution or a ,native ,hawaiian-serving institution 7as defined in #bj ,u4,s4,c4#ajei;d7b774 7,d7 ,predominantly ,black ,institution 7as defined in #bj ,u4,s4,c4#ajei;e7b774 7,e7 ,native ,american-serving nontribal institution 7as defined in #bj ,u4,s4,c4#ajei;f7b774 7,f7 ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in #bj ,u4,s4,c4#ajei;g7b774 #ijjb4 ,report ,five years after the date of enactment of this ,act1 the ,secretary shall publish a comprehensive report to the ,committee on ,energy and ,commerce and the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,senate ,energy and ,natural ,resources ,committee on the outlook for energy and manufacturing sectors nationally4 ,the report shall also include a comprehensive summary of energy and manufacturing job creation as a result of the enactment of this title4 ,the report shall include performance data regarding the number of program participants served1 the percentage of participants in competitive integrated employment two quarters and four quarters after program completion1 the median income of program participants two quarters and four quarters after program completion1 and the percentage of program participants receiving industry-recognized credentials4 #ijjc4 ,use of existing funds ,no additional funds are authorized to carry out the requirements of this title4 ,such requirements shall be carried out using amounts otherwise authorized4 ,b ,resilient ,federal ,forests #a4 ,short title ,this division may be cited as the ,resilient ,federal ,forests ,act of #bjaf4 #b4 ,definitions ,in titles ,i through ,,viii of this division3 7#a7 ,catastrophic event ,the term catastrophic event means any natural disaster 7such as hurricane1 tornado1 windstorm1 snow or ice storm1 rain storm1 high water1 wind-driven water1 tidal wave1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 or insect or disease outbreak7 or any fire1 flood1 or explosion1 regardless of cause4 7#b7 ,categorical exclusion ,the term categorical exclusion refers to an exception to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 for a project or activity relating to the management of ,national ,forest ,system lands or public lands4 7#c7 ,collaborative process ,the term collaborative process refers to a process relating to the management of ,national ,forest ,system lands or public lands by which a project or activity is developed and implemented by the ,secretary concerned through collaboration with interested persons1 as described in section #fjc7;b77#a77;,c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7b77#a77;,c774 7#d7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given that term in section #aja7c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa7c774 7#e7 ,coos ,bay ,wagon ,road ,grant lands ,the term ,coos ,bay ,wagon ,road ,grant lands means the lands reconveyed to the ,united ,states pursuant to the first section of the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi74 7#f7 ,forest management activity ,the term forest management activity means a project or activity carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands in concert with the forest plan covering the lands4 7#g7 ,forest plan ,the term forest plan means-- 7,a7 a land use plan prepared by the ,bureau of ,land ,management for public lands pursuant to section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab72 or 7,b7 a land and resource management plan prepared by the ,forest ,service for a unit of the ,national ,forest ,system pursuant to section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#h7 ,large-scale catastrophic event ,the term large-scale catastrophic event means a catastrophic event that adversely impacts at least #e1jjj acres of reasonably contiguous ,national ,forest ,system lands or public lands4 7#i7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#aj7 ,oregon and ,california ,railroad ,grant lands ,the term ,oregon and ,california ,railroad ,grant lands means the following lands3 7,a7 ,all lands in the ,state of ,oregon revested in the ,united ,states under the ,act of ,june #i1 #aiaf 7#ci ,stat4 #bah71 that are administered by the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 pursuant to the first section of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a74 7,b7 ,all lands in that ,state obtained by the ,secretary of the ,interior pursuant to the land exchanges authorized and directed by section #b of the ,act of ,june #bd1 #aied 7#dc ,u4,s4,c4 #aaha;h74 7,c7 ,all lands in that ,state acquired by the ,united ,states at any time and made subject to the provisions of title ,,ii of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;f74 7#aa7 ,public lands ,the term public lands has the meaning given that term in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;e771 except that the term includes ,coos ,bay ,wagon ,road ,grant lands and ,oregon and ,california ,railroad ,grant lands4 7#ab7 ,reforestation activity ,the term reforestation activity means a project or activity carried out by the ,secretary concerned whose primary purpose is the reforestation of impacted lands following a large-scale catastrophic event4 ,the term includes planting1 evaluating and enhancing natural regeneration1 clearing competing vegetation1 and other activities related to reestablishment of forest species on the fire-impacted lands4 7#ac7 ,resource advisory committee ,the term resource advisory committee has the meaning given that term in section #bja7c7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba7c774 7#ad7 ,salvage operation ,the term salvage operation means a forest management activity undertaken in response to a catastrophic event whose primary purpose-- 7,a7 is to prevent wildfire as a result of the catastrophic event1 or1 if the catastrophic event was wildfire1 to prevent a re-burn of the fire-impacted area2 7,b7 is to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event2 or 7,c7 is to provide a funding source for reforestation and other restoration activities for the ,national ,forest ,system lands or public lands impacted by the catastrophic event4 7#ae7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands2 and 7,b7 the ,secretary of the ,interior1 with respect to public lands4 ,i ,expedited ,environmental ,analysis and ,availability of ,categorical ,exclusions to ,expedite ,forest ,management ,activities #aja4 ,analysis of only two alternatives 7action versus no action7 in proposed collaborative forest management activities 7a7 ,application to certain ,environmental ,assessments and ,environmental ,impact ,statements ,this section shall apply whenever the ,secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a forest management activity that-- 7#a7 is developed through a collaborative process2 7#b7 is proposed by a resource advisory committee2 or 7#c7 is covered by a community wildfire protection plan4 7b7 ,consideration of ,alternatives ,in an environmental assessment or environmental impact statement described in subsection 7a71 the ,secretary concerned shall study1 develop1 and describe only the following two alternatives3 7#a7 ,the forest management activity1 as proposed pursuant to paragraph 7#a71 7#b71 or 7#c7 of subsection 7a74 7#b7 ,the alternative of no action4 7c7 ,elements of ,non-,action ,alternative ,in the case of the alternative of no action1 the ,secretary concerned shall evaluate-- 7#a7 the effect of no action on-- 7,a7 forest health2 7,b7 habitat diversity2 7,c7 wildfire potential2 and 7,d7 insect and disease potential2 and 7#b7 the implications of a resulting decline in forest health1 loss of habitat diversity1 wildfire1 or insect or disease infestation1 given fire and insect and disease historic cycles1 on-- 7,a7 domestic water costs2 7,b7 wildlife habitat loss2 and 7,c7 other economic and social factors4 #ajb4 ,categorical exclusion to expedite certain critical response actions 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary concerned to develop and carry out a forest management activity on ,national ,forest ,system lands or public lands when the primary purpose of the forest management activity is-- 7#a7 to address an insect or disease infestation2 7#b7 to reduce hazardous fuel loads2 7#c7 to protect a municipal water source2 7#d7 to maintain1 enhance1 or modify critical habitat to protect it from catastrophic disturbances2 7#e7 to increase water yield2 or 7#f7 any combination of the purposes specified in paragraphs 7#a7 through 7#e74 7b7 ,acreage limitations 7#a7 ,in general ,except in the case of a forest management activity described in paragraph 7#b71 a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #e1jjj acres4 7#b7 ,larger areas authorized ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #ae1jjj acres if the forest management activity-- 7,a7 is developed through a collaborative process2 7,b7 is proposed by a resource advisory committee2 or 7,c7 is covered by a community wildfire protection plan4 #ajc4 ,categorical exclusion to expedite salvage operations in response to catastrophic events 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary concerned to develop and carry out a salvage operation as part of the restoration of ,national ,forest ,system lands or public lands following a catastrophic event4 7b7 ,acreage limitations 7#a7 ,in general ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #e1jjj acres4 7#b7 ,harvest area ,in addition to the limitation imposed by paragraph 7#a71 the harvest units covered by the categorical exclusion granted by subsection 7a7 may not exceed one-third of the area impacted by the catastrophic event4 7c7 ,additional requirements 7#a7 ,road building ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 may not include any new permanent roads4 ,temporary roads constructed as part of the salvage operation shall be retired before the end of the fifth fiscal year beginning after the completion of the salvage operation4 7#b7 ,stream buffers ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the ,regional ,forester1 in the case of ,national ,forest ,system lands1 or the ,state ,director of the ,bureau of ,land ,management1 in the case of public lands4 7#c7 ,reforestation plan ,a reforestation plan shall be developed under section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act2 #af ,u4,s4,c4 #egf;b71 as part of a salvage operation covered by the categorical exclusion granted by subsection 7a74 #ajd4 ,categorical exclusion to meet forest plan goals for early successional forests 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary concerned to develop and carry out a forest management activity on ,national ,forest ,system lands or public lands when the primary purpose of the forest management activity is to modify1 improve1 enhance1 or create early successional forests for wildlife habitat improvement and other purposes1 consistent with the applicable forest plan4 7b7 ,project goals ,to the maximum extent practicable1 the ,secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species1 as identified in the forest plan and consistent with the capability of the activity site4 7c7 ,acreage limitations ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #e1jjj acres4 #aje4 ,clarification of existing categorical exclusion authority related to insect and disease infestation ,section #fjc7;c77#b77;,b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7c77#b77;,b77 is amended by striking ,fire ,regime ,groups ,i1 ,,ii1 or ,,iii and inserting ,fire ,regime ,i1 ,fire ,regime ,,ii1 ,fire ,regime ,,iii1 or ,fire ,regime ,,iv4 #ajf4 ,categorical exclusion to improve1 restore1 and reduce the risk of wildfire 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary concerned to carry out a forest management activity described in subsection 7c7 on ,national ,forest ,system ,lands or public lands when the primary purpose of the activity is to improve1 restore1 or reduce the risk of wildfire on those lands4 7b7 ,acreage limitations ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not exceed #e1jjj acres4 7c7 ,authorized activities ,the following activities may be carried out using a categorical exclusion granted by subsection 7a73 7#a7 ,removal of juniper trees1 medusahead rye1 conifer trees1 pion pine trees1 cheatgrass1 and other noxious or invasive weeds specified on ,federal or ,state noxious weeds lists through late-season livestock grazing1 targeted livestock grazing1 prescribed burns1 and mechanical treatments4 7#b7 ,performance of hazardous fuels management4 7#c7 ,creation of fuel and fire breaks4 7#d7 ,modification of existing fences in order to distribute livestock and help improve wildlife habitat4 7#e7 ,installation of erosion control devices4 7#f7 ,construction of new and maintenance of permanent infrastructure1 including stock ponds1 water catchments1 and water spring boxes used to benefit livestock and improve wildlife habitat4 7#g7 ,performance of soil treatments1 native and non-native seeding1 and planting of and transplanting sagebrush1 grass1 forb1 shrub1 and other species4 7#h7 ,use of herbicides1 so long as the ,secretary concerned determines that the activity is otherwise conducted consistently with agency procedures1 including any forest plan applicable to the area covered by the activity4 7d7 ,definitions ,in this section3 7#a7 ,hazardous fuels management ,the term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire4 7#b7 ,late-season grazing ,the term late-season grazing means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year4 7#c7 ,targeted livestock grazing ,the term targeted livestock grazing means grazing used for purposes of hazardous fuel reduction4 #ajg4 ,compliance with forest plan ,a forest management activity covered by a categorical exclusion granted by this title shall be conducted in a manner consistent with the forest plan applicable to the ,national ,forest ,system land or public lands covered by the forest management activity4 ,,ii ,salvage and ,reforestation in ,response to ,catastrophic ,events #bja4 ,expedited salvage operations and reforestation activities following large-scale catastrophic events 7a7 ,expedited environmental assessment ,notwithstanding any other provision of law1 any environmental assessment prepared by the ,secretary concerned pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a salvage operation or reforestation activity proposed to be conducted on ,national ,forest ,system lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within #c months after the conclusion of the catastrophic event4 7b7 ,expedited implementation and completion ,in the case of reforestation activities conducted on ,national ,forest ,system lands or public lands adversely impacted by a large-scale catastrophic event1 the ,secretary concerned shall achieve reforestation of at least #ge percent of the impacted lands during the #e-year period following the conclusion of the catastrophic event4 7c7 ,availability of ,knutson-,vandenberg funds ,amounts in the special fund established pursuant to section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act2 #af ,u4,s4,c4 #egf;b7 shall be available to the ,secretary of ,agriculture for reforestation activities authorized by this title4 7d7 ,timeline for ,public ,input ,process ,notwithstanding any other provision of law1 in the case of a salvage operation or reforestation activity proposed to be conducted on ,national ,forest ,system lands or public lands adversely impacted by a large-scale catastrophic event1 the ,secretary concerned shall allow #cj days for public scoping and comment1 #ae days for filing an objection1 and #ae days for the agency response to the filing of an objection4 ,upon completion of this process and expiration of the period specified in subsection 7a71 the ,secretary concerned shall implement the project immediately4 #bjb4 ,compliance with forest plan ,a salvage operation or reforestation activity authorized by this title shall be conducted in a manner consistent with the forest plan applicable to the ,national ,forest ,system lands or public lands covered by the salvage operation or reforestation activity4 #bjc4 ,prohibition on restraining orders1 preliminary injunctions1 and injunctions pending appeal ,no restraining order1 preliminary injunction1 or injunction pending appeal shall be issued by any court of the ,united ,states with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event4 ,section #gje of title #e1 ,united ,states ,code1 shall not apply to any challenge to the salvage operation or reforestation activity4 #bjd4 ,exclusion of certain lands ,in applying this title1 the ,secretary concerned may not carry out salvage operations or reforestation activities on ,national ,forest ,system lands or public lands-- 7#a7 that are included in the ,national ,wilderness ,preservation ,system2 7#b7 that are located within an inventoried roadless area unless the reforestation activity is consistent with the forest plan2 or 7#c7 on which timber harvesting for any purpose is prohibited by statute4 ,,iii ,collaborative ,project ,litigation ,requirement #cja4 ,definitions ,in this title3 7#a7 ,costs ,the term costs refers to the fees and costs described in section #aibj of title #bh1 ,united ,states ,code4 7#b7 ,expenses ,the term expenses includes the expenditures incurred by the staff of the ,secretary concerned in preparing for and responding to a legal challenge to a collaborative forest management activity and in participating in litigation that challenges the forest management activity1 including such staff time as may be used to prepare the administrative record1 exhibits1 declarations1 and affidavits in connection with the litigation4 #cjb4 ,bond requirement as part of legal challenge of certain forest management activities 7a7 ,bond required ,in the case of a forest management activity developed through a collaborative process or proposed by a resource advisory committee1 any plaintiff or plaintiffs challenging the forest management activity shall be required to post a bond or other security equal to the anticipated costs1 expenses1 and attorneys fees of the ,secretary concerned as defendant1 as reasonably estimated by the ,secretary concerned4 ,all proceedings in the action shall be stayed until the required bond or security is provided4 7b7 ,recovery of litigation costs1 expenses1 and attorneys fees 7#a7 ,motion for payment ,if the ,secretary concerned prevails in an action challenging a forest management activity described in subsection 7a71 the ,secretary concerned shall submit to the court a motion for payment1 from the bond or other security posted under subsection 7a7 in such action1 of the reasonable costs1 expenses1 and attorneys fees incurred by the ,secretary concerned4 7#b7 ,maximum amount recovered ,the amount of costs1 expenses1 and attorneys fees recovered by the ,secretary concerned under paragraph 7#a7 as a result of prevailing in an action challenging the forest management activity may not exceed the amount of the bond or other security posted under subsection 7a7 in such action4 7#c7 ,return of remainder ,any funds remaining from the bond or other security posted under subsection 7a7 after the payment of costs1 expenses1 and attorneys fees under paragraph 7#a7 shall be returned to the plaintiff or plaintiffs that posted the bond or security in the action4 7c7 ,return of bond to prevailing plaintiff 7#a7 ,in general ,if the plaintiff ultimately prevails on the merits in every action brought by the plaintiff challenging a forest management activity described in subsection 7a71 the court shall return to the plaintiff any bond or security provided by the plaintiff under subsection 7a71 plus interest from the date the bond or security was provided4 7#b7 ,ultimately prevails on the merits ,in this subsection1 the phrase ultimately prevails on the merits means1 in a final enforceable judgment on the merits1 a court rules in favor of the plaintiff on every cause of action in every action brought by the plaintiff challenging the forest management activity4 7d7 ,effect of settlement ,if a challenge to a forest management activity described in subsection 7a7 for which a bond or other security was provided by the plaintiff under such subsection is resolved by settlement between the ,secretary concerned and the plaintiff1 the settlement agreement shall provide for sharing the costs1 expenses1 and attorneys fees incurred by the parties4 7e7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,united ,states ,treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity described in subsection 7a74 ,,iv ,secure ,rural ,schools and ,community ,self-,determination ,act ,amendments #dja4 ,use of reserved funds for title ,,ii projects on ,federal land and certain non-,federal land 7a7 ,repeal of ,merchantable timber contracting pilot program ,section #bjd7;e7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabd7;e77 is amended by striking paragraph 7#c74 7b7 ,requirements for project funds ,section #bjd of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabd7 is amended by striking subsection 7f7 and inserting the following new subsection3 7f7 ,requirements for project funds 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary concerned shall ensure that at least #ej percent of the project funds reserved by a participating county under section #ajb7;d7 shall be available only for projects that-- 7,a7 include the sale of timber or other forest products1 reduce fire risks1 or improve water supplies2 and 7,b7 implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality4 7#b7 ,applicability ,the requirement in paragraph 7#a7 shall apply only to project funds reserved by a participating county whose boundaries include ,federal land that the ,secretary concerned determines has been subject to a timber or other forest products program within #e fiscal years before the fiscal year in which the funds are reserved4 4 #djb4 ,resource advisory committees 7a7 ,recognition of resource advisory committees ,section #bje7;a77#d7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;a77#d77 is amended by striking #bjab each place it appears and inserting #bjbj4 7b7 ,temporary reduction in composition of committees ,section #bje7;d7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking ,each and inserting ,except during the period specified in paragraph 7#f71 each2 and 7#b7 by adding at the end the following new paragraph3 7#f7 ,temporary reduction in minimum number of members 7,a7 ,temporary reduction ,during the period beginning on the date of the enactment of this paragraph and ending on ,september #cj1 #bjbj1 a resource advisory committee established under this section may be comprised of nine or more members1 of which-- 7i7 at least three shall be representative of interests described in subparagraph 7,a7 of paragraph 7#b72 7ii7 at least three shall be representative of interests described in subparagraph 7,b7 of paragraph 7#b72 and 7iii7 at least three shall be representative of interests described in subparagraph 7,c7 of paragraph 7#b74 7,b7 ,additional requirements ,in appointing members of a resource advisory committee from the three categories described in paragraph 7#b71 as provided in subparagraph 7,a71 the ,secretary concerned shall ensure balanced and broad representation in each category4 ,in the case of a vacancy on a resource advisory committee1 the vacancy shall be filled within #ij days after the date on which the vacancy occurred4 ,appointments to a new resource advisory committee shall be made within #ij days after the date on which the decision to form the new resource advisory committee was made4 7,c7 ,charter ,a charter for a resource advisory committee with #ae members that was filed on or before the date of the enactment of this paragraph shall be considered to be filed for a resource advisory committee described in this paragraph4 ,the charter of a resource advisory committee shall be reapproved before the expiration of the existing charter of the resource advisory committee4 ,in the case of a new resource advisory committee1 the charter of the resource advisory committee shall be approved within #ij days after the date on which the decision to form the new resource advisory committee was made4 4 7c7 ,conforming change to project approval requirements ,section #bje7;e77#c7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;e77#c77 is amended by adding at the end the following new sentence3 ,in the case of a resource advisory committee consisting of fewer than #ae members1 as authorized by subsection 7d77#f71 a project may be proposed to the ,secretary concerned upon approval by a majority of the members of the committee1 including at least one member from each of the three categories described in subsection 7d77#b744 7d7 ,expanding local participation on committees ,section #bje7;d7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;d77 is amended-- 7#a7 in paragraph 7#c71 by inserting before the period at the end the following3 1 consistent with the requirements of paragraph 7#d72 and 7#b7 by striking paragraph 7#d7 and inserting the following new paragraph3 7#d7 ,geographic distribution ,the members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction or an adjacent county4 4 #djc4 ,program for title ,,ii self-sustaining resource advisory committee projects 7a7 ,self-,sustaining resource advisory committee projects ,title ,,ii of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba et seq47 is amended by adding at the end the following new section3 #bji4 ,program for self-sustaining resource advisory committee projects 7a7 ,,rac program ,the ,chief of the ,forest ,service shall conduct a program 7to be known as the self-sustaining resource advisory committee program or ,,rac program7 under which #aj resource advisory committees will propose projects authorized by subsection 7c7 to be carried out using project funds reserved by a participating county under section #ajb7;d74 7b7 ,selection of participating resource advisory committees ,the selection of resource advisory committees to participate in the ,,rac program is in the sole discretion of the ,chief of the ,forest ,service1 except that1 consistent with section #bje7;d77#f71 a selected resource advisory committee must have a minimum of six members4 7c7 ,authorized projects ,notwithstanding the project purposes specified in sections #bjb7;b71 #bjc7;c71 and #bjd7;a77#e71 projects under the ,,rac program are intended to-- 7#a7 accomplish forest management objectives or support community development2 and 7#b7 generate receipts4 7d7 ,deposit and availability of revenues ,any revenue generated by a project conducted under the ,,rac program1 including any interest accrued from the revenues1 shall be-- 7#a7 deposited in the special account in the ,treasury established under section #ajb7;d77#b77;,a72 and 7#b7 available1 in such amounts as may be provided in advance in appropriation ,acts1 for additional projects under the ,,rac program4 7e7 ,termination of authority 7#a7 ,in general ,the authority to initiate a project under the ,,rac program shall terminate on ,september #cj1 #bjbj4 7#b7 ,deposits in treasury ,any funds available for projects under the ,,rac program and not obligated by ,september #cj1 #bjba1 shall be deposited in the ,treasury of the ,united ,states4 4 7b7 ,exception to general rule regarding treatment of receipts ,section #djc7;b7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaec7;b77 is amended by striking ,all revenues and inserting ,except as provided in section #bji1 all revenues4 #djd4 ,additional authorized use of reserved funds for title ,,iii county projects ,section #cjb7;a7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gadb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by inserting and law enforcement patrols after including firefighting2 and 7,b7 by striking and at the end2 7#b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#c7 by inserting after paragraph 7#b7 the following new paragraph 7#c73 7#c7 to cover training costs and equipment purchases directly related to the emergency services described in paragraph 7#b72 and 4 #dje4 ,treatment as supplemental funding ,section #ajb of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaab7 is amended by adding at the end the following new subsection3 7f7 ,treatment as supplemental funding ,none of the funds made available to a beneficiary county or other political subdivision of a ,state under this ,act shall be used in lieu of or to otherwise offset ,state funding sources for local schools1 facilities1 or educational purposes4 4 ,v ,stewardship ,end ,result ,contracting #eja4 ,cancellation ceilings for stewardship end result contracting projects 7a7 ,cancellation ceilings ,section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7 is amended-- 7#a7 by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively2 and 7#b7 by inserting after subsection 7g7 the following new subsection 7h73 7h7 ,cancellation ceilings 7#a7 ,in general ,the ,chief and the ,director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection 7b7 in stages that are economically or programmatically viable4 7#b7 ,advance notice to congress of cancellation ceiling in excess of #be million ,not later than #cj days before entering into a multiyear agreement or contract under subsection 7b7 that includes a cancellation ceiling in excess of #be million1 but does not include proposed funding for the costs of cancelling the agreement or contract up to such cancellation ceiling1 the ,chief or the ,director1 as the case may be1 shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,natural ,resources and the ,committee on ,agriculture of the ,house of ,representatives a written notice that includes-- 7,a7 the cancellation ceiling amounts proposed for each program year in the agreement or contract2 7,b7 the reasons why such cancellation ceiling amounts were selected2 7,c7 the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract2 and 7,d7 an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation4 7#c7 ,transmittal of notice to ,,omb ,not later than #ad days after the date on which written notice is provided under paragraph 7#b7 with respect to an agreement or contract under subsection 7b71 the ,chief or the ,director1 as the case may be1 shall transmit a copy of the notice to the ,director of the ,office of ,management and ,budget4 4 7b7 ,relation to other laws ,section #fjd7;d77#e7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7d77#e77 is amended by striking 1 the ,chief may and inserting and section #b7;a77#a7 of the ,act of ,july #ca1 #aidg 7commonly known as the ,materials ,act of #aidg2 #cj ,u4,s4,c4 #fjb7;a77#a771 the ,chief and the ,director may4 #ejb4 ,excess offset value ,section #fjd7;g77#b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7g77#b77 is amended by striking subparagraphs 7,a7 and 7,b7 and inserting the following new subparagraphs3 7,a7 use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts2 or 7,b7 if there are no outstanding liabilities under subparagraph 7,a71 apply the excess to other authorized stewardship projects4 4 #ejc4 ,payment of portion of stewardship project revenues to county in which stewardship project occurs ,section #fjd7;e7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7e77 is amended-- 7#a7 in paragraph 7#b77;,b71 by inserting subject to paragraph 7#c77;,a71 before shall2 and 7#b7 in paragraph 7#c77;,a71 by striking services received by the ,chief or the ,director and all that follows through the period at the end and inserting the following3 services and in-kind resources received by the ,chief or the ,director under a stewardship contract project conducted under this section shall not be considered monies received from the ,national ,forest ,system or the public lands1 but any payments made by the contractor to the ,chief or ,director under the project shall be considered monies received from the ,national ,forest ,system or the public lands44 #ejd4 ,submission of existing annual report ,subsection 7j7 of section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c71 as redesignated by section #eja7;a77#a71 is amended by striking report to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives and inserting submit to the congressional committees specified in subsection 7h77#b7 a report4 #eje4 ,fire liability provision ,section #fjd7;d7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7d77 is amended by adding at the end the following new paragraph3 7#h7 ,modification ,upon the request of the contractor1 a contract or agreement under this section awarded before ,february #g1 #bjad1 shall be modified by the ,chief or ,director to include the fire liability provisions described in paragraph 7#g74 4 ,,vi ,additional ,funding ,sources for ,forest ,management ,activities #fja4 ,definitions ,in this title3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or political subdivision of a ,state containing ,national ,forest ,system lands or public lands2 7,b7 a publicly chartered utility serving one or more ,states or a political subdivision thereof2 7,c7 a rural electric company2 and 7,d7 any other entity determined by the ,secretary concerned to be appropriate for participation in the ,fund4 7#b7 ,fund ,the term ,fund means the ,state-,supported ,forest ,management ,fund established by section #fjc4 #fjb4 ,availability of stewardship project revenues and ,collaborative ,forest ,landscape ,restoration ,fund to cover forest management activity planning costs 7a7 ,availability of stewardship project revenues ,section #fjd7;e77#b77;,b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7e77#b77;,b771 as amended by section #ejc1 is further amended by striking appropriation at the project site from which the monies are collected or at another project site4 and inserting the following3 appropriation-- 7i7 at the project site from which the monies are collected or at another project site2 and 7ii7 to cover not more than #be percent of the cost of planning additional stewardship contracting projects4 4 7b7 ,availability of ,collaborative ,forest ,landscape ,restoration ,fund ,section #djjc7;f77#a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7;f77#a77 is amended by striking carrying out and and inserting planning1 carrying out1 and4 #fjc4 ,state-supported planning of forest management activities 7a7 ,state-,supported forest management fund ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,state-,supported ,forest ,management ,fund1 to cover the cost of planning 7especially related to compliance with section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b7771 carrying out1 and monitoring certain forest management activities on ,national ,forest ,system lands or public lands4 7b7 ,contents ,the ,state-,supported ,forest ,management ,fund shall consist of such amounts as may be-- 7#a7 contributed by an eligible entity for deposit in the ,fund2 7#b7 appropriated to the ,fund2 or 7#c7 generated by forest management activities carried out using amounts in the ,fund4 7c7 ,geographical and use limitations ,in making a contribution under subsection 7b77#a71 an eligible entity may-- 7#a7 specify the ,national ,forest ,system lands or public lands for which the contribution may be expended2 and 7#b7 limit the types of forest management activities for which the contribution may be expended4 7d7 ,authorized forest management activities ,in such amounts as may be provided in advance in appropriation ,acts1 the ,secretary concerned may use the ,fund to plan1 carry out1 and monitor a forest management activity that-- 7#a7 is developed through a collaborative process2 7#b7 is proposed by a resource advisory committee2 or 7#c7 is covered by a community wildfire protection plan4 7e7 ,implementation methods ,a forest management activity carried out using amounts in the ,fund may be carried out using a contract or agreement under section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c71 the good neighbor authority provided by section #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a71 a contract under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a71 or other authority available to the ,secretary concerned1 but revenues generated by the forest management activity shall be used to reimburse the ,fund for planning costs covered using amounts in the ,fund4 7f7 ,relation to other laws 7#a7 ,revenue sharing ,subject to subsection 7e71 revenues generated by a forest management activity carried out using amounts from the ,fund shall be considered monies received from the ,national ,forest ,system4 7#b7 ,knutson-vanderberg ,act ,the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vanderberg ,act2 #af ,u4,s4,c4 #egf et seq471 shall apply to any forest management activity carried out using amounts in the ,fund4 7g7 ,termination of fund 7#a7 ,termination ,the ,fund shall terminate #aj years after the date of the enactment of this ,act4 7#b7 ,effect of termination ,upon the termination of the ,fund pursuant to paragraph 7#a7 or pursuant to any other provision of law1 unobligated contributions remaining in the ,fund shall be returned to the eligible entity that made the contribution4 ,,vii ,tribal ,forestry ,participation and ,protection #gja4 ,protection of tribal forest assets through use of stewardship end result contracting and other authorities 7a7 ,prompt consideration of tribal requests ,section #b7;b7 of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a7b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,not later than #abj days after the date on which an ,indian tribe submits to the ,secretary and inserting ,in response to the submission by an ,indian tribe of 2 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,time periods for consideration 7,a7 ,initial response ,not later than #abj days after the date on which the ,secretary receives a tribal request under paragraph 7#a71 the ,secretary shall provide an initial response to the ,indian tribe regarding-- 7i7 whether the request may meet the selection criteria described in subsection 7c72 and 7ii7 the likelihood of the ,secretary entering into an agreement or contract with the ,indian tribe under paragraph 7#b7 for activities described in paragraph 7#c74 7,b7 ,notice of denial ,notice under subsection 7d7 of the denial of a tribal request under paragraph 7#a7 shall be provided not later than #a year after the date on which the ,secretary received the request4 7,c7 ,completion ,not later than #b years after the date on which the ,secretary receives a tribal request under paragraph 7#a71 other than a tribal request denied under subsection 7d71 the ,secretary shall-- 7i7 complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract2 and 7ii7 enter into the agreement or contract with the ,indian tribe under paragraph 7#b74 4 7b7 ,conforming and technical amendments ,section #b of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a7 is amended-- 7#a7 in subsections 7b77#a7 and 7f77#a71 by striking section #cdg of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #bajd note2 ,public ,law #aje-bgg7 7as amended by section #cbc of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjjc 7#aag ,stat4 #bge77 and inserting section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c72 and 7#b7 in subsection 7d71 by striking subsection 7b77#a71 the ,secretary may and inserting paragraphs 7#a7 and 7#d77;,b7 of subsection 7b71 the ,secretary shall4 #gjb4 ,management of ,indian forest land authorized to include related ,national ,forest ,system lands and public lands ,section #cje of the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #cajd7 is amended by adding at the end the following new subsection3 7c7 ,inclusion of certain ,national ,forest ,system land and public land 7#a7 ,authority ,at the request of an ,indian tribe1 the ,secretary concerned may treat ,federal forest land as ,indian forest land for purposes of planning and conducting forest land management activities under this section if the ,federal forest land is located within1 or mostly within1 a geographic area that presents a feature or involves circumstances principally relevant to that ,indian tribe1 such as ,federal forest land ceded to the ,united ,states by treaty1 ,federal forest land within the boundaries of a current or former reservation1 or ,federal forest land adjudicated to be tribal homelands4 7#b7 ,requirements ,as part of the agreement to treat ,federal forest land as ,indian forest land under paragraph 7#a71 the ,secretary concerned and the ,indian tribe making the request shall-- 7,a7 provide for continued public access applicable to the ,federal forest land prior to the agreement1 except that the ,secretary concerned may limit or prohibit such access as needed2 7,b7 continue sharing revenue generated by the ,federal forest land with ,state and local governments either-- 7i7 on the terms applicable to the ,federal forest land prior to the agreement1 including1 where applicable1 #be-percent payments or #ej-percent payments2 or 7ii7 at the option of the ,indian tribe1 on terms agreed upon by the ,indian tribe1 the ,secretary concerned1 and ,state and county governments participating in a revenue sharing agreement for the ,federal forest land2 7,c7 comply with applicable prohibitions on the export of unprocessed logs harvested from the ,federal forest land2 7,d7 recognize all right-of-way agreements in place on ,federal forest land prior to commencement of tribal management activities2 and 7,e7 ensure that all commercial timber removed from the ,federal forest land is sold on a competitive bid basis4 7#c7 ,limitation ,treating ,federal forest land as ,indian forest land for purposes of planning and conducting management activities pursuant to paragraph 7#a7 shall not be construed to designate the ,federal forest land as ,indian forest lands for any other purpose4 7#d7 ,definitions ,in this subsection3 7,a7 ,federal forest land ,the term ,federal forest land means-- 7i7 ,national ,forest ,system lands2 and 7ii7 public lands 7as defined in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb7;e7771 including ,coos ,bay ,wagon ,road ,grant lands reconveyed to the ,united ,states pursuant to the first section of the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi71 and ,oregon and ,california ,railroad ,grant lands4 7,b7 ,secretary concerned ,the term ,secretary concerned means-- 7i7 the ,secretary of ,agriculture1 with respect to the ,federal forest land referred to in subparagraph 7,a77i72 and 7ii7 the ,secretary of the ,interior1 with respect to the ,federal forest land referred to in subparagraph 7,a77ii74 4 #gjc4 ,tribal forest management demonstration project ,the ,secretary of the ,interior and the ,secretary of ,agriculture may carry out demonstration projects by which federally recognized ,indian tribes or tribal organizations may contract to perform administrative1 management1 and other functions of programs of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a et seq47 through contracts entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 ,,viii ,miscellaneous ,forest ,management ,provisions #hja4 ,balancing short- and long-term effects of forest management activities in considering injunctive relief ,as part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity under titles ,i through ,,viii1 the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of-- 7#a7 the short- and long-term effects of undertaking the agency action2 against 7#b7 the short- and long-term effects of not undertaking the action4 #hjb4 ,conditions on ,forest ,service road decommissioning 7a7 ,consultation with affected county ,whenever any ,forest ,service defined maintenance level one- or two-system road within a designated high fire prone area of a unit of the ,national ,forest ,system is considered for decommissioning1 the ,forest ,supervisor of that unit of the ,national ,forest ,system shall-- 7#a7 consult with the government of the county containing the road regarding the merits and possible consequences of decommissioning the road2 and 7#b7 solicit possible alternatives to decommissioning the road4 7b7 ,regional ,forester approval ,a ,forest ,service road described in subsection 7a7 may not be decommissioned without the advance approval of the ,regional ,forester4 #hjc4 ,prohibition on application of ,eastside ,screens requirements on ,national ,forest ,system lands ,on and after the date of the enactment of this ,act1 the ,secretary of ,agriculture may not apply to ,national ,forest ,system lands any of the amendments to forest plans adopted in the ,decision ,notice for the ,revised ,continuation of ,interim ,management ,direction ,establishing ,riparian1 ,ecosystem and ,wildlife ,standards for ,timber ,sales 7commonly known as the ,eastside ,screens requirements71 including all preceding or associated versions of these amendments4 #hjd4 ,use of site-specific forest plan amendments for certain projects and activities ,if the ,secretary concerned determines that1 in order to conduct a project or carry out an activity implementing a forest plan1 an amendment to the forest plan is required1 the ,secretary concerned shall execute such amendment as a nonsignificant plan amendment through the record of decision or decision notice for the project or activity4 #hje4 ,knutson-,vandenberg ,act modifications 7a7 ,deposits of funds from national forest timber purchasers required ,section #c7;a7 of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act2 #af ,u4,s4,c4 #egf;b7a771 is amended by striking ,the ,secretary and all that follows through any purchaser and inserting the following3 ,the ,secretary of ,agriculture shall require each purchaser4 7b7 ,conditions on use of deposits ,section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act2 #af ,u4,s4,c4 #egf;b71 is amended-- 7#a7 by striking ,such deposits and inserting the following3 7b7 ,amounts deposited under subsection 7a7 2 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting before subsection 7d71 as so redesignated1 the following new subsection 7c73 7c7 7#a7 ,amounts in the special fund established pursuant to this section-- 7,a7 shall be used exclusively to implement activities authorized by subsection 7a72 and 7,b7 may be used anywhere within the ,forest ,service ,region from which the original deposits were collected4 7#b7 ,the ,secretary of ,agriculture may not deduct overhead costs from the funds collected under subsection 7a71 except as needed to fund personnel of the responsible ,ranger ,district for the planning and implementation of the activities authorized by subsection 7a74 4 #hjf4 ,exclusion of certain ,national ,forest ,system lands and public lands ,unless specifically provided by a provision of titles ,i through ,,viii1 the authorities provided by such titles do not apply with respect to any ,national ,forest ,system lands or public lands-- 7#a7 that are included in the ,national ,wilderness ,preservation ,system2 7#b7 that are located within an inventoried roadless area unless the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area2 or 7#c7 on which timber harvesting for any purpose is prohibited by statute4 #hjg4 ,application of ,northwest ,forest ,plan ,survey and ,manage ,mitigation ,measure ,standard and ,guidelines ,the ,northwest ,forest ,plan ,survey and ,manage ,mitigation ,measure ,standard and ,guidelines shall not apply to any ,national ,forest ,system lands or public lands4 #hjh4 ,management of ,bureau of ,land ,management lands in western ,oregon 7a7 ,general rule ,all of the public land managed by the ,bureau of ,land ,management in the ,salem ,district1 ,eugene ,district1 ,roseburg ,district1 ,coos ,bay ,district1 ,medford ,district1 and the ,klamath ,resource ,area of the ,lakeview ,district in the ,state of ,oregon shall hereafter be managed pursuant to title ,i of the of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a through #aaha;e74 ,except as provided in subsection 7b71 all of the revenue produced from such land shall be deposited in the ,treasury of the ,united ,states in the ,oregon and ,california land-grant fund and be subject to the provisions of title ,,ii of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;f74 7b7 ,certain lands excluded ,subsection 7a7 does not apply to any revenue that is required to be deposited in the ,coos ,bay ,wagon ,road grant fund pursuant to sections #a through #d of the ,act of ,may #bd1 #aici 7#dc ,u4,s4,c4 #aaha;f-#a through f-#d74 #hji4 ,bureau of ,land ,management resource management plans 7a7 ,additional ,analysis and ,alternatives ,to develop a full range of reasonable alternatives as required by the ,national ,environmental ,policy ,act of #aifi1 the ,secretary of the ,interior shall develop and consider in detail a reference analysis and two additional alternatives as part of the revisions of the resource management plans for the ,bureau of ,land ,management's ,salem1 ,eugene1 ,coos ,bay1 ,roseburg1 and ,medford ,districts and the ,klamath ,resource ,area of the ,lakeview ,district4 7b7 ,reference ,analysis ,the reference analysis required by subsection 7a7 shall measure and assume the harvest of the annual growth net of natural mortality for all forested land in the planning area in order to determine the maximum sustained yield capacity of the forested land base and to establish a baseline by which the ,secretary of the ,interior shall measure incremental effects on the sustained yield capacity and environmental impacts from management prescriptions in all other alternatives4 7c7 ,additional ,alternatives 7#a7 ,carbon ,sequestration ,alternative ,the ,secretary of the ,interior shall develop and consider an additional alternative with the goal of maximizing the total carbon benefits from forest storage and wood product storage4 ,to the extent practicable1 the analysis shall consider-- 7,a7 the future risks to forest carbon from wildfires1 insects1 and disease2 7,b7 the amount of carbon stored in products or in landfills2 7,c7 the life cycle benefits of harvested wood products compared to non-renewable products2 and 7,d7 the energy produced from wood residues4 7#b7 ,sustained ,yield ,alternative ,the ,secretary of the ,interior shall develop and consider an additional alternative that produces the greater of #ejj million board feet or the annual net growth on the acres classified as timberland1 excluding any congressionally reserved areas4 ,the projected harvest levels1 as nearly as practicable1 shall be distributed among the ,districts referred to in subsection 7a7 in the same proportion as the maximum yield capacity of each such ,district bears to maximum yield capacity of the planning area as a whole4 7d7 ,additional ,analysis and ,public ,participation ,the ,secretary of the ,interior shall publish the reference analysis and additional alternatives and analyze their environmental and economic consequences in a supplemental draft environmental impact statement4 ,the draft environmental impact statement and supplemental draft environmental impact statement shall be made available for public comment for a period of not less than #ahj days4 ,the ,secretary shall respond to any comments received before making a final decision between all alternatives4 7e7 ,rule of construction ,nothing in this section shall affect the obligation of the ,secretary of the ,interior to manage the timberlands as required by the ,act of ,august #bh1 #aicg 7#ej ,stat4 #hgd2 #dc ,u4,s4,c4 #aaha;a-#aaha;j74 #haj4 ,landscape-scale forest restoration project ,the ,secretary of ,agriculture shall develop and implement at least one landscape-scale forest restoration project that includes1 as a defined purpose of the project1 the generation of material that will be used to promote advanced wood products4 ,the project shall be developed through a collaborative process4 ,,ix ,major ,disaster for ,wildfire on ,federal ,land #ija4 ,wildfire on ,federal lands ,section #ajb7b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb7b77 is amended-- 7#a7 by striking 7#b7 and all that follows through means and inserting the following3 7#b7 ,major disaster 7,a7 ,major disaster ,the term major disaster means 2 and 7#b7 by adding at the end the following3 7,b7 ,major disaster for wildfire on ,federal lands ,the term major disaster for wildfire on ,federal lands means any wildfire or wildfires1 which in the determination of the ,president under section #hjb warrants assistance under section #hjc to supplement the efforts and resources of the ,department of the ,interior or the ,department of ,agriculture-- 7i7 on ,federal lands2 or 7ii7 on non-,federal lands pursuant to a fire protection agreement or cooperative agreement4 4 #ijb4 ,declaration of a major disaster for wildfire on ,federal lands ,the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj et seq47 is amended by adding at the end the following3 ,,viii ,major ,disaster for ,wildfire on ,federal ,land #hja4 ,definitions ,as used in this title-- 7#a7 ,federal land ,the term ,federal land means-- 7,a7 any land under the jurisdiction of the ,department of the ,interior2 and 7,b7 any land under the jurisdiction of the ,united ,states ,forest ,service4 7#b7 ,federal land management agencies ,the term ,federal land management agencies means-- 7,a7 the ,bureau of ,land ,management2 7,b7 the ,national ,park ,service2 7,c7 the ,bureau of ,indian ,affairs2 7,d7 the ,united ,states ,fish and ,wildlife ,service2 and 7,e7 the ,united ,states ,forest ,service4 7#c7 ,wildfire suppression operations ,the term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting1 including support1 response1 emergency stabilization activities1 and other emergency management activities of wildland firefighting on ,federal lands 7or on non-,federal lands pursuant to a fire protection agreement or cooperative agreement7 by the ,federal land management agencies covered by the wildfire suppression subactivity of the ,wildland ,fire ,management account or the ,,flame ,wildfire ,suppression ,reserve ,fund account of the ,federal land management agencies4 #hjb4 ,procedure for declaration of a major disaster for wildfire on ,federal lands 7a7 ,in general ,the ,secretary of the ,interior or the ,secretary of ,agriculture may submit a request to the ,president consistent with the requirements of this title for a declaration by the ,president that a major disaster for wildfire on ,federal lands exists4 7b7 ,requirements ,a request for a declaration by the ,president that a major disaster for wildfire on ,federal lands exists shall-- 7#a7 be made in writing by the respective ,secretary2 7#b7 certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the ,federal land management agencies under the jurisdiction of the respective ,secretary1 net of any concurrently enacted rescissions of wildfire suppression funds1 increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by the ,federal land management agencies per year for wildfire suppression operations1 including the suppression costs in excess of appropriated amounts1 over the previous ten fiscal years2 7#c7 certify that the amount available for wildfire suppression operations of the ,federal land management agencies under the jurisdiction of the respective ,secretary will be obligated not later than #cj days after such ,secretary notifies the ,president that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on ,federal lands pursuant to this title is based2 and 7#d7 specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on ,federal lands pursuant to this title is based4 7c7 ,declaration ,based on the request of the respective ,secretary under this title1 the ,president may declare that a major disaster for wildfire on ,federal lands exists4 #hjc4 ,wildfire on ,federal lands assistance 7a7 ,in general ,in a major disaster for wildfire on ,federal lands1 the ,president may transfer funds1 only from the account established pursuant to subsection 7b71 to the ,secretary of the ,interior or the ,secretary of ,agriculture to conduct wildfire suppression operations on ,federal lands 7and non-,federal lands pursuant to a fire protection agreement or cooperative agreement74 7b7 ,wildfire suppression operations account ,the ,president shall establish a specific account for the assistance available pursuant to a declaration under section #hjb4 ,such account may only be used to fund assistance pursuant to this title4 7c7 ,limitation 7#a7 ,limitation of transfer ,the assistance available pursuant to a declaration under section #hjb is limited to the transfer of the amount requested pursuant to section #hjb7;b77#d74 ,the assistance available for transfer shall not exceed the amount contained in the wildfire suppression operations account established pursuant to subsection 7b74 7#b7 ,transfer of funds ,funds under this section shall be transferred from the wildfire suppression operations account to the wildfire suppression subactivity of the ,wildland ,fire ,management ,account4 7d7 ,prohibition of other transfers ,except as provided in this section1 no funds may be transferred to or from the account established pursuant to subsection 7b7 to or from any other fund or account4 7e7 ,reimbursement for ,wildfire suppression operations on non-,federal land ,if amounts transferred under subsection 7c7 are used to conduct wildfire suppression operations on non-,federal land1 the respective ,secretary shall-- 7#a7 secure reimbursement for the cost of such wildfire suppression operations conducted on the non-,federal land2 and 7#b7 transfer the amounts received as reimbursement to the wildfire suppression operations account established pursuant to subsection 7b74 7f7 ,annual ,accounting and reporting requirements ,not later than #ij days after the end of each fiscal year for which assistance is received pursuant to this section1 the respective ,secretary shall submit to the ,committees on ,agriculture1 ,appropriations1 the ,budget1 ,natural ,resources1 and ,transportation and ,infrastructure of the ,house of ,representatives and the ,committees on ,agriculture1 ,nutrition1 and ,forestry1 ,appropriations1 the ,budget1 ,energy and ,natural ,resources1 ,homeland ,security and ,governmental ,affairs1 and ,indian ,affairs of the ,senate1 and make available to the public1 a report that includes the following3 7#a7 ,the risk-based factors that influenced management decisions regarding wildfire suppression operations of the ,federal land management agencies under the jurisdiction of the ,secretary concerned4 7#b7 ,specific discussion of a statistically significant sample of large fires1 in which each fire is analyzed for cost drivers1 effectiveness of risk management techniques1 resulting positive or negative impacts of fire on the landscape1 impact of investments in preparedness1 suggested corrective actions1 and such other factors as the respective ,secretary considers appropriate4 7#c7 ,total expenditures for wildfire suppression operations of the ,federal land management agencies under the jurisdiction of the respective ,secretary1 broken out by fire sizes1 cost1 regional location1 and such other factors as the such ,secretary considers appropriate4 7#d7 ,lessons learned4 7#e7 ,such other matters as the respective ,secretary considers appropriate4 7g7 ,savings provision ,nothing in this title shall limit the ,secretary of the ,interior1 the ,secretary of ,agriculture1 ,indian tribe1 or a ,state from receiving assistance through a declaration made by the ,president under this ,act when the criteria for such declaration have been met4 4 #ijc4 ,prohibition on transfers ,no funds may be transferred to or from the ,federal land management agencies' wildfire suppression operations accounts referred to in section #hja7c7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act to or from any account or subactivity of the ,federal land management agencies1 as defined in section #hja7b7 of such ,act1 that is not used to cover the cost of wildfire suppression operations4 ,c ,natural ,resources ,i ,western ,water and ,american ,food ,security ,act #ajja4 ,short title ,this title may be cited as the ,western ,water and ,american ,food ,security ,act of #bjae4 #ajjb4 ,findings ,congress finds as follows3 7#a7 ,as established in the ,proclamation of a ,state of ,emergency issued by the ,governor of the ,state on ,january #ag1 #bjad1 the ,state is experiencing record dry conditions4 7#b7 ,extremely dry conditions have persisted in the ,state since #bjab1 and the drought conditions are likely to persist into the future4 7#c7 ,the water supplies of the ,state are at record-low levels1 as indicated by the fact that all major ,central ,valley ,project reservoir levels were at #bj-ce percent of capacity as of ,september #be1 #bjad4 7#d7 ,the lack of precipitation has been a significant contributing factor to the #f1jia fires experienced in the ,state as of ,september #ae1 #bjad1 and which covered nearly #djj1jjj acres4 7#e7 ,according to a study released by the ,university of ,california1 ,davis in ,july #bjad1 the drought has led to the fallowing of #dbh1jjj acres of farmland1 loss of #haj million in crop revenue1 loss of #bjc million in dairy and other livestock value1 and increased groundwater pumping costs by #ded million4 ,the statewide economic costs are estimated to be #b4b billion1 with over #ag1jjj seasonal and part-time agricultural jobs lost4 7#f7 ,,cvpia ,level ,,ii water deliveries to refuges have also been reduced by #be percent in the north of ,delta region1 and by #ce percent in the south of ,delta region4 7#g7 ,only one-sixth of the usual acres of rice fields are being flooded this fall1 which leads to a significant decline in habitat for migratory birds and an increased risk of disease at the remaining wetlands due to overcrowding of such birds4 7#h7 ,the drought of #bjac through #bjad constitutes a serious emergency that poses immediate and severe risks to human life and safety and to the environment throughout the ,state4 7#i7 ,the serious emergency described in paragraph 7#d7 requires-- 7,a7 immediate and credible action that respects the complexity of the water system of the ,state and the importance of the water system to the entire ,state2 and 7,b7 policies that do not pit stakeholders against one another1 which history shows only leads to costly litigation that benefits no one and prevents any real solutions4 7#aj7 ,data on the difference between water demand and reliable water supplies for various regions of ,california south of the ,delta1 including the ,san ,joaquin ,valley1 indicate there is a significant annual gap between reliable water supplies to meet agricultural1 municipal and industrial1 groundwater1 and refuges water needs within the ,delta ,division1 ,san ,luis ,unit and ,friant ,division of the ,central ,valley ,project and the ,state ,water ,project south of the ,sacramento-,san ,joaquin ,river ,delta and the demands of those areas4 ,this gap varies depending on the methodology of the analysis performed1 but can be represented in the following ways3 7,a7 ,for ,central ,valley ,project ,south-of-,delta water service contractors1 if it is assumed that a water supply deficit is the difference in the amount of water available for allocation versus the maximum contract quantity1 then the water supply deficits that have developed from #aiib to #bjad as a result of legislative and regulatory changes besides natural variations in hydrology during this timeframe range between #gbj1jjj and #a1ajj1jjj acre-feet4 7,b7 ,for ,central ,valley ,project and ,state ,water ,project water service contractors south of the ,delta and north of the ,tehachapi mountain range1 if it is assumed that a water supply deficit is the difference between reliable water supplies1 including maximum water contract deliveries1 safe yield of groundwater1 safe yield of local and surface supplies and long-term contracted water transfers1 and water demands1 including water demands from agriculture1 municipal and industrial and refuge contractors1 then the water supply deficit ranges between approximately #b1ejj1jjj to #b1gjj1jjj acre-feet4 7#aa7 ,data of pumping activities at the ,central ,valley ,project and ,state ,water ,project delta pumps identifies that1 on average from ,water ,year #bjji to ,water ,year #bjad1 take of ,delta smelt is #hj percent less than allowable take levels under the biological opinion issued ,december #ae1 #bjjh4 7#ab7 ,data of field sampling activities of the ,interagency ,ecological ,program located in the ,sacramento-,san ,joaquin ,estuary identifies that1 on average from #bjje to #bjac1 the program takes #c1ejj delta smelt during annual surveys with an authorized take level of #cc1dhj delta smelt annually--according to the biological opinion issued ,december #i1 #aiig4 7#ac7 ,in #bjae1 better information exists than was known in #bjjh concerning conditions and operations that may or may not lead to high salvage events that jeopardize the fish populations1 and what alternative management actions can be taken to avoid jeopardy4 7#ad7 ,alternative management strategies1 removing non-native species1 enhancing habitat1 monitoring fish movement and location in real-time1 and improving water quality in the ,delta can contribute significantly to protecting and recovering these endangered fish species1 and at potentially lower costs to water supplies4 7#ae7 ,resolution of fundamental policy questions concerning the extent to which application of the ,endangered ,species ,act of #aigc affects the operation of the ,central ,valley ,project and ,state ,water ,project is the responsibility of ,congress4 #ajjc4 ,definitions ,in this title3 7#a7 ,delta ,the term ,delta means the ,sacramento-,san ,joaquin ,delta and the ,suisun ,marsh1 as defined in sections #abbbj and #biaja of the ,california ,public ,resources ,code4 7#b7 ,export pumping rates ,the term export pumping rates means the rates of pumping at the ,c4,w4 ,bill ,jones ,pumping ,plant and the ,harvey ,o4 ,banks ,pumping ,plant1 in the southern ,delta4 7#c7 ,listed fish species ,the term listed fish species means listed salmonid species and the ,delta smelt4 7#d7 ,listed salmonid species ,the term listed salmonid species means natural origin steelhead1 natural origin genetic spring run ,chinook1 and genetic winter run ,chinook salmon including hatchery steelhead or salmon populations within the evolutionary significant unit 7,,esu7 or distinct population segment 7,,dps74 7#e7 ,negative impact on the long-term survival ,the term negative impact on the long-term survival means to reduce appreciably the likelihood of the survival of a listed species in the wild by reducing the reproduction1 numbers1 or distribution of that species4 7#f7 ,,omr ,the term ,,omr means the ,old and ,middle ,river in the ,delta4 7#g7 ,,omr flow of #e1jjj cubic feet per second ,the term ,,omr flow of #e1jjj cubic feet per second means ,old and ,middle ,river flow of negative #e1jjj cubic feet per second as described in-- 7,a7 the smelt biological opinion2 and 7,b7 the salmonid biological opinion4 7#h7 ,salmonid biological opinion ,the term salmonid biological opinion means the biological opinion issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji4 7#i7 ,smelt biological opinion ,the term smelt biological opinion means the biological opinion on the ,long-,term ,operational ,criteria and ,plan for coordination of the ,central ,valley ,project and ,state ,water ,project issued by the ,united ,states ,fish and ,wildlife ,service on ,december #ae1 #bjjh4 7#aj7 ,state ,the term ,state means the ,state of ,california4 ,a ,,adjusting ,,delta ,,smelt ,,management ,,based ,,on ,,increased ,,real-,,time ,,monitoring ,,and ,,updated ,,science #ajaa4 ,definitions ,in this subtitle3 7#a7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,delta smelt ,the term ,delta smelt means the fish species with the scientific name ,hypomesus transpacificus4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 #ajab4 ,revise incidental take level calculation for delta smelt to reflect new science 7a7 ,review and modification ,not later than ,october #a1 #bjaf1 and at least every five years thereafter1 the ,director1 in cooperation with other ,federal1 ,state1 and local agencies1 shall use the best scientific and commercial data available to complete a review and1 modify the method used to calculate the incidental take levels for adult and larval_/juvenile ,delta smelt in the smelt biological opinion that takes into account all life stages1 among other considerations-- 7#a7 salvage information collected since at least #aiic2 7#b7 updated or more recently developed statistical models2 7#c7 updated scientific and commercial data2 and 7#d7 the most recent information regarding the environmental factors affecting ,delta smelt salvage4 7b7 ,modified incidental take level ,unless the ,director determines in writing that one or more of the requirements described in paragraphs 7#a7 through 7#d7 are not appropriate1 the modified incidental take level described in subsection 7a7 shall-- 7#a7 be normalized for the abundance of prespawning adult ,delta smelt using the ,fall ,midwater ,trawl ,index or other index2 7#b7 be based on a simulation of the salvage that would have occurred from #aiic through #bjab if ,,omr flow has been consistent with the smelt biological opinions2 7#c7 base the simulation on a correlation between annual salvage rates and historic water clarity and ,,omr flow during the adult salvage period2 and 7#d7 set the incidental take level as the #hj percent upper prediction interval derived from simulated salvage rates since at least #aiic4 #ajac4 ,factoring increased real-time monitoring and updated science into ,delta smelt management 7a7 ,in general ,the ,director shall use the best scientific and commercial data available to implement1 continuously evaluate1 and refine or amend1 as appropriate1 the reasonable and prudent alternative described in the smelt biological opinion1 and any successor opinions or court order4 ,the ,secretary shall make all significant decisions under the smelt biological opinion1 or any successor opinions that affect ,central ,valley ,project and ,state ,water ,project operations1 in writing1 and shall document the significant facts upon which such decisions are made1 consistent with section #gjf of title #e1 ,united ,states ,code4 7b7 ,increased ,monitoring ,to ,inform ,real-,time ,operations ,the ,secretary shall conduct additional surveys1 on an annual basis at the appropriate time of the year based on environmental conditions1 in collaboration with other ,delta science interests4 7#a7 ,in implementing this section1 the ,secretary shall-- 7,a7 use the most accurate survey methods available for the detection of ,delta smelt to determine the extent that adult ,delta smelt are distributed in relation to certain levels of turbidity1 or other environmental factors that may influence salvage rate2 and 7,b7 use results from appropriate survey methods for the detection of ,delta smelt to determine how the ,central ,valley ,project and ,state ,water ,project may be operated more efficiently to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt4 7#b7 ,during the period beginning on ,december #a1 #bjae1 and ending ,march #ca1 #bjaf1 and in each successive ,december through ,march period1 if suspended sediment loads enter the ,delta from the ,sacramento ,river and the suspended sediment loads appear likely to raise turbidity levels in the ,old ,river north of the export pumps from values below #ab ,nephelometric ,turbidity ,units 7,,ntu7 to values above #ab ,,ntu1 the ,secretary shall-- 7,a7 conduct daily monitoring using appropriate survey methods at locations including1 but not limited to1 the vicinity of ,station #ijb to determine the extent that adult ,delta smelt are moving with turbidity toward the export pumps2 and 7,b7 use results from the monitoring surveys referenced in paragraph 7,a7 to determine how increased trawling can inform daily real-time ,central ,valley ,project and ,state ,water ,project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt4 7c7 ,periodic review of monitoring ,within #ab months of the date of enactment of this title1 and at least once every #e years thereafter1 the ,secretary shall-- 7#a7 evaluate whether the monitoring program under subsection 7b71 combined with other monitoring programs for the ,delta1 is providing sufficient data to inform ,central ,valley ,project and ,state ,water ,project operations to minimize salvage while maximizing export pumping rates without causing a significant negative impact on the long-term survival of the ,delta smelt2 and 7#b7 determine whether the monitoring efforts should be changed in the short or long term to provide more useful data4 7d7 ,delta smelt distribution study 7#a7 ,in general ,no later than ,january #a1 #bjaf1 and at least every five years thereafter1 the ,secretary1 in collaboration with the ,california ,department of ,fish and ,wildlife1 the ,california ,department of ,water ,resources1 public water agencies1 and other interested entities1 shall implement new targeted sampling and monitoring specifically designed to understand ,delta smelt abundance1 distribution1 and the types of habitat occupied by ,delta smelt during all life stages4 7#b7 ,sampling ,the ,delta smelt distribution study shall1 at a minimum-- 7,a7 include recording water quality and tidal data2 7,b7 be designed to understand ,delta smelt abundance1 distribution1 habitat use1 and movement throughout the ,delta1 ,suisun ,marsh1 and other areas occupied by the ,delta smelt during all seasons2 7,c7 consider areas not routinely sampled by existing monitoring programs1 including wetland channels1 near-shore water1 depths below #ce feet1 and shallow water2 and 7,d7 use survey methods1 including sampling gear1 best suited to collect the most accurate data for the type of sampling or monitoring4 7e7 ,scientifically supported implementation of ,,omr flow requirements ,in implementing the provisions of the smelt biological opinion1 or any successor biological opinion or court order1 pertaining to management of reverse flow in the ,old and ,middle ,rivers1 the ,secretary shall-- 7#a7 consider the relevant provisions of the biological opinion or any successor biological opinion2 7#b7 to maximize ,central ,valley project and ,state ,water ,project water supplies1 manage export pumping rates to achieve a reverse ,,omr flow rate of #e1jjj cubic feet per second unless information developed by the ,secretary under paragraphs 7#c7 and 7#d7 leads the ,secretary to reasonably conclude that a less negative ,,omr flow rate is necessary to avoid a negative impact on the long-term survival of the ,delta smelt4 ,if information available to the ,secretary indicates that a reverse ,,omr flow rate more negative than #e1jjj cubic feet per second can be established without an imminent negative impact on the long-term survival of the ,delta smelt1 the ,secretary shall manage export pumping rates to achieve that more negative ,,omr flow rate2 7#c7 document in writing any significant facts about real-time conditions relevant to the determinations of ,,omr reverse flow rates1 including-- 7,a7 whether targeted real-time fish monitoring in the ,old ,river pursuant to this section1 including monitoring in the vicinity of ,station #ijb1 indicates that a significant negative impact on the long-term survival of the ,delta smelt is imminent2 and 7,b7 whether near-term forecasts with available salvage models show under prevailing conditions that ,,omr flow of #e1jjj cubic feet per second or higher will cause a significant negative impact on the long-term survival of the ,delta smelt2 7#d7 show in writing that any determination to manage ,,omr reverse flow at rates less negative than #e1jjj cubic feet per second is necessary to avoid a significant negative impact on the long-term survival of the ,delta smelt1 including an explanation of the data examined and the connection between those data and the choice made1 after considering-- 7,a7 the distribution of ,delta smelt throughout the ,delta2 7,b7 the potential effects of documented1 quantified entrainment on subsequent ,delta smelt abundance2 7,c7 the water temperature2 7,d7 other significant factors relevant to the determination2 and 7,e7 whether any alternative measures could have a substantially lesser water supply impact2 and 7#e7 for any subsequent biological opinion1 make the showing required in paragraph 7#d7 for any determination to manage ,,omr reverse flow at rates less negative than the most negative limit in the biological opinion if the most negative limit in the biological opinion is more negative than #e1jjj cubic feet per second4 7f7 ,memorandum of ,understanding ,no later than ,december #a1 #bjae1 the ,commissioner and the ,director will execute a ,memorandum of ,understanding 7,,mou7 to ensure that the smelt biological opinion is implemented in a manner that maximizes water supply while complying with applicable laws and regulations4 ,if that ,,mou alters any procedures set out in the biological opinion1 there will be no need to reinitiate consultation if those changes will not have a significant negative impact on the long-term survival on listed species and the implementation of the ,,mou would not be a major change to implementation of the biological opinion4 ,any change to procedures that does not create a significant negative impact on the long-term survival to listed species will not alter application of the take permitted by the incidental take statement in the biological opinion under section #g7o77#b7 of the ,endangered ,species ,act of #aigc4 7g7 ,calculation of reverse flow in ,,omr ,within #ij days of the enactment of this title1 the ,secretary is directed1 in consultation with the ,california ,department of ,water ,resources to revise the method used to calculate reverse flow in ,old and ,middle ,rivers for implementation of the reasonable and prudent alternatives in the smelt biological opinion and the salmonid biological opinion1 and any succeeding biological opinions1 for the purpose of increasing ,central ,valley ,project and ,state ,water ,project water supplies4 ,the method of calculating reverse flow in ,old and ,middle ,rivers shall be reevaluated not less than every five years thereafter to achieve maximum export pumping rates within limits established by the smelt biological opinion1 the salmonid biological opinion1 and any succeeding biological opinions4 ,b ,,ensuring ,,salmonid ,,management ,,is ,,responsive ,,to ,,new ,,science #ajba4 ,definitions ,in this subtitle3 7#a7 ,assistant administrator ,the term ,assistant ,administrator means the ,assistant ,administrator of the ,national ,oceanic and ,atmospheric ,administration for ,fisheries4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#c7 ,other affected interests ,the term other affected interests means the ,state of ,california1 ,indian tribes1 subdivisions of the ,state of ,california1 public water agencies and those who benefit directly and indirectly from the operations of the ,central ,valley ,project and the ,state ,water ,project4 7#d7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,bureau of ,reclamation4 7#e7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 #ajbb4 ,process for ensuring salmonid management is responsive to new science 7a7 ,general directive ,the reasonable and prudent alternative described in the salmonid biological opinion allows for and anticipates adjustments in ,central ,valley ,project and ,state ,water ,project operation parameters to reflect the best scientific and commercial data currently available1 and authorizes efforts to test and evaluate improvements in operations that will meet applicable regulatory requirements and maximize ,central ,valley ,project and ,state ,water ,project water supplies and reliability4 ,implementation of the reasonable and prudent alternative described in the salmonid biological opinion shall be adjusted accordingly as new scientific and commercial data are developed4 ,the ,commissioner and the ,assistant ,administrator shall fully utilize these authorities as described below4 7b7 ,annual reviews of certain ,central ,valley ,project and ,state ,water ,project operations ,no later than ,december #ca1 #bjaf1 and at least annually thereafter3 7#a7 ,the ,commissioner1 with the assistance of the ,assistant ,administrator1 shall examine and identify adjustments to the initiation of ,action ,,iv4#b4c as set forth in the ,biological ,opinion and ,conference ,opinion on the ,long-,term ,operations of the ,central ,valley ,project and ,state ,water ,project1 ,endangered ,species ,act ,section #g ,consultation1 issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 pertaining to negative ,,omr flows1 subject to paragraph 7#e74 7#b7 ,the ,commissioner1 with the assistance of the ,assistant ,administrator1 shall examine and identify adjustments in the timing1 triggers or other operational details relating to the implementation of pumping restrictions in ,action ,,iv4#b4a pertaining to the inflow to export ratio1 subject to paragraph 7#e74 7#c7 ,pursuant to the consultation and assessments carried out under paragraphs 7#a7 and 7#b7 of this subsection1 the ,commissioner and the ,assistant ,administrator shall jointly make recommendations to the ,secretary of the ,interior and to the ,secretary on adjustments to project operations that1 in the exercise of the adaptive management provisions of the salmonid biological opinion1 will reduce water supply impacts of the salmonid biological opinion on the ,central ,valley ,project and the ,california ,state ,water ,project and are consistent with the requirements of applicable law and as further described in subsection 7c74 7#d7 ,the ,secretary and the ,secretary of the ,interior shall direct the ,commissioner and ,assistant ,administrator to implement recommended adjustments to ,central ,valley ,project and ,state ,water ,project operations for which the conditions under subsection 7c7 are met4 7#e7 ,the ,assistant ,administrator and the ,commissioner shall review and identify adjustments to ,central ,valley ,project and ,state ,water ,project operations with water supply restrictions in any successor biological opinion to the salmonid biological opinion1 applying the provisions of this section to those water supply restrictions where there are references to ,actions ,,iv4#b4a and ,,iv4#b4c4 7c7 ,implementation of operational adjustments ,after reviewing the recommendations under subsection 7b71 the ,secretary of the ,interior and the ,secretary shall direct the ,commissioner and the ,assistant ,administrator to implement those operational adjustments1 or any combination1 for which1 in aggregate-- 7#a7 the net effect on listed species is equivalent to those of the underlying project operational parameters in the salmonid biological opinion1 taking into account both-- 7,a7 efforts to minimize the adverse effects of the adjustment to project operations2 and 7,b7 whatever additional actions or measures may be implemented in conjunction with the adjustments to operations to offset the adverse effects to listed species1 consistent with 7d71 that are in excess of the adverse effects of the underlying operational parameters1 if any2 and 7#b7 the effects of the adjustment can be reasonably expected to fall within the incidental take authorizations4 7d7 ,evaluation of offsetting measures ,when examining and identifying opportunities to offset the potential adverse effect of adjustments to operations under subsection 7c77#a77;,b71 the ,commissioner and the ,assistant ,administrator shall take into account the potential species survival improvements that are likely to result from other measures which1 if implemented in conjunction with such adjustments1 would offset adverse effects1 if any1 of the adjustments4 ,when evaluating offsetting measures1 the ,commissioner and the ,assistant ,administrator shall consider the type1 timing and nature of the adverse effects1 if any1 to specific species and ensure that the measures likely provide equivalent overall benefits to the listed species in the aggregate1 as long as the change will not cause a significant negative impact on the long-term survival of a listed salmonid species4 7e7 ,framework for examining opportunities ,to minimize or offset the potential adverse effect of adjustments to operations ,not later than ,december #ca1 #bjae1 and every five years thereafter1 the ,assistant ,administrator shall1 in collaboration with the ,director of the ,california ,department of ,fish and ,wildlife1 based on the best scientific and commercial data available and for each listed salmonid species1 issue estimates of the increase in through-,delta survival the ,secretary expects to be achieved-- 7#a7 through restrictions on export pumping rates as specified by ,action ,,iv4#b4c as compared to limiting ,,omr flow to a fixed rate of #e1jjj cubic feet per second within the time period ,action ,,iv4#b4c is applicable1 based on a given rate of ,san ,joaquin ,river inflow to the ,delta and holding other relevant factors constant2 7#b7 through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a as compared to the restrictions in the ,april_/,may period imposed by the ,state ,water ,resources ,control ,board decision ,d-#afda1 based on a given rate of ,san ,joaquin ,river inflow to the ,delta and holding other relevant factors constant2 7#c7 through physical habitat restoration improvements2 7#d7 through predation control programs2 7#e7 through the installation of temporary barriers1 the management of ,cross ,channel ,gates operations1 and other projects affecting flow in the ,delta2 7#f7 through salvaging fish that have been entrained near the entrance to ,clifton ,court ,forebay2 7#g7 through any other management measures that may provide equivalent or better protections for listed species while maximizing export pumping rates without causing a significant negative impact on the long-term survival of a listed salmonid species2 and 7#h7 through development and implementation of conservation hatchery programs for salmon and steelhead to aid in the recovery of listed salmon and steelhead species4 7f7 ,survival estimates 7#a7 ,to the maximum extent practicable1 the ,assistant ,administrator shall make quantitative estimates of survival such as a range of percentage increases in through-,delta survival that could result from the management measures1 and if the scientific information is lacking for quantitative estimates1 shall do so on qualitative terms based upon the best available science4 7#b7 ,if the ,assistant ,administrator provides qualitative survival estimates for a species resulting from one or more management measures1 the ,secretary shall1 to the maximum extent feasible1 rank the management measures described in subsection 7e7 in terms of their most likely expected contribution to increased through-,delta survival relative to the other measures4 7#c7 ,if at the time the ,assistant ,administrator conducts the reviews under subsection 7b71 the ,secretary has not issued an estimate of increased through-,delta survival from different management measures pursuant to subsection 7e71 the ,secretary shall compare the protections to the species from different management measures based on the best scientific and commercial data available at the time4 7g7 ,comparison of adverse consequences for alternative management measures of equivalent protection for a species 7#a7 ,for the purposes of this subsection and subsection 7c7-- 7,a7 the alternative management measure or combination of alternative management measures identified in paragraph 7#b7 shall be known as the equivalent alternative measure2 7,b7 the existing measure or measures identified in subparagraphs 7#b7 7,a71 7,b71 7,c71 or 7,d7 shall be known as the equivalent existing measure2 and 7,c7 an equivalent increase in through-,delta survival rates for listed salmonid species shall mean an increase in through-,delta survival rates that is equivalent when considering the change in through-,delta survival rates for the listed salmonid species in the aggregate1 and not the same change for each individual species1 as long as the change in survival rates will not cause a significant negative impact on the long-term survival of a listed salmonid species4 7#b7 ,as part of the reviews of project operations pursuant to subsection 7b71 the ,assistant ,administrator shall determine whether any alternative management measures or combination of alternative management measures listed in subsection 7e7 7#c7 through 7#h7 would provide an increase in through-,delta survival rates for listed salmonid species that is equivalent to the increase in through-,delta survival rates for listed salmonid species from the following3 7,a7 ,through restrictions on export pumping rates as specified by ,action ,,iv4#b4c1 as compared to limiting ,,omr flow to a fixed rate of #e1jjj cubic feet per second within the time period ,action ,,iv4#b4c is applicable4 7,b7 ,through restrictions on export pumping rates as specified by ,action ,,iv4#b4c1 as compared to a modification of ,action ,,iv4#b4c that would provide additional water supplies1 other than that described in subparagraph 7,a74 7,c7 ,through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a1 as compared to the restrictions in the ,april_/,may period imposed by the ,state ,water ,resources ,control ,board decision ,d-#afda4 7,d7 ,through ,san ,joaquin ,river inflow to export restrictions on export pumping rates specified within ,action ,,iv4#b4a1 as compared to a modification of ,action ,,iv4#b4a that would reduce water supply impacts of the salmonid biological opinion on the ,central ,valley ,project and the ,california ,state ,water ,project1 other than that described in subparagraph 7,c74 7#c7 ,if the ,assistant ,administrator identifies an equivalent alternative measure pursuant to paragraph 7#b71 the ,assistant ,administrator shall determine whether-- 7,a7 it is technically feasible and within ,federal jurisdiction to implement the equivalent alternative measure2 7,b7 the ,state of ,california1 or subdivision thereof1 or local agency with jurisdiction has certified in writing within #aj calendar days to the ,assistant ,administrator that it has the authority and capability to implement the pertinent equivalent alternative measure2 or 7,c7 the adverse consequences of doing so are less than the adverse consequences of the equivalent existing measure1 including a concise evaluation of the adverse consequences to other affected interests4 7#d7 ,if the ,assistant ,administrator makes the determinations in subparagraph 7#c77;,a7 or 7#c77;,b71 the ,commissioner shall adjust project operations to implement the equivalent alternative measure in place of the equivalent existing measure in order to increase export rates of pumping to the greatest extent possible while maintaining a net combined effect of equivalent through-,delta survival rates for the listed salmonid species4 7h7 ,tracking ,adverse ,effects ,beyond the ,range of ,effects ,accounted for in the ,salmonid ,biological ,opinion and ,coordinated ,operation with the ,delta ,smelt ,biological ,opinion 7#a7 ,among the adjustments to the project operations considered through the adaptive management process under this section1 the ,assistant ,administrator and the ,commissioner shall-- 7,a7 evaluate the effects on listed salmonid species and water supply of the potential adjustment to operational criteria described in subparagraph 7,b72 and 7,b7 consider requiring that before some or all of the provisions of ,actions ,,iv4#b4a4 or ,,iv4#b4c are imposed in any specific instance1 the ,assistant ,administrator show that the implementation of these provisions in that specific instance is necessary to avoid a significant negative impact on the long-term survival of a listed salmonid species4 7#b7 ,the ,assistant ,administrator1 the ,director1 and the ,commissioner1 in coordination with ,state officials as appropriate1 shall establish operational criteria to coordinate management of ,,omr flows under the smelt and salmonid biological opinions1 in order to take advantage of opportunities to provide additional water supplies from the coordinated implementation of the biological opinions4 7#c7 ,the ,assistant ,administrator and the ,commissioner shall document the effects of any adaptive management decisions related to the coordinated operation of the smelt and salmonid biological opinions that prioritizes the maintenance of one species at the expense of the other4 7i7 ,real-,time ,monitoring and ,management ,notwithstanding the calendar based triggers described in the salmonid biological opinion ,reasonable and ,prudent ,alternative 7,,rpa71 the ,assistant ,administrator and the ,commissioner shall not limit ,,omr reverse flow to #e1jjj cubic feet per second unless current monitoring data indicate that this ,,omr flow limitation is reasonably required to avoid a significant negative impact on the long-term survival of a listed salmonid species4 7j7 ,evaluation and implementation of management measures ,if the quantitative estimates of through-,delta survival established by the ,secretary for the adjustments in subsection 7b77#b7 exceed the through-,delta survival established for the ,r,p,as1 the ,secretary shall evaluate and implement the management measures in subsection 7b77#b7 as a prerequisite to implementing the ,r,p,as contained in the ,salmonid ,biological ,opinion4 7k7 ,accordance with other law ,consistent with section #gjf of title #e1 ,united ,states ,code1 decisions of the ,assistant ,administrator and the ,commissioner described in subsections 7b7 through 7j7 shall be made in writing1 on the basis of best scientific and commercial data currently available1 and shall include an explanation of the data examined at the connection between those data and the decisions made4 #ajbc4 ,non-,federal program to protect native anadromous fish in the ,stanislaus ,river 7a7 ,establishment of nonnative predator fish removal program ,the ,secretary and the districts1 in consultation with the ,director1 shall jointly develop and conduct a nonnative predator fish removal program to remove nonnative striped bass1 smallmouth bass1 largemouth bass1 black bass1 and other nonnative predator fish species from the ,stanislaus ,river4 ,the program shall-- 7#a7 be scientifically based2 7#b7 include methods to quantify the number and size of predator fish removed each year1 the impact of such removal on the overall abundance of predator fish1 and the impact of such removal on the populations of juvenile anadromous fish found in the ,stanislaus ,river by1 among other things1 evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at ,caswell2 7#c7 among other methods1 use wire fyke trapping1 portable resistance board weirs1 and boat electrofishing2 and 7#d7 be implemented as quickly as possible following the issuance of all necessary scientific research4 7b7 ,management ,the management of the program shall be the joint responsibility of the ,secretary and the districts4 ,such parties shall work collaboratively to ensure the performance of the program1 and shall discuss and agree upon1 among other things1 changes in the structure1 management1 personnel1 techniques1 strategy1 data collection1 reporting1 and conduct of the program4 7c7 ,conduct 7#a7 ,in general ,by agreement between the ,secretary and the districts1 the program may be conducted by their own personnel1 qualified private contractors hired by the districts1 personnel of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service1 or a combination thereof4 7#b7 ,participation by the national marine fisheries service ,if the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph 7#a71 the ,secretary may assign an employee of1 on loan to1 or otherwise assigned to the ,national ,marine ,fisheries ,service1 to be present for all activities performed in the field4 ,such presence shall ensure compliance with the agreed-upon elements specified in subsection 7b74 ,the districts shall pay the cost of such participation in accordance with subsection 7d74 7#c7 ,timing of election ,the districts shall notify the ,secretary of their election on or before ,october #ae of each calendar year of the program4 ,such an election shall apply to the work performed in the subsequent calendar year4 7d7 ,funding 7#a7 ,in general ,the districts shall be responsible for #ajj percent of the cost of the program4 7#b7 ,contributed funds ,the ,secretary may accept and use contributions of funds from the districts to carry out activities under the program4 7#c7 ,estimation of cost ,on or before ,december #a of each year of the program1 the ,secretary shall submit to the districts an estimate of the cost to be incurred by the ,national ,marine ,fisheries ,service for the program in the following calendar year1 if any1 including the cost of any data collection and posting under subsection 7e74 ,if an amount equal to the estimate is not provided through contributions pursuant to paragraph 7#b7 before ,december #ca of that year-- 7,a7 the ,secretary shall have no obligation to conduct the program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts2 and 7,b7 the districts may not conduct any aspect of the program until such amount is contributed by the districts4 7#d7 ,accounting ,on or before ,september #a of each year1 the ,secretary shall provide to the districts an accounting of the costs incurred by the ,secretary for the program in the preceding calendar year4 ,if the amount contributed by the districts pursuant to paragraph 7#b7 for that year was greater than the costs incurred by the ,secretary1 the ,secretary shall-- 7,a7 apply the excess contributions to costs of activities to be performed by the ,secretary under the program1 if any1 in the next calendar year2 or 7,b7 if no such activities are to be performed1 repay the excess contribution to the districts4 7e7 ,posting and evaluation ,on or before the #aeth day of each month1 the ,secretary shall post on the ,internet website of the ,national ,marine ,fisheries ,service a tabular summary of the raw data collected under the program in the preceding month4 7f7 ,implementation ,the program is hereby found to be consistent with the requirements of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 ,no provision1 plan or definition established or required by the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege7 shall be used to prohibit the imposition of the program1 or to prevent the accomplishment of its goals4 7g7 ,treatment of striped bass ,for purposes of the application of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 with respect to the program1 striped bass shall not be treated as anadromous fish4 7h7 ,definition ,for the purposes of this section1 the term districts means the ,oakdale ,irrigation ,district and the ,south ,san ,joaquin ,irrigation ,district1 ,california4 #ajbd4 ,pilot projects to implement ,,calfed invasive species program 7a7 ,in general ,not later than ,january #a1 #bjag1 the ,secretary of the ,interior1 in collaboration with the ,secretary of ,commerce1 the ,director of the ,california ,department of ,fish and ,wildlife1 and other relevant agencies and interested parties1 shall begin pilot projects to implement the invasive species control program authorized pursuant to section #ajc7;d77#f77;,a77iv7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afij74 7b7 ,requirements ,the pilot projects shall-- 7#a7 seek to reduce invasive aquatic vegetation1 predators1 and other competitors which contribute to the decline of native listed pelagic and anadromous species that occupy the ,sacramento and ,san ,joaquin ,rivers and their tributaries and the ,sacramento-,san ,joaquin ,bay-,delta2 and 7#b7 remove1 reduce1 or control the effects of species1 including ,asiatic clams1 silversides1 gobies1 ,brazilian water weed1 water hyacinth1 largemouth bass1 smallmouth bass1 striped bass1 crappie1 bluegill1 white and channel catfish1 and brown bullheads4 7c7 ,sunset ,the authorities provided under this subsection shall expire seven years after the ,secretaries commence implementation of the pilot projects pursuant to subsection 7a74 7d7 ,emergency environmental reviews ,to expedite the environmentally beneficial programs for the conservation of threatened and endangered species1 the ,secretaries shall consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the projects pursuant to subsection 7a74 ,c ,,operational ,,flexibility ,,and ,,drought ,,relief #ajca4 ,definitions ,in this subtitle3 7#a7 ,central valley project ,the term ,central ,valley ,project has the meaning given the term in section #cdjc of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjg74 7#b7 ,reclamation project ,the term ,reclamation ,project means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the ,state4 7#c7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of ,agriculture2 7,b7 the ,secretary of ,commerce2 and 7,c7 the ,secretary of the ,interior4 7#d7 ,state water project ,the term ,state ,water ,project means the water project described by ,california ,water ,code section #aaeej et seq4 and operated by the ,california ,department of ,water ,resources4 7#e7 ,state ,the term ,state means the ,state of ,california4 #ajcb4 ,operational flexibility in times of drought 7a7 ,water supplies ,for the period of time such that in any year that the ,sacramento ,valley ,index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,secretaries shall provide the maximum quantity of water supplies practicable to all individuals or district who receive ,central ,valley ,project water under water service or repayments contracts1 water rights settlement contracts1 exchange contracts1 or refuge contracts or agreements entered into prior to or after the date of enactment of this title2 ,state ,water ,project contractors1 and any other tribe1 locality1 water agency1 or municipality in the ,state1 by approving1 consistent with applicable laws 7including regulations71 projects and operations to provide additional water supplies as quickly as practicable based on available information to address the emergency conditions4 7b7 ,administration ,in carrying out subsection 7a71 the ,secretaries shall1 consistent with applicable laws 7including regulations7-- 7#a7 issue all necessary permit decisions under the authority of the ,secretaries not later than #cj days after the date on which the ,secretaries receive a completed application from the ,state to place and use temporary barriers or operable gates in ,delta channels to improve water quantity and quality for the ,state ,water ,project and the ,central ,valley ,project south of ,delta water contractors and other water users1 on the condition that the barriers or operable gates-- 7,a7 do not result in a significant negative impact on the long-term survival of listed species within the ,delta and provide benefits or have a neutral impact on in-,delta water user water quality2 and 7,b7 are designed so that formal consultations under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 are not necessary2 7#b7 require the ,director of the ,united ,states ,fish and ,wildlife ,service and the ,commissioner of ,reclamation-- 7,a7 to complete1 not later than #cj days after the date on which the ,director or the ,commissioner receives a complete written request for water transfer1 all requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 necessary to make final permit decisions on the request2 and 7,b7 to approve any water transfer request described in subparagraph 7,a7 to maximize the quantity of water supplies available for nonhabitat uses1 on the condition that actions associated with the water transfer comply with applicable ,federal laws 7including regulations72 7#c7 adopt a #a3a inflow to export ratio1 as measured as a #c-;day running average at ,vernalis during the period beginning on ,april #a1 and ending on ,may #ca1 absent a determination in writing that a more restrictive inflow to export ratio is required to avoid a significant negative impact on the long-term survival of a listed salmonid species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 provided that the #a3a inflow to export ratio shall apply for the increment of increased flow of the ,san ,joaquin ,river resulting from the voluntary sale1 transfers1 or exchanges of water from agencies with rights to divert water from the ,san ,joaquin ,river or its tributaries and provided that the movement of the acquired1 transferred1 or exchanged water through the ,delta consistent with the ,central ,valley ,project's and the ,state ,water ,project's permitted water rights and provided that movement of the ,central ,valley ,project water is consistent with the requirements of section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act2 and 7#d7 allow and facilitate1 consistent with existing priorities1 water transfers through the ,c4,w4 ,bill ,jones ,pumping ,plant or the ,harvey ,o4 ,banks ,pumping ,plant from ,april #a to ,november #cj provided water transfers comply with ,state law1 including the ,california ,environmental ,quality ,act4 7c7 ,accelerated project decision and elevation 7#a7 ,in general ,on request by the ,governor of the ,state1 the ,secretaries shall use the expedited procedures under this subsection to make final decisions relating to a ,federal project or operation1 or to local or ,state projects or operations that require decisions by the ,secretary of the ,interior or the ,secretary of ,commerce to provide additional water supplies if the project's or operation's purpose is to provide relief for emergency drought conditions pursuant to subsections 7a7 and 7b74 7#b7 ,request for resolution 7,a7 ,in general ,on request by the ,governor of the ,state1 the ,secretaries referenced in paragraph 7#a71 or the head of another ,federal agency responsible for carrying out a review of a project1 as applicable1 the ,secretary of the ,interior shall convene a final project decision meeting with the heads of all relevant ,federal agencies to decide whether to approve a project to provide relief for emergency drought conditions4 7,b7 ,meeting ,the ,secretary of the ,interior shall convene a meeting requested under subparagraph 7,a7 not later than #g days after the date on which the meeting request is received4 7#c7 ,notification ,on receipt of a request for a meeting under paragraph 7#b71 the ,secretary of the ,interior shall notify the heads of all relevant ,federal agencies of the request1 including information on the project to be reviewed and the date of the meeting4 7#d7 ,decision ,not later than #aj days after the date on which a meeting is requested under paragraph 7#b71 the head of the relevant ,federal agency shall issue a final decision on the project1 subject to subsection 7e77#b74 7#e7 ,meeting convened by secretary ,the ,secretary of the ,interior may convene a final project decision meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under paragraph 7#b74 7d7 ,application ,to the extent that a ,federal agency1 other than the agencies headed by the ,secretaries1 has a role in approving projects described in subsections 7a7 and 7b71 this section shall apply to those ,federal agencies4 7e7 ,limitation ,nothing in this section authorizes the ,secretaries to approve projects-- 7#a7 that would otherwise require congressional authorization2 or 7#b7 without following procedures required by applicable law4 7f7 ,drought ,plan ,for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,secretaries of ,commerce and the ,interior1 in consultation with appropriate ,state officials1 shall develop a drought operations plan that is consistent with the provisions of this ,act including the provisions that are intended to provide additional water supplies that could be of assistance during the current drought4 #ajcc4 ,operation of cross-channel gates 7a7 ,in general ,the ,secretary of ,commerce and the ,secretary of the ,interior shall jointly-- 7#a7 authorize and implement activities to ensure that the ,delta ,cross ,channel ,gates remain open to the maximum extent practicable using findings from the ,united ,states ,geological ,survey on diurnal behavior of juvenile salmonids1 timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the ,state1 and for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 consistent with operational criteria and monitoring criteria set forth into the ,order ,approving a ,temporary ,urgency ,change in ,license and ,permit ,terms in ,response to ,drought ,conditions of the ,california ,state ,water ,resources ,control ,board1 effective ,january #ca1 #bjad 7or a successor order7 and other authorizations associated with it2 7#b7 with respect to the operation of the ,delta ,cross ,channel ,gates described in paragraph 7#a71 collect data on the impact of that operation on-- 7,a7 species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 water quality2 and 7,c7 water supply2 7#c7 collaborate with the ,california ,department of ,water ,resources to install a deflection barrier at ,georgiana ,slough in coordination with ,delta ,cross ,channel ,gate diurnal operations to protect migrating salmonids1 consistent with knowledge gained from activities carried out during #bjad and #bjae2 7#d7 evaluate the combined salmonid survival in light of activities carried out pursuant to paragraphs 7#a7 through 7#c7 in deciding how to operate the ,delta ,cross ,channel gates to enhance salmonid survival and water supply benefits2 and 7#e7 not later than ,may #ae1 #bjaf1 submit to the appropriate committees of the ,house of ,representatives and the ,senate a notice and explanation on the extent to which the gates are able to remain open4 7b7 ,recommendations ,after assessing the information collected under subsection 7a71 the ,secretary of the ,interior shall recommend revisions to the operation of the ,delta ,cross-,channel ,gates1 to the ,central ,valley ,project1 and to the ,state ,water ,project1 including1 if appropriate1 any reasonable and prudent alternative contained in the biological opinion issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 that are likely to produce water supply benefits without causing a significant negative impact on the long-term survival of the listed fish species within the ,delta or on water quality4 #ajcd4 ,flexibility for export_/inflow ratio ,for the period of time such that in any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 the ,commissioner of the ,bureau of ,reclamation shall continue to vary the averaging period of the ,delta ,export_/,inflow ratio pursuant to the ,california ,state ,water ,resources ,control ,board decision ,d#afda-- 7#a7 to operate to a #ce-percent ,export_/,inflow ratio with a #c-;day averaging period on the rising limb of a ,delta inflow hydrograph2 and 7#b7 to operate to a #ad-;day averaging period on the falling limb of the ,delta inflow hydrograph4 #ajce4 ,emergency environmental reviews 7a7 ,,nepa compliance ,to minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the ,state during the duration of an emergency drought declaration1 the ,secretaries shall1 in carrying out this ,act1 consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7including successor regulations71 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 during the emergency4 7b7 ,determinations ,for the purposes of this section1 a ,secretary may deem a project to be in compliance with all necessary environmental regulations and reviews if the ,secretary determines that the immediate implementation of the project is necessary to address-- 7#a7 human health and safety2 or 7#b7 a specific and imminent loss of agriculture production upon which an identifiable region depends for #be percent or more of its tax revenue used to support public services including schools1 fire or police services1 city or county health facilities1 unemployment services or other associated social services4 #ajcf4 ,increased flexibility for regular project operations ,the ,secretaries shall1 consistent with applicable laws 7including regulations7-- 7#a7 in coordination with the ,california ,department of ,water ,resources and the ,california ,department of ,fish and ,wildlife1 implement offsite upstream projects in the ,delta and upstream of the ,sacramento ,river and ,san ,joaquin basins that offset the effects on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 due to activities carried out pursuant this ,act1 as determined by the ,secretaries2 7#b7 manage reverse flow in the ,old and ,middle ,rivers at #f1ajj cubic feet per second if real-time monitoring indicates that flows of #f1ajj cubic feet per second or more negative can be established for specific periods without causing a significant negative impact on the long-term survival of the ,delta smelt1 or if real-time monitoring does not support flows of #f1ajj cubic feet per second than manage ,,omr flows at #e1jjj cubic feet per second subject to section #ajac7;e77#c7 and 7#d72 and 7#c7 use all available scientific tools to identify any changes to real-time operations of the ,bureau of ,reclamation1 ,state1 and local water projects that could result in the availability of additional water supplies4 #ajcg4 ,temporary operational flexibility for first few storms of the water year 7a7 ,in general ,consistent with avoiding a significant negative impact on the long-term survival in the short term upon listed fish species beyond the range of those authorized under the ,endangered ,species ,act of #aigc and other environmental protections under subsection 7e71 the ,secretaries shall authorize the ,central ,valley ,project and the ,state ,water ,project1 combined1 to operate at levels that result in negative ,,omr flows at #g1ejj cubic feet per second 7based on ,united ,states ,geological ,survey gauges on ,old and ,middle ,rivers7 daily average for #ef cumulative days after ,october #a as described in subsection 7c74 7b7 ,days of temporary operational flexibility ,the temporary operational flexibility described in subsection 7a7 shall be authorized on days that the ,california ,department of ,water ,resources determines the daily average river flow of the ,sacramento ,river is at1 or above1 #ag1jjj cubic feet per second as measured at the ,sacramento ,river at ,freeport gauge maintained by the ,united ,states ,geologic ,survey4 7c7 ,compliance with ,endangered ,species ,act authorizations ,in carrying out this section1 the ,secretaries may continue to impose any requirements under the smelt and salmonid biological opinions during any period of temporary operational flexibility as they determine are reasonably necessary to avoid an additional significant negative impacts on the long-term survival of a listed fish species beyond the range of those authorized under the ,endangered ,species ,act of #aigc1 provided that the requirements imposed do not reduce water supplies available for the ,central ,valley ,project and the ,state ,water ,project4 7d7 ,other environmental protections 7#a7 ,state law ,the ,secretaries' actions under this section shall be consistent with applicable regulatory requirements under ,state law4 7#b7 ,first sediment flush ,during the first flush of sediment out of the ,delta in each water year1 and provided that such determination is based upon objective evidence1 ,,omr flow may be managed at rates less negative than #e1jjj cubic feet per second for a minimum duration to avoid movement of adult ,delta smelt 7,hypomesus transpacificus7 to areas in the southern ,delta that would be likely to increase entrainment at ,central ,valley ,project and ,state ,water ,project pumping plants4 7#c7 ,applicability of opinion ,this section shall not affect the application of the salmonid biological opinion from ,april #a to ,may #ca1 unless the ,secretary of ,commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects beyond those authorized under the ,endangered ,species ,act of #aigc4 ,in addition to any other actions to benefit water supply1 the ,secretary of the ,interior and the ,secretary of ,commerce shall consider allowing through-,delta water transfers to occur during this period if they can be accomplished consistent with section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act4 ,water transfers solely or exclusively through the ,state ,water ,project are not required to be consistent with section #cdje7;a77#a77;,h7 of the ,central ,valley ,project ,improvement ,act4 7#d7 ,monitoring ,during operations under this section1 the ,commissioner of ,reclamation1 in coordination with the ,fish and ,wildlife ,service1 ,national ,marine ,fisheries ,service1 and ,california ,department of ,fish and ,wildlife1 shall undertake a monitoring program and other data gathering to ensure incidental take levels are not exceeded1 and to identify potential negative impacts and actions1 if any1 necessary to mitigate impacts of the temporary operational flexibility to species listed under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7e7 ,technical adjustments to target period ,if1 before temporary operational flexibility has been implemented on #ef cumulative days1 the ,secretaries operate the ,central ,valley ,project and the ,state ,water ,project combined at levels that result in ,,omr flows less negative than #g1ejj cubic feet per second during days of temporary operational flexibility as defined in subsection 7c71 the duration of such operation shall not be counted toward the #ef cumulative days specified in subsection 7a74 7f7 ,emergency consultation2 effect on running averages 7#a7 ,if necessary to implement the provisions of this section1 the ,commissioner is authorized to take any action necessary to implement this section for up to #ef cumulative days4 ,if during the #ef cumulative days the ,commissioner determines that actions necessary to implement this section will exceed #ef days1 the ,commissioner shall use the emergency consultation procedures under the ,endangered ,species ,act of #aigc and its implementing regulation at section #djb4je of title #ej1 ,code of ,federal ,regulations1 to temporarily adjust the operating criteria under the biological opinions-- 7,a7 solely for extending beyond the #ef cumulative days for additional days of temporary operational flexibility-- 7i7 no more than necessary to achieve the purposes of this section consistent with the environmental protections in subsections 7d7 and 7e72 and 7ii7 including1 as appropriate1 adjustments to ensure that the actual flow rates during the periods of temporary operational flexibility do not count toward the #e-;day and #ad-;day running averages of tidally filtered daily ,,omr flow requirements under the biological opinions1 or 7,b7 for other adjustments to operating criteria or to take other urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the ,commissioner4 7#b7 ,following the conclusion of the #ef cumulative days of temporary operational flexibility1 or the extended number of days covered by the emergency consultation procedures1 the ,commissioner shall not reinitiate consultation on these adjusted operations1 and no mitigation shall be required1 if the effects on listed fish species of these operations under this section remain within the range of those authorized under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 ,if the ,commissioner reinitiates consultation1 no mitigation measures shall be required4 7g7 ,level of detail required for analysis ,in articulating the determinations required under this section1 the ,secretaries shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short timeframe permitted for timely decisionmaking in response to changing conditions in the ,delta4 #ajch4 ,expediting water transfers 7a7 ,in general ,section #cdje7;a7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgji7;a77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#d7 through 7#f71 respectively2 7#b7 in the matter preceding paragraph 7#d7 7as so designated7-- 7,a7 in the first sentence1 by striking ,in order to and inserting the following3 7#a7 ,in general ,in order to 2 and 7,b7 in the second sentence1 by striking ,except as provided herein and inserting the following3 7#c7 ,terms ,except as otherwise provided in this section 2 7#c7 by inserting before paragraph 7#c7 7as so designated7 the following3 7#b7 ,expedited transfer of water ,the ,secretary shall take all necessary actions to facilitate and expedite transfers of ,central ,valley ,project water in accordance with-- 7,a7 this ,act2 7,b7 any other applicable provision of the reclamation laws2 and 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7#d7 in paragraph 7#d7 7as so designated7-- 7,a7 in subparagraph 7,a71 by striking to combination and inserting or combination2 and 7,b7 by striking #cdje7;a77#b7 of this title each place it appears and inserting 7#e72 7#e7 in paragraph 7#e7 7as so designated71 by adding at the end the following3 7,e7 ,the contracting district from which the water is coming1 the agency1 or the ,secretary shall determine if a written transfer proposal is complete within #de days after the date of submission of the proposal4 ,if the contracting district or agency or the ,secretary determines that the proposal is incomplete1 the district or agency or the ,secretary shall state with specificity what must be added to or revised for the proposal to be complete4 2 and 7#f7 in paragraph 7#f7 7as so designated71 by striking #cdje7;a77#a77;,a7-7,c71 7,e71 7,g71 7,h71 7,i71 7,l71 and 7,m7 of this title and inserting 7,a7 through 7,c71 7,e71 7,g71 7,h71 7,i71 7,l71 and 7,m7 of paragraph 7#d74 7b7 ,conforming amendments ,the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege7 is amended-- 7#a7 in section #cdjg7;c77#a7 7#ajf ,stat4 #dgbf71 by striking #cdje7;a77#a77;,c7 and inserting #cdje7;a77#d77;,c72 and 7#b7 in section #cdjh7;i77#a7 7#ajf ,stat4 #dgbi71 by striking #cdje7;a77#a7 7,a7 and 7,j7 of this title and inserting subparagraphs 7,a7 and 7,j7 of section #cdje7;a77#d74 #ajci4 ,additional emergency consultation ,for adjustments to operating criteria other than under section #ajch of this subtitle or to take urgent actions to address water supply shortages for the least amount of time or volume of diversion necessary as determined by the ,commissioner of ,reclamation1 no mitigation measures shall be required during any year that the ,sacramento ,valley index is #f4e or lower1 or at the request of the ,state of ,california1 and until two succeeding years following either of those events have been completed where the final ,sacramento ,valley ,index is #g4h or greater1 and any mitigation measures imposed must be based on quantitative data and required only to the extent that such data demonstrates actual harm to species4 #ajdj4 ,additional storage at ,new ,melones ,the ,commissioner of ,reclamation is directed to work with local water and irrigation districts in the ,stanislaus ,river ,basin to ascertain the water storage made available by the ,draft ,plan of ,operations in ,new ,melones ,reservoir 7,,drpo7 for water conservation programs1 conjunctive use projects1 water transfers1 rescheduled project water and other projects to maximize water storage and ensure the beneficial use of the water resources in the ,stanislaus ,river ,basin4 ,all such programs and projects shall be implemented according to all applicable laws and regulations4 ,the source of water for any such storage program at ,new ,melones ,reservoir shall be made available under a valid water right1 consistent with the ,state of ,california water transfer guidelines and any other applicable ,state water law4 ,the ,commissioner shall inform the ,congress within #ah months setting forth the amount of storage made available by the ,,drpo that has been put to use under this program1 including proposals received by the ,commissioner from interested parties for the purpose of this section4 #ajda4 ,regarding the operation of ,folsom ,reservoir ,the ,secretary of the ,interior1 in collaboration with the ,sacramento ,water ,forum1 shall expedite evaluation1 completion and implementation of the ,modified ,lower ,american ,river ,flow ,management ,standard developed by the ,water ,forum in #bjae to improve water supply reliability for ,central ,valley ,project ,american ,river water contractors and resource protection in the lower ,american ,river during consecutive dry-years under current and future demand and climate change conditions4 #ajdb4 ,applicants ,in the event that the ,bureau of ,reclamation or another ,federal agency initiates or reinitiates consultation with the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b771 with respect to construction or operation of the ,central ,valley ,project and ,state ,water ,project1 or any part thereof1 the ,state ,water ,project contractors and the ,central ,valley ,project contractors will be accorded all the rights and responsibilities extended to applicants in the consultation process4 #ajdc4 ,san ,joaquin ,river settlement 7a7 ,california ,state law satisfied by warm water fishery 7#a7 ,in general ,sections #eicj through #eidh of the ,california ,fish and ,game ,code1 and all applicable ,federal laws1 including the ,san ,joaquin ,river ,restoration ,settlement ,act 7,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh-,,lkk_/,,ggh71 shall be satisfied by the existence of a warm water fishery in the ,san ,joaquin ,river below ,friant ,dam1 but upstream of ,gravelly ,ford4 7#b7 ,definition of warm water fishery ,for the purposes of this section1 the term warm water fishery means a water system that has an environment suitable for species of fish other than salmon 7including all subspecies7 and trout 7including all subspecies74 7b7 ,repeal of the ,san ,joaquin ,river settlement ,as of the date of enactment of this section1 the ,secretary of the ,interior shall cease any action to implement the ,san ,joaquin ,river ,restoration ,settlement ,act 7subtitle ,a of title ,x of ,public ,law #aaa-aa7 and the ,stipulation of ,settlement 7,natural ,resources ,defense ,council1 et al4 v4 ,kirk ,rodgers1 et al41 ,eastern ,district of ,california1 ,no4 ,civ4 ,s-#hh-afeh ,,lkk_/,,ggh74 #ajdd4 ,program for water rescheduling ,by ,december #ca1 #bjae1 the ,secretary of the ,interior shall develop and implement a program1 including rescheduling guidelines for ,shasta and ,folsom ,reservoirs1 to allow existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed1 and refuge service and municipal and industrial water service contractors within the ,sacramento ,river ,watershed and the ,american ,river ,watershed to reschedule water1 provided for under their ,central ,valley ,project contracts1 from one year to the next2 provided1 that the program is consistent with existing rescheduling guidelines as utilized by the ,bureau of ,reclamation for rescheduling water for ,central ,valley ,project water service contractors that are located ,south of the ,delta4 ,d ,,calfed ,,storage ,,feasibility ,,studies #ajea4 ,studies ,the ,secretary of the ,interior1 through the ,commissioner of ,reclamation1 shall-- 7#a7 complete the feasibility studies described in clauses 7i77,i7 and 7ii77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afhd7 and submit such studies to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjae2 7#b7 complete the feasibility study described in clause 7i77,,ii7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#c7 complete a publicly available draft of the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjaf2 7#d7 complete the feasibility study described in clause 7ii77,i7 of section #ajc7;d77#a77;,a7 of ,public ,law #ajh-cfa and submit such study to the appropriate committees of the ,house of ,representatives and the ,senate not later than ,november #cj1 #bjag2 7#e7 complete the feasibility study described in section #ajc7;f77#a77;,a7 of ,public ,law #ajh-cfa 7#aah ,stat4 #afid7 and submit such study to the appropriate ,committees of the ,house of ,representatives and the ,senate not later than ,december #ca1 #bjag2 7#f7 provide a progress report on the status of the feasibility studies referred to in paragraphs 7#a7 through 7#c7 to the appropriate committees of the ,house of ,representatives and the ,senate not later than #ij days after the date of the enactment of this ,act and each #ahj days thereafter until ,december #ca1 #bjag1 as applicable4 ,the report shall include timelines for study completion1 draft environmental impact statements1 final environmental impact statements1 and ,records of ,decision2 7#g7 in conducting any feasibility study under this ,act1 the reclamation laws1 the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege2 #ajf ,stat4 #dgjf71 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq471 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 and other applicable law1 for the purposes of determining feasibility the ,secretary shall document1 delineate1 and publish costs directly relating to the engineering and construction of a water storage project separately from the costs resulting from regulatory compliance or the construction of auxiliary facilities necessary to achieve regulatory compliance2 and 7#h7 communicate1 coordinate and cooperate with public water agencies that contract with the ,united ,states for ,central ,valley ,project water and that are expected to participate in the cost pools that will be created for the projects proposed in the feasibility studies under this section4 #ajeb4 ,temperance ,flat 7a7 ,definitions ,for the purposes of this section3 7#a7 ,project ,the term ,project means the ,temperance ,flat ,reservoir ,project on the ,upper ,san ,joaquin ,river4 7#b7 ,,rmp ,the term ,,rmp means the document titled ,bakersfield ,field ,office1 ,record of ,decision and ,approved ,resource ,management ,plan1 dated ,december #bjad4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,applicability of ,,rmp ,the ,,rmp and findings related thereto shall have no effect on or applicability to the ,secretary's determination of feasibility of1 or on any findings or environmental review documents related to-- 7#a7 the ,project2 or 7#b7 actions taken by the ,secretary pursuant to section #ajc7;d77#a77;,a77ii77,,ii7 of the ,bay-,delta ,authorization ,act 7title ,i of ,public ,law #ajh-cfa74 7c7 ,duties of secretary upon determination of feasibility ,if the ,secretary finds the ,project to be feasible1 the ,secretary shall manage the land recommended in the ,,rmp for designation under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq47 in a manner that does not impede any environmental reviews1 preconstruction1 construction1 or other activities of the ,project1 regardless of whether or not the ,secretary submits any official recommendation to ,congress under the ,wild and ,scenic ,rivers ,act4 7d7 ,reserved water rights ,effective ,december #bb1 #bjad1 there shall be no ,federal reserved water rights to any segment of the ,san ,joaquin ,river related to the ,project as a result of any designation made under the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq474 #ajec4 ,,calfed storage accountability ,if the ,secretary of the ,interior fails to provide the feasibility studies described in section #ajea to the appropriate committees of the ,house of ,representatives and the ,senate by the times prescribed1 the ,secretary shall notify each committee chair individually in person on the status of each project once a month until the feasibility study for that project is provided to ,congress4 #ajed4 ,water storage project construction 7a7 ,partnership and agreements ,the ,secretary of the ,interior1 acting through the ,commissioner of the ,bureau of ,reclamation1 may partner or enter into an agreement on the water storage projects identified in section #ajc7;d77#a7 of the ,water ,supply ,reliability and ,environmental ,improvement ,act 7,public ,law #ajh-cfa7 7and ,acts supplemental and amendatory to the ,act7 with local joint powers authorities formed pursuant to ,state law by irrigation districts and other local water districts and local governments within the applicable hydrologic region1 to advance those projects4 7b7 ,authorization for project ,if the ,secretary determines a project described in section #ajeb7;a77#a7 and 7#b7 is feasible1 the ,secretary is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan1 and subject to the conditions described in the feasibility study1 provided that no ,federal funding shall be used to construct the project4 ,e ,,water ,,rights ,,protections #ajfa4 ,offset for ,state ,water ,project 7a7 ,implementation impacts ,the ,secretary of the ,interior shall confer with the ,california ,department of ,fish and ,wildlife in connection with the implementation of this ,act on potential impacts to any consistency determination for operations of the ,state ,water ,project issued pursuant to ,california ,fish and ,game ,code section #bjhj4a4 7b7 ,additional yield ,if1 as a result of the application of this ,act1 the ,california ,department of ,fish and ,wildlife-- 7#a7 revokes the consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a that are applicable to the ,state ,water ,project2 7#b7 amends or issues one or more new consistency determinations pursuant to ,california ,fish and ,game ,code section #bjhj4a in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion2 or 7#c7 requires take authorization under ,california ,fish and ,game ,code section #bjha for operation of the ,state ,water ,project in a manner that directly or indirectly results in reduced water supply to the ,state ,water ,project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion1 and as a consequence of the ,department's action1 ,central ,valley ,project yield is greater than it would have been absent the ,department's actions1 then that additional yield shall be made available to the ,state ,water ,project for delivery to ,state ,water ,project contractors to offset losses resulting from the ,department's action4 7c7 ,notification related to environmental protections ,the ,secretary of the ,interior shall immediately notify the ,director of the ,california ,department of ,fish and ,wildlife in writing if the ,secretary of the ,interior determines that implementation of the smelt biological opinion and the salmonid biological opinion consistent with this ,act reduces environmental protections for any species covered by the opinions4 #ajfb4 ,area of origin protections 7a7 ,in general ,the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to adhere to ,california's water rights laws governing water rights priorities and to honor water rights senior to those held by the ,united ,states for operation of the ,central ,valley ,project1 regardless of the source of priority1 including any appropriative water rights initiated prior to ,december #ai1 #aiad1 as well as water rights and other priorities perfected or to be perfected pursuant to ,california ,water ,code ,part #b of ,division #b4 ,article #a4g 7commencing with section #abae of chapter #a of part #b of division #b1 sections #ajeje1 #ajeje4e1 #aaabh1 #aadfj1 #aadfa1 #aadfb1 and #aadfc1 and sections #abbjj to #abbbj1 inclusive74 7b7 ,diversions ,any action undertaken by the ,secretary of the ,interior and the ,secretary of ,commerce pursuant to both this ,act and section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that requires that diversions from the ,sacramento ,river or the ,san ,joaquin ,river watersheds upstream of the ,delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by ,california law4 7c7 ,endangered species act ,nothing in this subtitle alters the existing authorities provided to and obligations placed upon the ,federal ,government under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 as amended4 7d7 ,contracts ,with respect to individuals and entities with water rights on the ,sacramento ,river1 the mandates of this section may be met1 in whole or in part1 through a contract with the ,secretary of the ,interior executed pursuant to section #ad of ,public ,law #gf-bfj2 #ec ,stat4 #aahg 7#dc ,u4,s4,c4 #chi7 that is in conformance with the ,sacramento ,river ,settlement ,contracts renewed by the ,secretary of the ,interior in #bjje4 #ajfc4 ,no redirected adverse impacts 7a7 ,in general ,the ,secretary of the ,interior shall ensure that1 except as otherwise provided for in a water service or repayment contract1 actions taken in compliance with legal obligations imposed pursuant to or as a result of this ,act1 including such actions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and other applicable ,federal and ,state laws1 shall not directly or indirectly-- 7#a7 result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the ,state ,water ,project or the ,united ,states under water rights settlement contracts1 exchange contracts1 water service contracts1 repayment contracts1 or water supply contracts2 or 7#b7 cause redirected adverse water supply or fiscal impacts to those within the ,sacramento ,river watershed1 the ,san ,joaquin ,river watershed or the ,state ,water ,project service area4 7b7 ,costs ,to the extent that costs are incurred solely pursuant to or as a result of this ,act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the ,state of ,california1 such costs shall not be borne by any such entity1 agency1 or subdivision of the ,state of ,california1 unless such costs are incurred on a voluntary basis4 7c7 ,rights and obligations not modified or amended ,nothing in this ,act shall modify or amend the rights and obligations of the parties to any existing-- 7#a7 water service1 repayment1 settlement1 purchase1 or exchange contract with the ,united ,states1 including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other ,central ,valley ,project water2 or 7#b7 ,state ,water ,project water supply or settlement contract with the ,state4 #ajfd4 ,allocations for ,sacramento ,valley contractors 7a7 ,allocations 7#a7 ,in general ,subject to paragraph 7#b7 and subsection 7b71 the ,secretary of the ,interior is directed1 in the operation of the ,central ,valley ,project1 to allocate water provided for irrigation purposes to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed in compliance with the following3 7,a7 ,not less than #ajj percent of their contract quantities in a ,wet year4 7,b7 ,not less than #ajj percent of their contract quantities in an ,above ,normal year4 7,c7 ,not less than #ajj percent of their contract quantities in a ,below ,normal year that is preceded by an ,above ,normal or a ,wet year4 7,d7 ,not less than #ej percent of their contract quantities in a ,dry year that is preceded by a ,below ,normal1 an ,above ,normal1 or a ,wet year4 7,e7 ,in all other years not identified herein1 the allocation percentage for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed shall not be less than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors1 up to #ajj percent2 provided1 that nothing herein shall preclude an allocation to existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed that is greater than twice the allocation percentage to south-of-,delta ,central ,valley ,project agricultural water service contractors4 7#b7 ,conditions ,the ,secretary's actions under paragraph 7a7 shall be subject to-- 7,a7 the priority of individuals or entities with ,sacramento ,river water rights1 including those with ,sacramento ,river ,settlement ,contracts1 that have priority to the diversion and use of ,sacramento ,river water over water rights held by the ,united ,states for operations of the ,central ,valley ,project2 7,b7 the ,united ,states obligation to make a substitute supply of water available to the ,san ,joaquin ,river ,exchange ,contractors2 and 7,c7 the ,secretary's obligation to make water available to managed wetlands pursuant to section #cdjf7;d7 of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege74 7b7 ,protection of municipal and industrial supplies ,nothing in subsection 7a7 shall be deemed to-- 7#a7 modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the ,secretary2 7#b7 affect or limit the authority of the ,secretary to adopt or modify municipal and industrial water shortage policies2 7#c7 affect or limit the authority of the ,secretary to implement municipal and industrial water shortage policies2 or 7#d7 affect allocations to ,central ,valley ,project municipal and industrial contractors pursuant to such policies4 ,neither subsection 7a7 nor the ,secretary's implementation of subsection 7a7 shall constrain1 govern or affect1 directly1 the operations of the ,central ,valley ,project's ,american ,river ,division or any deliveries from that ,division1 its units or facilities4 7c7 ,no effect on allocations ,this section shall not-- 7#a7 affect the allocation of water to ,friant ,division contractors2 or 7#b7 result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the ,friant ,division4 7d7 ,program for water rescheduling ,the ,secretary of the ,interior shall develop and implement a program1 not later than #a year after the date of the enactment of this ,act1 to provide for the opportunity for existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed to reschedule water1 provided for under their ,central ,valley ,project water service contracts1 from one year to the next4 7e7 ,definitions ,in this section3 7#a7 ,the term existing ,central ,valley ,project agricultural water service contractors within the ,sacramento ,river ,watershed means water service contractors within the ,shasta1 ,trinity1 and ,sacramento ,river ,divisions of the ,central ,valley ,project1 that have a water service contract in effect1 on the date of the enactment of this section1 that provides water for irrigation4 7#b7 ,the year type terms used in subsection 7a7 have the meaning given those year types in the ,sacramento ,valley ,water ,year ,type 7#dj-cj-cj7 ,index4 #ajfe4 ,effect on existing obligations ,nothing in this ,act preempts or modifies any existing obligation of the ,united ,states under ,federal reclamation law to operate the ,central ,valley ,project in conformity with ,state law1 including established water rights priorities4 ,f ,,miscellaneous #ajga4 ,authorized service area 7a7 ,in general ,the authorized service area of the ,central ,valley ,project authorized under the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf7 shall include the area within the boundaries of the ,kettleman ,city ,community ,services ,district1 ,california1 as in existence on the date of enactment of this ,act4 7b7 ,long-,term contract 7#a7 ,in general ,notwithstanding the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgjf7 and subject to paragraph 7#b71 the ,secretary of the ,interior1 in accordance with the ,federal reclamation laws1 shall enter into a long-term contract with the ,kettleman ,city ,community ,services ,district1 ,california1 under terms and conditions mutually agreeable to the parties1 for the delivery of up to #ijj acre-feet of ,central ,valley ,project water for municipal and industrial use4 7#b7 ,limitation ,central ,valley ,project water deliveries authorized under the contract entered into under paragraph 7#a7 shall be limited to the minimal quantity necessary to meet the immediate needs of the ,kettleman ,city ,community ,services ,district1 ,california1 in the event that local supplies or ,state ,water ,project allocations are insufficient to meet those needs4 7c7 ,permit ,the ,secretary shall apply for a permit with the ,state for a joint place of use for water deliveries authorized under the contract entered into under subsection 7b7 with respect to the expanded service area under subsection 7a71 consistent with ,state law4 7d7 ,additional costs ,if any additional infrastructure1 water treatment1 or related costs are needed to implement this section1 those costs shall be the responsibility of the non-,federal entity4 #ajgb4 ,oversight board for ,restoration ,fund 7a7 ,plan2 advisory board ,section #cdjg of the ,central ,valley ,project ,improvement ,act 7,public ,law #ajb-ege2 #ajf ,stat4 #dgbf7 is amended by adding at the end the following3 7g7 ,plan on expenditure of funds 7#a7 ,in general ,for each fiscal year1 the ,secretary1 in consultation with the ,advisory ,board1 shall submit to ,congress a plan for the expenditure of all of the funds deposited into the ,restoration ,fund during the preceding fiscal year4 7#b7 ,contents ,the plan shall include an analysis of the cost-effectiveness of each expenditure4 7h7 ,advisory board 7#a7 ,establishment ,there is established the ,restoration ,fund ,advisory ,board 7referred to in this section as the ,advisory ,board71 which shall be composed of #aa members appointed by the ,secretary4 7#b7 ,membership 7,a7 ,in general ,the ,secretary shall appoint members to the ,advisory ,board that represent the various ,central ,valley ,project stakeholders1 of whom-- 7i7 #d members shall be agricultural users of the ,central ,valley ,project1 including at least one agricultural user from north-of-the-,delta and one agricultural user from south-of-the-,delta2 7ii7 #b members shall be municipal and industrial users of the ,central ,valley ,project1 including one municipal and industrial user from north-of-the-,delta and one municipal and industrial user from south-of-the-,delta2 7iii7 #b members shall be power contractors of the ,central ,valley ,project1 including at least one power contractor from north-of-the-,delta and from south-of-the-,delta2 7iv7 #a member shall be a representative of a ,federal national wildlife refuge that contracts for ,central ,valley ,project water supplies with the ,bureau of ,reclamation2 7v7 #a member shall have expertise in the economic impacts of the changes to water operations2 and 7vi7 #a member shall be a representative of a wildlife entity that primarily focuses on waterfowl4 7,b7 ,observer ,the ,secretary and the ,secretary of ,commerce may each designate a representative to act as an observer of the ,advisory ,board4 7,c7 ,chair ,the ,secretary shall appoint #a of the members described in subparagraph 7,a7 to serve as ,chair of the ,advisory ,board4 7#c7 ,terms ,the term of each member of the ,advisory ,board shall be #d years4 7#d7 ,date of appointments ,the appointment of a member of the ,panel shall be made not later than-- 7,a7 the date that is #abj days after the date of enactment of this ,act2 or 7,b7 in the case of a vacancy on the ,panel described in subsection 7c77#b71 the date that is #abj days after the date on which the vacancy occurs4 7#e7 ,vacancies 7,a7 ,in general ,a vacancy on the ,panel shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment4 7,b7 ,filling unexpired term ,an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced4 7,c7 ,expiration of terms ,the term of any member shall not expire before the date on which the successor of the member takes office4 7#f7 ,removal ,a member of the ,panel may be removed from office by the ,secretary of the ,interior4 7#g7 ,federal advisory committee act ,the ,panel shall not be subject to the requirements of the ,federal ,advisory ,committee ,act4 7#h7 ,duties ,the duties of the ,advisory ,board are-- 7,a7 to meet not less frequently than semiannually to develop and make recommendations to the ,secretary regarding priorities and spending levels on projects and programs carried out under this title2 7,b7 to ensure that any advice given or recommendation made by the ,advisory ,board reflects the independent judgment of the ,advisory ,board2 7,c7 not later than ,december #ca1 #bjae1 and annually thereafter1 to submit to the ,secretary and ,congress the recommendations under subparagraph 7,a72 and 7,d7 not later than ,december #ca1 #bjae1 and biennially thereafter1 to submit to ,congress details of the progress made in achieving the actions required under section #cdjf4 7#i7 ,administration ,with the consent of the appropriate agency head1 the ,advisory ,board may use the facilities and services of any ,federal agency4 7#aj7 ,cooperation and assistance 7,a7 ,provision of information ,upon request of the ,panel ,chair for information or assistance to facilitate carrying out this section1 the ,secretary of the ,interior shall promptly provide such information1 unless otherwise prohibited by law4 7,b7 ,space and assistance ,the ,secretary of the ,interior shall provide the ,panel with appropriate and adequate office space1 together with such equipment1 office supplies1 and communications facilities and services as may be necessary for the operation of the ,panel1 and shall provide necessary maintenance services for such offices and the equipment and facilities located therein4 4 #ajgc4 ,water supply accounting 7a7 ,in general ,all ,central ,valley ,project water1 except ,central ,valley ,project water released pursuant to ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj used to implement an action undertaken for a fishery beneficial purpose that was not imposed by terms and conditions existing in licenses1 permits1 and other agreements pertaining to the ,central ,valley ,project under applicable ,state or ,federal law existing on ,october #cj1 #aiib1 shall be credited to the quantity of ,central ,valley ,project yield dedicated and managed under this section2 provided1 that nothing herein shall affect the ,secretary of the ,interior's duty to comply with any otherwise lawful requirement imposed on operations of the ,central ,valley ,project under any provision of ,federal or ,state law4 7b7 ,reclamation policies and allocations ,reclamation policies and allocations shall not be based upon any premise or assumption that ,central ,valley ,project contract supplies are supplemental or secondary to any other contractor source of supply4 #ajgd4 ,implementation of water replacement plan 7a7 ,in general ,not later than ,october #a1 #bjaf1 the ,secretary of the ,interior shall update and implement the plan required by section #cdjh7;j7 of title ,,xxxiv of ,public ,law #ajb-ege4 ,the ,secretary shall notify the ,congress annually describing the progress of implementing the plan required by section #cdjh7;j7 of title ,,xxxiv of ,public ,law #ajb-ege4 7b7 ,potential amendment ,if the plan required in subsection 7a7 has not increased the ,central ,valley ,project yield by #hjj1jjj acre-feet within #e years after the enactment of this ,act1 then section #cdjf of the ,central ,valley ,project ,improvement ,act 7title ,,xxxiv of ,public ,law #ajb-ege7 is amended as follows3 7#a7 ,in subsection 7b7-- 7,a7 by amending paragraph 7#b77;,c7 to read3 7,c7 ,if by ,march #ae1 #bjba1 and any year thereafter the quantity of ,central ,valley ,project water forecasted to be made available to all water service or repayment contractors of the ,central ,valley ,project is below #ej percent of the total quantity of water to be made available under said contracts1 the quantity of ,central ,valley ,project yield dedicated and managed for that year under this paragraph shall be reduced by #be percent4 4 #ajge4 ,natural and artificially spawned species ,after the date of the enactment of this title1 and regardless of the date of listing1 the ,secretaries of the ,interior and ,commerce shall not distinguish between natural-spawned and hatchery-spawned or otherwise artificially propagated strains of a species in making any determination under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that relates to any anadromous or pelagic fish species that resides for all or a portion of its life in the ,sacramento-,san ,joaquin ,delta or rivers tributary thereto4 #ajgf4 ,transfer the ,new ,melones ,unit1 ,central ,valley ,project to interested providers 7a7 ,definitions ,for the purposes of this section1 the following terms apply3 7#a7 ,interested local water and power providers ,the term interested local water and power providers includes the ,calaveras ,county ,water ,district1 ,calaveras ,public ,power ,agency1 ,central ,san ,joaquin ,water ,conservation ,district1 ,oakdale ,irrigation ,district1 ,stockton ,east ,water ,district1 ,south ,san ,joaquin ,irrigation ,district1 ,tuolumne ,utilities ,district1 ,tuolumne ,public ,power ,agency1 and ,union ,public ,utilities ,district4 7#b7 ,new melones unit1 central valley project ,the term ,new ,melones ,unit1 ,central ,valley ,project means all ,federal reclamation projects located within or diverting water from or to the watershed of the ,stanislaus and ,san ,joaquin rivers and their tributaries as authorized by the ,act of ,august #bf1 #aicg 7#ej ,stat4 #hej71 and all ,acts amendatory or supplemental thereto1 including the ,act of ,october #bc1 #aifb 7#gf ,stat4 #aagc74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,negotiations ,notwithstanding any other provision of law1 not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall enter into negotiations with interested local water and power providers for the transfer ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers within the ,state of ,california4 7c7 ,transfer ,the ,secretary shall transfer the ,new ,melones ,unit1 ,central ,valley ,project in accordance with an agreement reached pursuant to negotiations conducted under subsection 7b74 7d7 ,notification ,not later than #cfj days after the date of the enactment of this ,act1 and every #f months thereafter1 the ,secretary shall notify the appropriate committees of the ,house of ,representatives and the ,senate-- 7#a7 if an agreement is reached pursuant to negotiations conducted under subsection 7b71 the terms of that agreement2 7#b7 of the status of formal discussions with interested local water and power providers for the transfer of ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers2 7#c7 of all unresolved issues that are preventing execution of an agreement for the transfer of ownership1 control1 and operation of the ,new ,melones ,unit1 ,central ,valley ,project to interested local water and power providers2 7#d7 on analysis and review of studies1 reports1 discussions1 hearing transcripts1 negotiations1 and other information about past and present formal discussions that-- 7,a7 have a serious impact on the progress of the formal discussions2 7,b7 explain or provide information about the issues that prevent progress or finalization of formal discussions2 or 7,c7 are1 in whole or in part1 preventing execution of an agreement for the transfer2 and 7#e7 of any actions the ,secretary recommends that the ,united ,states should take to finalize an agreement for that transfer4 #ajgg4 ,basin studies 7a7 ,authorized studies ,the ,secretary of the ,interior is authorized and directed to expand opportunities and expedite completion of assessments under section #iejc7;b7 of the ,,secure ,water ,act 7#db ,u4,s4,c4 #ajcfc7;b771 with non-,federal partners1 of individual sub-basins and watersheds within major ,reclamation river basins2 and shall ensure timely decision and expedited implementation of adaptation and mitigation strategies developed through the special study process4 7b7 ,funding 7#a7 ,in general ,the non-,federal partners shall be responsible for #ajj percent of the cost of the special studies4 7#b7 ,contributed ,funds ,the ,secretary may accept and use contributions of funds from the non-,federal partners to carry out activities under the special studies4 #ajgh4 ,operations of the ,trinity ,river ,division ,the ,secretary of the ,interior1 in the operation of the ,trinity ,river ,division of the ,central ,valley ,project1 shall not make releases from ,lewiston ,dam in excess of the volume for each water-year type required by the ,u4,s4 ,department of the ,interior ,record of ,decision1 ,trinity ,river ,mainstem ,fishery ,restoration ,final ,environmental ,impact ,statement_/,environmental ,impact ,report dated ,december #bjjj4 7#a7 ,a maximum of #cfi1jjj acre-feet in a ,critically ,dry year4 7#b7 ,a maximum of #dec1jjj acre-feet in a ,dry year4 7#c7 ,a maximum of #fdg1jjj acre-feet in a ,normal year4 7#d7 ,a maximum of #gja1jjj acre-feet in a ,wet year4 7#e7 ,a maximum of #hae1jjj acre-feet in an ,extremely ,wet year4 #ajgi4 ,amendment to purposes ,section #cdjb of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjf7 is amended-- 7#a7 in subsection 7f71 by striking the period at the end2 and 7#b7 by adding at the end the following3 7g7 to ensure that water dedicated to fish and wildlife purposes by this title is replaced and provided to ,central ,valley ,project water contractors by ,december #ca1 #bjah1 at the lowest cost reasonably achievable2 and 7h7 to facilitate and expedite water transfers in accordance with this ,act4 4 #ajhj4 ,amendment to definition ,section #cdjc of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjg7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 the term anadromous fish means those native stocks of salmon 7including steelhead7 and sturgeon that1 as of ,october #cj1 #aiib1 were present in the ,sacramento and ,san ,joaquin ,rivers and their tributaries and ascend those rivers and their tributaries to reproduce after maturing in ,san ,francisco ,bay or the ,pacific ,ocean2 2 7#b7 in subsection 7l71 by striking and12 7#c7 in subsection 7m71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7n7 the term reasonable flow means water flows capable of being maintained taking into account competing consumptive uses of water and economic1 environmental1 and social factors4 4 #ajha4 ,report on results of water usage ,the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce and the ,secretary of ,natural ,resources of the ,state of ,california1 shall publish an annual report detailing instream flow releases from the ,central ,valley ,project and ,california ,state ,water ,project1 their explicit purpose and authority1 and all measured environmental benefit as a result of the releases4 #ajhb4 ,klamath project consultation applicants ,if the ,bureau of ,reclamation initiates or reinitiates consultation with the ,u4,s4 ,fish and ,wildlife ,service or the ,national ,marine ,fisheries ,service under section #g7;a77#b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b771 with respect to construction or operation of the ,klamath ,project 7or any part thereof71 ,klamath ,project contractors shall be accorded all the rights and responsibilities extended to applicants in the consultation process4 ,upon request of the ,klamath ,project contractors1 they may be represented through an association or organization4 ,g ,water ,supply ,permitting ,act #ajia4 ,short title ,this subtitle may be cited as the ,water ,supply ,permitting ,coordination ,act4 #ajib4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,bureau ,the term ,bureau means the ,bureau of ,reclamation4 7#c7 ,qualifying projects ,the term qualifying projects means new surface water storage projects in the ,states covered under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 constructed on lands administered by the ,department of the ,interior or the ,department of ,agriculture1 exclusive of any easement1 right-of-way1 lease1 or any private holding4 7#d7 ,cooperating agencies ,the term cooperating agency means a ,federal agency with jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a qualifying project under applicable ,federal laws and regulations1 or a ,state agency subject to section #ajic7;c74 #ajic4 ,establishment of lead agency and cooperating agencies 7a7 ,establishment of ,lead ,agency ,the ,bureau of ,reclamation is established as the lead agency for purposes of coordinating all reviews1 analyses1 opinions1 statements1 permits1 licenses1 or other approvals or decisions required under ,federal law to construct qualifying projects4 7b7 ,identification and ,establishment of ,cooperating ,agencies ,the ,commissioner of the ,bureau shall-- 7#a7 identify1 as early as practicable upon receipt of an application for a qualifying project1 any ,federal agency that may have jurisdiction over a review1 analysis1 opinion1 statement1 permit1 license1 approval1 or decision required for a qualifying project under applicable ,federal laws and regulations2 and 7#b7 notify any such agency1 within a reasonable timeframe1 that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the ,bureau in writing1 within a timeframe set forth by the ,bureau1 notifying the ,bureau that the agency-- 7,a7 has no jurisdiction or authority with respect to the qualifying project2 7,b7 has no expertise or information relevant to the qualifying project or any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision associated therewith2 or 7,c7 does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the ,bureau4 7c7 ,state ,authority ,a ,state in which a qualifying project is being considered may choose1 consistent with ,state law-- 7#a7 to participate as a cooperating agency2 and 7#b7 to make subject to the processes of this subtitle all ,state agencies that-- 7,a7 have jurisdiction over the qualifying project2 7,b7 are required to conduct or issue a review1 analysis1 or opinion for the qualifying project2 or 7,c7 are required to make a determination on issuing a permit1 license1 or approval for the qualifying project4 #ajid4 ,bureau responsibilities 7a7 ,in general ,the principal responsibilities of the ,bureau under this subtitle are to-- 7#a7 serve as the point of contact for applicants1 ,state agencies1 ,indian tribes1 and others regarding proposed qualifying projects2 7#b7 coordinate preparation of unified environmental documentation that will serve as the basis for all ,federal decisions necessary to authorize the use of ,federal lands for qualifying projects2 and 7#c7 coordinate all ,federal agency reviews necessary for project development and construction of qualifying projects4 7b7 ,coordination process ,the ,bureau shall have the following coordination responsibilities3 7#a7 ,pre-application coordination ,notify cooperating agencies of proposed qualifying projects not later than #cj days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants1 relevant ,federal and ,state agencies1 and ,indian tribes to-- 7,a7 explain applicable processes1 data requirements1 and applicant submissions necessary to complete the required ,federal agency reviews within the timeframe established2 and 7,b7 establish the schedule for the qualifying project4 7#b7 ,consultation with cooperating agencies ,consult with the cooperating agencies throughout the ,federal agency review process1 identify and obtain relevant data in a timely manner1 and set necessary deadlines for cooperating agencies4 7#c7 ,schedule ,work with the qualifying project applicant and cooperating agencies to establish a project schedule4 ,in establishing the schedule1 the ,bureau shall consider1 among other factors-- 7,a7 the responsibilities of cooperating agencies under applicable laws and regulations2 7,b7 the resources available to the cooperating agencies and the non-,federal qualifying project sponsor1 as applicable2 7,c7 the overall size and complexity of the qualifying project2 7,d7 the overall schedule for and cost of the qualifying project2 and 7,e7 the sensitivity of the natural and historic resources that may be affected by the qualifying project4 7#d7 ,environmental compliance ,prepare a unified environmental review document for each qualifying project application1 incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions4 ,help ensure that cooperating agencies make necessary decisions1 within their respective authorities1 regarding ,federal approvals in accordance with the following timelines3 7,a7 ,not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,not later than one year and #cj days after the close of the public comment period for a draft environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 when an environmental impact statement is required under the same4 7#e7 ,consolidated administrative record ,maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions4 7#f7 ,project data records ,to the extent practicable and consistent with ,federal law1 ensure that all project data is submitted and maintained in generally accessible electronic format1 compile1 and where authorized under existing law1 make available such project data to cooperating agencies1 the qualifying project applicant1 and to the public4 7#g7 ,project manager ,appoint a project manager for each qualifying project4 ,the project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents1 and shall be responsible for ensuring fulfillment of all ,bureau responsibilities set forth in this section and all cooperating agency responsibilities under section #ajie4 #ajie4 ,cooperating agency responsibilities 7a7 ,adherence to ,bureau ,schedule ,upon notification of an application for a qualifying project1 all cooperating agencies shall submit to the ,bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities4 ,the ,bureau shall use the timeframe submitted under this subsection to establish the project schedule under section #ajid1 and the cooperating agencies shall adhere to the project schedule established by the ,bureau4 7b7 ,environmental ,record ,cooperating agencies shall submit to the ,bureau all environmental review material produced or compiled in the course of carrying out activities required under ,federal law consistent with the project schedule established by the ,bureau4 7c7 ,data ,submission ,to the extent practicable and consistent with ,federal law1 the cooperating agencies shall submit all relevant project data to the ,bureau in a generally accessible electronic format subject to the project schedule set forth by the ,bureau4 #ajif4 ,funding to process permits 7a7 ,in general ,the ,secretary1 after public notice in accordance with the ,administrative ,procedures ,act 7#e ,u4,s4,c4 #eec71 may accept and expend funds contributed by a non-,federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project4 7b7 ,effect on permitting 7#a7 ,in general ,in carrying out this section1 the ,secretary shall ensure that the use of funds accepted under subsection 7a7 will not impact impartial decisionmaking with respect to permits1 either substantively or procedurally4 7#b7 ,evaluation of permits ,in carrying out this section1 the ,secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- 7,a7 be reviewed by the ,regional ,director of the ,bureau1 or the ,regional ,director's designee1 of the region in which the qualifying project or activity is located2 and 7,b7 use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section4 7#c7 ,impartial decisionmaking ,in carrying out this section1 the ,secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not-- 7,a7 impact impartial decisionmaking with respect to the issuance of permits1 either substantively or procedurally2 or 7,b7 diminish1 modify1 or otherwise affect the statutory or regulatory authorities of such agencies4 7c7 ,limitation on use of funds ,none of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection 7b77#b77;,a74 7d7 ,public availability ,the ,secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public1 including on the ,internet4 ,h ,bureau of ,reclamation ,project ,streamlining #aaja4 ,short title ,this subtitle may be cited as the ,bureau of ,reclamation ,project ,streamlining ,act4 #aajb4 ,definitions ,in this subtitle3 7#a7 ,environmental impact statement ,the term environmental impact statement means the detailed statement of environmental impacts of a project required to be prepared pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,environmental review process 7,a7 ,in general ,the term environmental review process means the process of preparing an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project study4 7,b7 ,inclusions ,the term environmental review process includes the process for and completion of any environmental permit1 approval1 review1 or study required for a project study under any ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#c7 ,federal jurisdictional agency ,the term ,federal jurisdictional agency means a ,federal agency with jurisdiction delegated by law1 regulation1 order1 or otherwise over a review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision required for a project study under applicable ,federal laws 7including regulations74 7#d7 ,federal lead agency ,the term ,federal lead agency means the ,bureau of ,reclamation4 7#e7 ,project ,the term project means a surface water project1 a project under the purview of title ,,xvi of ,public ,law #ajb-ege1 or a rural water supply project investigated under ,public ,law #aji-dea to be carried out1 funded or operated in whole or in party by the ,secretary pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#f7 ,project sponsor ,the term project sponsor means a ,state1 regional1 or local authority or instrumentality or other qualifying entity1 such as a water conservation district1 irrigation district1 water conservancy district1 joint powers authority1 mutual water company1 canal company1 rural water district or association1 or any other entity that has the capacity to contract with the ,united ,states under ,federal reclamation law4 7#g7 ,project study ,the term project study means a feasibility study for a project carried out pursuant to the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#i7 ,surface water storage ,the term surface water storage means any surface water reservoir or impoundment that would be owned1 funded or operated in whole or in part by the ,bureau of ,reclamation or that would be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 #aajc4 ,acceleration of studies 7a7 ,in general ,to the extent practicable1 a project study initiated by the ,secretary1 after the date of enactment of this ,act1 under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto1 shall-- 7#a7 result in the completion of a final feasibility report not later than #c years after the date of initiation2 7#b7 have a maximum ,federal cost of #c1jjj1jjj2 and 7#c7 ensure that personnel from the local project area1 region1 and headquarters levels of the ,bureau of ,reclamation concurrently conduct the review required under this section4 7b7 ,extension ,if the ,secretary determines that a project study described in subsection 7a7 will not be conducted in accordance with subsection 7a71 the ,secretary1 not later than #cj days after the date of making the determination1 shall-- 7#a7 prepare an updated project study schedule and cost estimate2 7#b7 notify the non-,federal project cost-sharing partner that the project study has been delayed2 and 7#c7 provide written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate as to the reasons the requirements of subsection 7a7 are not attainable4 7c7 ,exception 7#a7 ,in general ,notwithstanding the requirements of subsection 7a71 the ,secretary may extend the timeline of a project study by a period not to exceed #c years1 if the ,secretary determines that the project study is too complex to comply with the requirements of subsection 7a74 7#b7 ,factors ,in making a determination that a study is too complex to comply with the requirements of subsection 7a71 the ,secretary shall consider-- 7,a7 the type1 size1 location1 scope1 and overall cost of the project2 7,b7 whether the project will use any innovative design or construction techniques2 7,c7 whether the project will require significant action by other ,federal1 ,state1 or local agencies2 7,d7 whether there is significant public dispute as to the nature or effects of the project2 and 7,e7 whether there is significant public dispute as to the economic or environmental costs or benefits of the project4 7#c7 ,notification ,each time the ,secretary makes a determination under this subsection1 the ,secretary shall provide written notice to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate as to the results of that determination1 including an identification of the specific one or more factors used in making the determination that the project is complex4 7#d7 ,limitation ,the ,secretary shall not extend the timeline for a project study for a period of more than #g years1 and any project study that is not completed before that date shall no longer be authorized4 7d7 ,reviews ,not later than #ij days after the date of the initiation of a project study described in subsection 7a71 the ,secretary shall-- 7#a7 take all steps necessary to initiate the process for completing federally mandated reviews that the ,secretary is required to complete as part of the study1 including the environmental review process under section #aaje2 7#b7 convene a meeting of all ,federal1 tribal1 and ,state agencies identified under section #aaje7;d7 that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study2 and 7#c7 take all steps necessary to provide information that will enable required reviews and analyses related to the project to be conducted by other agencies in a thorough and timely manner4 7e7 ,interim report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of the planning process under this section1 including the number of participating projects2 7#b7 a review of project delivery schedules1 including a description of any delays on those studies initiated prior to the date of the enactment of this ,act2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project4 7f7 ,final report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate and make publicly available a report that describes-- 7#a7 the status of the implementation of this section1 including a description of each project study subject to the requirements of this section2 7#b7 the amount of time taken to complete each project study2 and 7#c7 any recommendations for additional authority necessary to support efforts to expedite the project study process1 including an analysis of whether the limitation established by subsection 7a77#b7 needs to be adjusted to address the impacts of inflation4 #aajd4 ,expedited completion of reports ,the ,secretary shall-- 7#a7 expedite the completion of any ongoing project study initiated before the date of enactment of this ,act2 and 7#b7 if the ,secretary determines that the project is justified in a completed report1 proceed directly to preconstruction planning1 engineering1 and design of the project in accordance with the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 #aaje4 ,project acceleration 7a7 ,applicability 7#a7 ,in general ,this section shall apply to-- 7,a7 each project study that is initiated after the date of enactment of this ,act and for which an environmental impact statement is prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the extent determined appropriate by the ,secretary1 to other project studies initiated before the date of enactment of this ,act and for which an environmental review process document is prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 any project study for the development of a non-federally owned and operated surface water storage project for which the ,secretary determines there is a demonstrable ,federal interest and the project-- 7i7 is located in a river basin where other ,bureau of ,reclamation water projects are located2 7ii7 will create additional water supplies that support ,bureau of ,reclamation water projects2 or 7iii7 will become integrated into the operation of ,bureau of ,reclamation water projects4 7#b7 ,flexibility ,any authority granted under this section may be exercised1 and any requirement established under this section may be satisfied1 for the conduct of an environmental review process for a project study1 a class of project studies1 or a program of project studies4 7#c7 ,list of project studies 7,a7 ,in general ,the ,secretary shall annually prepare1 and make publicly available1 a list of all project studies that the ,secretary has determined-- 7i7 meets the standards described in paragraph 7#a72 and 7ii7 does not have adequate funding to make substantial progress toward the completion of the project study4 7,b7 ,inclusions ,the ,secretary shall include for each project study on the list under subparagraph 7,a7 a description of the estimated amounts necessary to make substantial progress on the project study4 7b7 ,project review process 7#a7 ,in general ,the ,secretary shall develop and implement a coordinated environmental review process for the development of project studies4 7#b7 ,coordinated review ,the coordinated environmental review process described in paragraph 7#a7 shall require that any review1 analysis1 opinion1 statement1 permit1 license1 or other approval or decision issued or made by a ,federal1 ,state1 or local governmental agency or an ,indian tribe for a project study described in subsection 7b7 be conducted1 to the maximum extent practicable1 concurrently with any other applicable governmental agency or ,indian tribe4 7#c7 ,timing ,the coordinated environmental review process under this subsection shall be completed not later than the date on which the ,secretary1 in consultation and concurrence with the agencies identified under section #aaje7;d71 establishes with respect to the project study4 7c7 ,lead agencies 7#a7 ,joint lead agencies 7,a7 ,in general ,subject to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the requirements of section #aejf4h of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 including the concurrence of the proposed joint lead agency1 a project sponsor may serve as the joint lead agency4 7,b7 ,project sponsor as joint lead agency ,a project sponsor that is a ,state or local governmental entity may-- 7i7 with the concurrence of the ,secretary1 serve as a joint lead agency with the ,federal lead agency for purposes of preparing any environmental document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 prepare any environmental review process document under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 required in support of any action or approval by the ,secretary if-- 7,i7 the ,secretary provides guidance in the preparation process and independently evaluates that document2 7,,ii7 the project sponsor complies with all requirements applicable to the ,secretary under-- 7aa7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7bb7 any regulation implementing that ,act2 and 7cc7 any other applicable ,federal law2 and 7,,iii7 the ,secretary approves and adopts the document before the ,secretary takes any subsequent action or makes any approval based on that document1 regardless of whether the action or approval of the ,secretary results in ,federal funding4 7#b7 ,duties ,the ,secretary shall ensure that-- 7,a7 the project sponsor complies with all design and mitigation commitments made jointly by the ,secretary and the project sponsor in any environmental document prepared by the project sponsor in accordance with this subsection2 and 7,b7 any environmental document prepared by the project sponsor is appropriately supplemented to address any changes to the project the ,secretary determines are necessary4 7#c7 ,adoption and use of documents ,any environmental document prepared in accordance with this subsection shall be adopted and used by any ,federal agency making any determination related to the project study to the same extent that the ,federal agency could adopt or use a document prepared by another ,federal agency under-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#d7 ,roles and responsibility of lead agency ,with respect to the environmental review process for any project study1 the ,federal lead agency shall have authority and responsibility-- 7,a7 to take such actions as are necessary and proper and within the authority of the ,federal lead agency to facilitate the expeditious resolution of the environmental review process for the project study2 and 7,b7 to prepare or ensure that any required environmental impact statement or other environmental review document for a project study required to be completed under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is completed in accordance with this section and applicable ,federal law4 7d7 ,participating and cooperating agencies 7#a7 ,identification of jurisdictional agencies ,with respect to carrying out the environmental review process for a project study1 the ,secretary shall identify1 as early as practicable in the environmental review process1 all ,federal1 ,state1 and local government agencies and ,indian tribes that may-- 7,a7 have jurisdiction over the project2 7,b7 be required by law to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 be required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#b7 ,state authority ,if the environmental review process is being implemented by the ,secretary for a project study within the boundaries of a ,state1 the ,state1 consistent with ,state law1 may choose to participate in the process and to make subject to the process all ,state agencies that-- 7,a7 have jurisdiction over the project2 7,b7 are required to conduct or issue a review1 analysis1 opinion1 or statement for the project study2 or 7,c7 are required to make a determination on issuing a permit1 license1 or other approval or decision for the project study4 7#c7 ,invitation 7,a7 ,in general ,the ,federal lead agency shall invite1 as early as practicable in the environmental review process1 any agency identified under paragraph 7#a7 to become a participating or cooperating agency1 as applicable1 in the environmental review process for the project study4 7,b7 ,deadline ,an invitation to participate issued under subparagraph 7,a7 shall set a deadline by which a response to the invitation shall be submitted1 which may be extended by the ,federal lead agency for good cause4 7#d7 ,procedures ,section #aeja4f of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,bureau of ,reclamation ,project ,streamlining ,act7 shall govern the identification and the participation of a cooperating agency4 7#e7 ,federal cooperating agencies ,any ,federal agency that is invited by the ,federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the ,federal lead agency unless the invited agency informs the ,federal lead agency1 in writing1 by the deadline specified in the invitation that the invited agency-- 7,a7 7i7 has no jurisdiction or authority with respect to the project2 7ii7 has no expertise or information relevant to the project2 or 7iii7 does not have adequate funds to participate in the project2 and 7,b7 does not intend to submit comments on the project4 7#f7 ,administration ,a participating or cooperating agency shall comply with this section and any schedule established under this section4 7#g7 ,effect of designation ,designation as a participating or cooperating agency under this subsection shall not imply that the participating or cooperating agency-- 7,a7 supports a proposed project2 or 7,b7 has any jurisdiction over1 or special expertise with respect to evaluation of1 the project4 7#h7 ,concurrent reviews ,each participating or cooperating agency shall-- 7,a7 carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process1 unless doing so would prevent the participating or cooperating agency from conducting needed analysis or otherwise carrying out those obligations2 and 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely1 coordinated1 and environmentally responsible manner4 7e7 ,non-,federal projects integrated into reclamation systems ,the ,federal lead agency shall serve in that capacity for the entirety of all non-,federal projects that will be integrated into a larger system owned1 operated or administered in whole or in part by the ,bureau of ,reclamation4 7f7 ,non-,federal project ,if the ,secretary determines that a project can be expedited by a non-,federal sponsor and that there is a demonstrable ,federal interest in expediting that project1 the ,secretary shall take such actions as are necessary to advance such a project as a non-,federal project1 including1 but not limited to1 entering into agreements with the non-,federal sponsor of such project to support the planning1 design and permitting of such project as a non-,federal project4 7g7 ,programmatic compliance 7#a7 ,in general ,the ,secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that-- 7,a7 eliminates repetitive discussions of the same issues2 7,b7 focuses on the actual issues ripe for analyses at each level of review2 7,c7 establishes a formal process for coordinating with participating and cooperating agencies1 including the creation of a list of all data that are needed to carry out an environmental review process2 and 7,d7 complies with-- 7i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7ii7 all other applicable laws4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,secretary shall-- 7,a7 as the first step in drafting guidance under that paragraph1 consult with relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public on the appropriate use and scope of the programmatic approaches2 7,b7 emphasize the importance of collaboration among relevant ,federal1 ,state1 and local governmental agencies1 and ,indian tribes in undertaking programmatic reviews1 especially with respect to including reviews with a broad geographical scope2 7,c7 ensure that the programmatic reviews-- 7i7 promote transparency1 including of the analyses and data used in the environmental review process1 the treatment of any deferred issues raised by ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 or the public1 and the temporal and special scales to be used to analyze those issues2 7ii7 use accurate and timely information in the environmental review process1 including-- 7,i7 criteria for determining the general duration of the usefulness of the review2 and 7,,ii7 the timeline for updating any out-of-date review2 7iii7 describe-- 7,i7 the relationship between programmatic analysis and future tiered analysis2 and 7,,ii7 the role of the public in the creation of future tiered analysis2 and 7iv7 are available to other relevant ,federal1 ,state1 and local governmental agencies1 ,indian tribes1 and the public2 7,d7 allow not fewer than #fj days of public notice and comment on any proposed guidance2 and 7,e7 address any comments received under subparagraph 7,d74 7h7 ,coordinated reviews 7#a7 ,coordination plan 7,a7 ,establishment ,the ,federal lead agency shall1 after consultation with and with the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 establish a plan for coordinating public and agency participation in1 and comment on1 the environmental review process for a project study or a category of project studies4 7,b7 ,schedule 7i7 ,in general ,as soon as practicable but not later than #de days after the close of the public comment period on a draft environmental impact statement1 the ,federal lead agency1 after consultation with and the concurrence of each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable1 shall establish1 as part of the coordination plan established in subparagraph 7,a71 a schedule for completion of the environmental review process for the project study4 7ii7 ,factors for consideration ,in establishing a schedule1 the ,secretary shall consider factors such as-- 7,i7 the responsibilities of participating and cooperating agencies under applicable laws2 7,,ii7 the resources available to the project sponsor1 joint lead agency1 and other relevant ,federal and ,state agencies1 as applicable2 7,,iii7 the overall size and complexity of the project2 7,,iv7 the overall schedule for and cost of the project2 and 7,v7 the sensitivity of the natural and historical resources that could be affected by the project4 7iii7 ,modifications ,the ,secretary may-- 7,i7 lengthen a schedule established under clause 7i7 for good cause2 and 7,,ii7 shorten a schedule only with concurrence of the affected participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable4 7iv7 ,dissemination ,a copy of a schedule established under clause 7i7 shall be-- 7,i7 provided to each participating and cooperating agency and the project sponsor or joint lead agency1 as applicable2 and 7,,ii7 made available to the public4 7#b7 ,comment deadlines ,the ,federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study3 7,a7 ,draft environmental impact statements ,for comments by ,federal and ,state agencies and the public on a draft environmental impact statement1 a period of not more than #fj days after publication in the ,federal ,register of notice of the date of public availability of the draft environmental impact statement1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7,b7 ,other environmental review processes ,for all other comment periods established by the ,federal lead agency for agency or public comments in the environmental review process1 a period of not more than #cj days after the date on which the materials on which comment is requested are made available1 unless-- 7i7 a different deadline is established by agreement of the ,federal lead agency1 the project sponsor1 or joint lead agency1 as applicable1 and all participating and cooperating agencies2 or 7ii7 the deadline is extended by the ,federal lead agency for good cause4 7#c7 ,deadlines for decisions under other laws ,in any case in which a decision under any ,federal law relating to a project study1 including the issuance or denial of a permit or license1 is required to be made by the date described in subsection 7i77#e77;,b71 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 as soon as practicable after the #ahj-;day period described in subsection 7i77#e77;,b71 an initial notice of the failure of the ,federal agency to make the decision2 and 7,b7 every #fj days thereafter until such date as all decisions of the ,federal agency relating to the project study have been made by the ,federal agency1 an additional notice that describes the number of decisions of the ,federal agency that remain outstanding as of the date of the additional notice4 7#d7 ,involvement of the public ,nothing in this subsection reduces any time period provided for public comment in the environmental review process under applicable ,federal law 7including regulations74 7#e7 ,transparency reporting 7,a7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and maintain an electronic database and1 in coordination with other ,federal and ,state agencies1 issue reporting requirements to make publicly available the status and progress with respect to compliance with applicable requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any other ,federal1 ,state1 or local approval or action required for a project study for which this section is applicable4 7,b7 ,project study transparency ,consistent with the requirements established under subparagraph 7,a71 the ,secretary shall make publicly available the status and progress of any ,federal1 ,state1 or local decision1 action1 or approval required under applicable laws for each project study for which this section is applicable4 7i7 ,issue identification and resolution 7#a7 ,cooperation ,the ,federal lead agency1 the cooperating agencies1 and any participating agencies shall work cooperatively in accordance with this section to identify and resolve issues that could delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws4 7#b7 ,federal lead agency responsibilities 7,a7 ,in general ,the ,federal lead agency shall make information available to the cooperating agencies and participating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration4 7,b7 ,data sources ,the information under subparagraph 7,a7 may be based on existing data sources1 including geographic information systems mapping4 7#c7 ,cooperating and participating agency responsibilities ,based on information received from the ,federal lead agency1 cooperating and participating agencies shall identify1 as early as practicable1 any issues of concern regarding the potential environmental or socioeconomic impacts of the project1 including any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study4 7#d7 ,accelerated issue resolution and elevation 7,a7 ,in general ,on the request of a participating or cooperating agency or project sponsor1 the ,secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the project sponsor or joint lead agency1 as applicable1 to resolve issues that may-- 7i7 delay completion of the environmental review process2 or 7ii7 result in denial of any approval required for the project study under applicable laws4 7,b7 ,meeting date ,a meeting requested under this paragraph shall be held not later than #ba days after the date on which the ,secretary receives the request for the meeting1 unless the ,secretary determines that there is good cause to extend that deadline4 7,c7 ,notification ,on receipt of a request for a meeting under this paragraph1 the ,secretary shall notify all relevant participating and cooperating agencies of the request1 including the issue to be resolved and the date for the meeting4 7,d7 ,elevation of issue resolution ,if a resolution cannot be achieved within the #cj-;day period beginning on the date of a meeting under this paragraph and a determination is made by the ,secretary that all information necessary to resolve the issue has been obtained1 the ,secretary shall forward the dispute to the heads of the relevant agencies for resolution4 7,e7 ,convention by secretary ,the ,secretary may convene an issue resolution meeting under this paragraph at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under subparagraph 7,a74 7#e7 ,financial penalty provisions 7,a7 ,in general ,a ,federal jurisdictional agency shall complete any required approval or decision for the environmental review process on an expeditious basis using the shortest existing applicable process4 7,b7 ,failure to decide 7i7 ,in general 7,i7 ,transfer of funds ,if a ,federal jurisdictional agency fails to render a decision required under any ,federal law relating to a project study that requires the preparation of an environmental impact statement or environmental assessment1 including the issuance or denial of a permit1 license1 statement1 opinion1 or other approval by the date described in clause 7ii71 the amount of funds made available to support the office of the head of the ,federal jurisdictional agency shall be reduced by an amount of funding equal to the amount specified in item 7aa7 or 7bb7 of subclause 7,,ii71 and those funds shall be made available to the division of the ,federal jurisdictional agency charged with rendering the decision by not later than #a day after the applicable date under clause 7ii71 and once each week thereafter until a final decision is rendered1 subject to subparagraph 7,c74 7,,ii7 ,amount to be transferred ,the amount referred to in subclause 7,i7 is-- 7aa7 #bj1jjj for any project study requiring the preparation of an environmental assessment or environmental impact statement2 or 7bb7 #aj1jjj for any project study requiring any type of review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 other than an environmental assessment or environmental impact statement4 7ii7 ,description of date ,the date referred to in clause 7i7 is the later of-- 7,i7 the date that is #ahj days after the date on which an application for the permit1 license1 or approval is complete2 and 7,,ii7 the date that is #ahj days after the date on which the ,federal lead agency issues a decision on the project under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,limitations 7i7 ,in general ,no transfer of funds under subparagraph 7,b7 relating to an individual project study shall exceed1 in any fiscal year1 an amount equal to #a percent of the funds made available for the applicable agency office4 7ii7 ,failure to decide ,the total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to #e percent of the funds made available for the applicable agency office for that fiscal year4 7iii7 ,aggregate ,notwithstanding any other provision of law1 for each fiscal year1 the aggregate amount of financial penalties assessed against each applicable agency office under this ,act and any other ,federal law as a result of a failure of the agency to make a decision by an applicable deadline for environmental review1 including the total amount transferred under this paragraph1 shall not exceed an amount equal to #i4e percent of the funds made available for the agency office for that fiscal year4 7,d7 ,notification of transfers ,not later than #aj days after the last date in a fiscal year on which funds of the ,federal jurisdictional agency may be transferred under subparagraph 7,b77#e7 with respect to an individual decision1 the agency shall submit to the appropriate committees of the ,house of ,representatives and the ,senate written notification that includes a description of-- 7i7 the decision2 7ii7 the project study involved2 7iii7 the amount of each transfer under subparagraph 7,b7 in that fiscal year relating to the decision2 7iv7 the total amount of all transfers under subparagraph 7,b7 in that fiscal year relating to the decision2 and 7v7 the total amount of all transfers of the agency under subparagraph 7,b7 in that fiscal year4 7,e7 ,no fault of agency 7i7 ,in general ,a transfer of funds under this paragraph shall not be made if the applicable agency described in subparagraph 7,a7 notifies1 with a supporting explanation1 the ,federal lead agency1 cooperating agencies1 and project sponsor1 as applicable1 that-- 7,i7 the agency has not received necessary information or approvals from another entity in a manner that affects the ability of the agency to meet any requirements under ,federal1 ,state1 or local law2 7,,ii7 significant new information1 including from public comments1 or circumstances1 including a major modification to an aspect of the project1 requires additional analysis for the agency to make a decision on the project application2 or 7,,iii7 the agency lacks the financial resources to complete the review under the scheduled timeframe1 including a description of the number of full-time employees required to complete the review1 the amount of funding required to complete the review1 and a justification as to why not enough funding is available to complete the review by the deadline4 7ii7 ,lack of financial resources ,if the agency provides notice under clause 7i77,,iii71 the ,inspector ,general of the agency shall-- 7,i7 conduct a financial audit to review the notice2 and 7,,ii7 not later than #ij days after the date on which the review described in subclause 7,i7 is completed1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the results of the audit conducted under subclause 7,i74 7,f7 ,limitation ,the ,federal agency from which funds are transferred pursuant to this paragraph shall not reprogram funds to the office of the head of the agency1 or equivalent office1 to reimburse that office for the loss of the funds4 7,g7 ,effect of paragraph ,nothing in this paragraph affects or limits the application of1 or obligation to comply with1 any ,federal1 ,state1 local1 or tribal law4 7j7 ,memorandum of agreements for early coordination 7#a7 ,sense of congress ,it is the sense of ,congress that-- 7,a7 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other1 ,state and local agencies1 and ,indian tribes on environmental review and ,bureau of ,reclamation project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process1 prevent potential conflicts1 and ensure that planning and project development decisions reflect environmental values2 and 7,b7 the cooperation referred to in subparagraph 7,a7 should include the development of policies and the designation of staff that advise planning agencies and project sponsors of studies or other information foreseeably required for later ,federal action and early consultation with appropriate ,state and local agencies and ,indian tribes4 7#b7 ,technical assistance ,if requested at any time by a ,state or project sponsor1 the ,secretary and other ,federal agencies with relevant jurisdiction in the environmental review process1 shall1 to the maximum extent practicable and appropriate1 as determined by the agencies1 provide technical assistance to the ,state or project sponsor in carrying out early coordination activities4 7#c7 ,memorandum of agency agreement ,if requested at any time by a ,state or project sponsor1 the ,federal lead agency1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,indian tribes1 ,state and local governments1 and other appropriate entities to carry out the early coordination activities1 including providing technical assistance in identifying potential impacts and mitigation issues in an integrated fashion4 7k7 ,limitations ,nothing in this section preempts or interferes with-- 7#a7 any obligation to comply with the provisions of any ,federal law1 including-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 any other ,federal environmental law2 7#b7 the reviewability of any final ,federal agency action in a court of the ,united ,states or in the court of any ,state2 7#c7 any requirement for seeking1 considering1 or responding to public comment2 or 7#d7 any power1 jurisdiction1 responsibility1 duty1 or authority that a ,federal1 ,state1 or local governmental agency1 ,indian tribe1 or project sponsor has with respect to carrying out a project or any other provision of law applicable to projects4 7l7 ,timing of claims 7#a7 ,timing 7,a7 ,in general ,notwithstanding any other provision of law1 a claim arising under ,federal law seeking judicial review of a permit1 license1 or other approval issued by a ,federal agency for a project study shall be barred unless the claim is filed not later than #c years after publication of a notice in the ,federal ,register announcing that the permit1 license1 or other approval is final pursuant to the law under which the agency action is taken1 unless a shorter time is specified in the ,federal law that allows judicial review4 7,b7 ,applicability ,nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit1 license1 or other approval4 7#b7 ,new information 7,a7 ,in general ,the ,secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title #dj1 ,code of ,federal ,regulations 7including successor regulations74 7,b7 ,separate action ,the preparation of a supplemental environmental impact statement or other environmental document1 if required under this section1 shall be considered a separate final agency action and the deadline for filing a claim for judicial review of the action shall be #c years after the date of publication of a notice in the ,federal ,register announcing the action relating to such supplemental environmental impact statement or other environmental document4 7m7 ,categorical exclusions 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 survey the use by the ,bureau of ,reclamation of categorical exclusions in projects since #bjje2 7,b7 publish a review of the survey that includes a description of-- 7i7 the types of actions that were categorically excluded or could be the basis for developing a new categorical exclusion2 and 7ii7 any requests previously received by the ,secretary for new categorical exclusions2 and 7,c7 solicit requests from other ,federal agencies and project sponsors for new categorical exclusions4 7#b7 ,new categorical exclusions ,not later than #a year after the date of enactment of this ,act1 if the ,secretary has identified a category of activities that merit establishing a categorical exclusion that did not exist on the day before the date of enactment this ,act based on the review under paragraph 7#a71 the ,secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion1 to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulation74 7n7 ,review of project acceleration reforms 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assess the reforms carried out under this section2 and 7,b7 not later than #e years and not later than #aj years after the date of enactment of this ,act1 submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes the results of the assessment4 7#b7 ,contents ,the reports under paragraph 7#a7 shall include an evaluation of impacts of the reforms carried out under this section on-- 7,a7 project delivery2 7,b7 compliance with environmental laws2 and 7,c7 the environmental impact of projects4 7o7 ,performance measurement ,the ,secretary shall establish a program to measure and report on progress made toward improving and expediting the planning and environmental review process4 7p7 ,categorical exclusions in emergencies ,for the repair1 reconstruction1 or rehabilitation of a ,bureau of ,reclamation surface water storage project that is in operation or under construction when damaged by an event or incident that results in a declaration by the ,president of a major disaster or emergency pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq471 the ,secretary shall treat such repair1 reconstruction1 or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 if the repair or reconstruction activity is-- 7#a7 in the same location with the same capacity1 dimensions1 and design as the original ,bureau of ,reclamation surface water storage project as before the declaration described in this section2 and 7#b7 commenced within a #b-year period beginning on the date of a declaration described in this subsection4 #aajf4 ,annual report to ,congress 7a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall develop and submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report1 to be entitled ,report to ,congress on ,future ,water ,project ,development1 that identifies the following3 7#a7 ,project reports ,each project report that meets the criteria established in subsection 7c77#a77;,a74 7#b7 ,proposed project studies ,any proposed project study submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b7 that meets the criteria established in subsection 7c77#a77;,a74 7#c7 ,proposed modifications ,any proposed modification to an authorized water project or project study that meets the criteria established in subsection 7c77#a77;,a7 that-- 7,a7 is submitted to the ,secretary by a non-,federal interest pursuant to subsection 7b72 or 7,b7 is identified by the ,secretary for authorization4 7#d7 ,expedited completion of report and determinations ,any project study that was expedited and any ,secretarial determinations under section #aajd4 7b7 ,requests for proposals 7#a7 ,publication ,not later than ,may #a of each year1 the ,secretary shall publish in the ,federal ,register a notice requesting proposals from non-,federal interests for proposed project studies and proposed modifications to authorized projects and project studies to be included in the annual report4 7#b7 ,deadline for requests ,the ,secretary shall include in each notice required by this subsection a requirement that non-,federal interests submit to the ,secretary any proposals described in paragraph 7#a7 by not later than #abj days after the date of publication of the notice in the ,federal ,register in order for the proposals to be considered for inclusion in the annual report4 7#c7 ,notification ,on the date of publication of each notice required by this subsection1 the ,secretary shall-- 7,a7 make the notice publicly available1 including on the ,internet2 and 7,b7 provide written notification of the publication to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate4 7c7 ,contents 7#a7 ,project reports1 proposed project studies1 and proposed modifications 7,a7 ,criteria for inclusion in report ,the ,secretary shall include in the annual report only those project reports1 proposed project studies1 and proposed modifications to authorized projects and project studies that-- 7i7 are related to the missions and authorities of the ,bureau of ,reclamation2 7ii7 require specific congressional authorization1 including by an ,act of ,congress2 7iii7 have not been congressionally authorized2 7iv7 have not been included in any previous annual report2 and 7v7 if authorized1 could be carried out by the ,bureau of ,reclamation4 7,b7 ,description of benefits 7i7 ,description ,the ,secretary shall describe in the annual report1 to the extent applicable and practicable1 for each proposed project study and proposed modification to an authorized water resources development project or project study included in the annual report1 the benefits1 as described in clause 7ii71 of each such study or proposed modification4 7ii7 ,benefits ,the benefits 7or expected benefits1 in the case of a proposed project study7 described in this clause are benefits to-- 7,i7 the protection of human life and property2 7,,ii7 improvement to domestic irrigated water and power supplies2 7,,iii7 the national economy2 7,,iv7 the environment2 or 7,v7 the national security interests of the ,united ,states4 7,c7 ,identification of other factors ,the ,secretary shall identify in the annual report1 to the extent practicable-- 7i7 for each proposed project study included in the annual report1 the non-,federal interest that submitted the proposed project study pursuant to subsection 7b72 and 7ii7 for each proposed project study and proposed modification to a project or project study included in the annual report1 whether the non-,federal interest has demonstrated-- 7,i7 that local support exists for the proposed project study or proposed modification to an authorized project or project study 7including the surface water storage development project that is the subject of the proposed feasibility study or the proposed modification to an authorized project study72 and 7,,ii7 the financial ability to provide the required non-,federal cost share4 7#b7 ,transparency ,the ,secretary shall include in the annual report1 for each project report1 proposed project study1 and proposed modification to a project or project study included under paragraph 7#a77;,a7-- 7,a7 the name of the associated non-,federal interest1 including the name of any non-,federal interest that has contributed1 or is expected to contribute1 a non-,federal share of the cost of-- 7i7 the project report2 7ii7 the proposed project study2 7iii7 the authorized project study for which the modification is proposed2 or 7iv7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the water report2 7bb7 the proposed project study2 or 7cc7 the authorized project study for which a modification is proposed2 or 7,,ii7 the proposed modification to a project2 7,b7 a letter or statement of support for the water report1 proposed project study1 or proposed modification to a project or project study from each associated non-,federal interest2 7,c7 the purpose of the feasibility report1 proposed feasibility study1 or proposed modification to a project or project study2 7,d7 an estimate1 to the extent practicable1 of the ,federal1 non-,federal1 and total costs of-- 7i7 the proposed modification to an authorized project study2 and 7ii7 construction of-- 7,i7 the project that is the subject of-- 7aa7 the project report2 or 7bb7 the authorized project study for which a modification is proposed1 with respect to the change in costs resulting from such modification2 or 7,,ii7 the proposed modification to an authorized project2 and 7,e7 an estimate1 to the extent practicable1 of the monetary and nonmonetary benefits of-- 7i7 the project that is the subject of-- 7,i7 the project report2 or 7,,ii7 the authorized project study for which a modification is proposed1 with respect to the benefits of such modification2 or 7ii7 the proposed modification to an authorized project4 7#c7 ,certification ,the ,secretary shall include in the annual report a certification stating that each feasibility report1 proposed feasibility study1 and proposed modification to a project or project study included in the annual report meets the criteria established in paragraph 7#a77;,a74 7#d7 ,appendix ,the ,secretary shall include in the annual report an appendix listing the proposals submitted under subsection 7b7 that were not included in the annual report under paragraph 7#a77;,a7 and a description of why the ,secretary determined that those proposals did not meet the criteria for inclusion under such paragraph4 7d7 ,special rule for initial annual report ,notwithstanding any other deadlines required by this section1 the ,secretary shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 publish in the ,federal ,register a notice required by subsection 7b77#a72 and 7#b7 include in such notice a requirement that non-,federal interests submit to the ,secretary any proposals described in subsection 7b77#a7 by not later than #abj days after the date of publication of such notice in the ,federal ,register in order for such proposals to be considered for inclusion in the first annual report developed by the ,secretary under this section4 7e7 ,publication ,upon submission of an annual report to ,congress1 the ,secretary shall make the annual report publicly available1 including through publication on the ,internet4 7f7 ,definition ,in this section1 the term project report means a final feasibility report developed under the ,reclamation ,act of #aijb 7#cb ,stat4 #chh71 and all ,acts amendatory thereof or supplementary thereto4 ,i ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement #aaaa4 ,short title ,this subtitle may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 #aaab4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies 7a7 ,conversion and prepayment of contracts 7#a7 ,conversion ,upon request of the contractor1 the ,secretary of the ,interior shall convert any water service contract in effect on the date of enactment of this ,act and between the ,united ,states and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions4 ,the manner of conversion under this paragraph shall be as follows3 7,a7 ,water service contracts that were entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie74 7,b7 ,water service contracts that were entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to be converted under this section shall be converted to a contract under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie74 7#b7 ,prepayment ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 all repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,a7 shall-- 7,a7 provide for the repayment1 either in lump sum or by accelerated prepayment1 of the remaining construction costs identified in water project specific irrigation rate repayment schedules1 as adjusted to reflect payment not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 no later than #c years after the effective date of the repayment contract1 such amount to be discounted by the ,treasury rate4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days following receipt of request of the contractor2 7,b7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7,d7 continue so long as the contractor pays applicable charges1 consistent with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#c7 ,contract requirements ,except for those repayment contracts under which the contractor has previously negotiated for prepayment1 the following shall apply with regard to all repayment contracts under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie7 in effect on the date of enactment of this ,act at the request of the contractor1 and all contracts converted pursuant to paragraph 7#a77;,b73 7,a7 ,provide for the repayment in lump sum of the remaining construction costs identified in water project specific municipal and industrial rate repayment schedules1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor4 ,an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #ij days after receipt of request of contractor4 7,b7 ,the contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law4 7,c7 ,continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#d7 ,conditions ,all contracts entered into pursuant to paragraphs 7#a71 7#b71 and 7#c7 shall-- 7,a7 not be adjusted on the basis of the type of prepayment financing used by the water users' association2 7,b7 conform to any other agreements1 such as applicable settlement agreements and new constructed appurtenant facilities2 and 7,c7 not modify other water service1 repayment1 exchange and transfer contractual rights between the water users' association1 and the ,bureau of ,reclamation1 or any rights1 obligations1 or relationships of the water users' association and their landowners as provided under ,state law4 7b7 ,accounting ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be not less than one year and not more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor4 7c7 ,applicability of certain provisions 7#a7 ,effect of existing law ,upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection 7a77#b77;,a71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall apply to affected lands4 7#b7 ,effect of other obligations ,the obligation of a contractor to repay construction costs or other capitalized costs described in subsection 7a77#b77;,b71 7a77#c77;,b71 or 7b7 shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection 7a77#b77;,a7 have been paid4 7d7 ,effect on existing law not altered ,implementation of the provisions of this subtitle shall not alter-- 7#a7 the repayment obligation of any water service or repayment contractor receiving water from the same water project1 or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections 7a77#a71 7a77#b71 and 7a77#c7 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of the enactment of this ,act1 or to other contractors2 and 7#b7 specific requirements for the disposition of amounts received as repayments by the ,secretary under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq474 7e7 ,surface water storage enhancement program 7#a7 ,in general ,except as provided in subsection 7d77#b71 three years following the date of enactment of this ,act1 #ej percent of receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the #aj-year period following the date of enactment of this ,act shall be directed to the ,reclamation ,surface ,water ,storage ,account under paragraph 7#b74 7#b7 ,surface storage account ,the ,secretary shall allocate amounts collected under paragraph 7#a7 into the ,reclamation ,surface ,storage ,account to fund the construction of surface water storage4 ,the ,secretary may also enter into cooperative agreements with water users' associations for the construction of surface water storage and amounts within the ,surface ,storage ,account may be used to fund such construction4 ,surface water storage projects that are otherwise not federally authorized shall not be considered ,federal facilities as a result of any amounts allocated from the ,surface ,storage ,account for part or all of such facilities4 7#c7 ,repayment ,amounts used for surface water storage construction from the ,account shall be fully reimbursed to the ,account consistent with the requirements under ,federal reclamation law 7the law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic7771 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 except that all funds reimbursed shall be deposited in the ,account established under paragraph 7#b74 7#d7 ,availability of amounts ,amounts deposited in the ,account under this subsection shall-- 7,a7 be made available in accordance with this section1 subject to appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7#e7 ,purposes of surface water storage ,construction of surface water storage under this section shall be made for the following purposes3 7,a7 ,increased municipal and industrial water supply4 7,b7 ,agricultural floodwater1 erosion1 and sedimentation reduction4 7,c7 ,agricultural drainage improvements4 7,d7 ,agricultural irrigation4 7,e7 ,increased recreation opportunities4 7,f7 ,reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section4 7,g7 ,any other purposes consistent with reclamation laws or other ,federal law4 7f7 ,definitions ,for the purposes of this subtitle1 the following definitions apply3 7#a7 ,account ,the term ,account means the ,reclamation ,surface ,water ,storage ,account established under subsection 7e77#b74 7#b7 ,construction ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities1 exclusive of any ,federal statutory or regulatory obligations relating to any permit1 review1 approval1 or other such requirement4 7#c7 ,surface water storage ,the term surface water storage means any federally owned facility under the jurisdiction of the ,bureau of ,reclamation or any non-,federal facility used for the surface storage and supply of water resources4 7#d7 ,treasury rate ,the term ,treasury rate means the #bj-year ,constant ,maturity ,treasury 7,,cmt7 rate published by the ,united ,states ,department of the ,treasury existing on the effective date of the contract4 7#e7 ,water users' association ,the term water users' association means-- 7,a7 an entity organized and recognized under ,state laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges2 and 7,b7 includes a variety of entities with different names and differing functions1 such as associations1 conservatory district1 irrigation district1 municipality1 and water project contract unit4 ,j ,safety of ,dams #aaba4 ,authorization of additional project benefits ,the ,reclamation ,safety of ,dams ,act of #aigh is amended-- 7#a7 in section #c1 by striking ,construction and inserting ,except as provided in section #e;,b1 construction2 and 7#b7 by inserting after section #e;,a 7#dc ,u4,s4,c4 #eji7 the following3 #e;,b4 ,authorization of additional project benefits ,notwithstanding section #c1 if the ,secretary determines that additional project benefits1 including but not limited to additional conservation storage capacity1 are feasible and not inconsistent with the purposes of this ,act1 the ,secretary is authorized to develop additional project benefits through the construction of new or supplementary works on a project in conjunction with the ,secretary's activities under section #b of this ,act and subject to the conditions described in the feasibility study1 provided-- 7#a7 the ,secretary determines that developing additional project benefits through the construction of new or supplementary works on a project will promote more efficient management of water and water-related facilities2 7#b7 the feasibility study pertaining to additional project benefits has been authorized pursuant to section #h of the ,federal ,water ,project ,recreation ,act of #aife 7#af ,u4,s4,c4 #dfja-ah72 and 7#c7 the costs associated with developing the additional project benefits are agreed to in writing between the ,secretary and project proponents and shall be allocated to the authorized purposes of the structure and repaid consistent with all provisions of ,federal ,reclamation law 7the ,act of ,june #ag1 #aijb1 #dc ,u4,s4,c4 #cga et seq47 and ,acts supplemental to and amendatory of that ,act4 4 ,k ,water ,rights ,protection #aaca4 ,short title ,this subtitle may be cited as the ,water ,rights ,protection ,act4 #aacb4 ,definition of water right ,in this subtitle1 the term water right means any surface or groundwater right filed1 permitted1 certified1 confirmed1 decreed1 adjudicated1 or otherwise recognized by a judicial proceeding or by the ,state in which the user acquires possession of the water or puts the water to beneficial use1 including water rights for federally recognized ,indian tribes4 #aacc4 ,treatment of water rights ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall not-- 7#a7 condition or withhold1 in whole or in part1 the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on-- 7,a7 limitation or encumbrance of any water right1 or the transfer of any water right 7including joint and sole ownership71 directly or indirectly to the ,united ,states or any other designee2 or 7,b7 any other impairment of any water right1 in whole or in part1 granted or otherwise recognized under ,state law1 by ,federal or ,state adjudication1 decree1 or other judgment1 or pursuant to any interstate water compact2 7#b7 require any water user 7including any federally recognized ,indian tribe7 to apply for or acquire a water right in the name of the ,united ,states under ,state law as a condition of the issuance1 renewal1 amendment1 or extension of any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement2 7#c7 assert jurisdiction over groundwater withdrawals or impacts on groundwater resources1 unless jurisdiction is asserted1 and any regulatory or policy actions taken pursuant to such assertion are1 consistent with1 and impose no greater restrictions or regulatory requirements than1 applicable ,state laws 7including regulations7 and policies governing the protection and use of groundwater resources2 or 7#d7 infringe on the rights and obligations of a ,state in evaluating1 allocating1 and adjudicating the waters of the ,state originating on or under1 or flowing from1 land owned or managed by the ,federal ,government4 #aacd4 ,recognition of ,state authority 7a7 ,in general ,in carrying out section #aacc1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7#a7 recognize the longstanding authority of the ,states relating to evaluating1 protecting1 allocating1 regulating1 and adjudicating groundwater by any means1 including a rulemaking1 permitting1 directive1 water court adjudication1 resource management planning1 regional authority1 or other policy2 and 7#b7 coordinate with the ,states in the adoption and implementation by the ,secretary of the ,interior or the ,secretary of ,agriculture of any rulemaking1 policy1 directive1 management plan1 or other similar ,federal action so as to ensure that such actions are consistent with1 and impose no greater restrictions or regulatory requirements than1 ,state groundwater laws and programs4 7b7 ,effect on state water rights ,in carrying out this subtitle1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall not take any action that adversely affects-- 7#a7 any water rights granted by a ,state2 7#b7 the authority of a ,state in adjudicating water rights2 7#c7 definitions established by a ,state with respect to the term beneficial use1 priority of water rights1 or terms of use2 7#d7 terms and conditions of groundwater withdrawal1 guidance and reporting procedures1 and conservation and source protection measures established by a ,state2 7#e7 the use of groundwater in accordance with ,state law2 or 7#f7 any other rights and obligations of a ,state established under ,state law4 #aace4 ,effect of title 7a7 ,effect on existing authority ,nothing in this subtitle limits or expands any existing legally recognized authority of the ,secretary of the ,interior or the ,secretary of ,agriculture to issue1 grant1 or condition any permit1 approval1 license1 lease1 allotment1 easement1 right-of-way1 or other land use or occupancy agreement on ,federal land subject to the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture1 respectively4 7b7 ,effect on reclamation contracts ,nothing in this subtitle interferes with ,bureau of ,reclamation contracts entered into pursuant to the reclamation laws4 7c7 ,effect on endangered species act ,nothing in this subtitle affects the implementation of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7d7 ,effect on federal reserved water rights ,nothing in this subtitle limits or expands any existing or claimed reserved water rights of the ,federal ,government on land administered by the ,secretary of the ,interior or the ,secretary of ,agriculture4 7e7 ,effect on federal power act ,nothing in this subtitle limits or expands authorities under sections #d7;e71 #aj7;j71 or #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e71 #hjc7;j71 #haa74 7f7 ,effect on ,indian water rights ,nothing in this subtitle limits or expands any water right or treaty right of any federally recognized ,indian tribe4 ,,ii ,sportsmen's ,heritage and ,recreational ,enhancement ,act #bjja4 ,short title ,this title may be cited as the ,sportsmen's ,heritage and ,recreational ,enhancement ,act or the ,,share ,act4 #bjjb4 ,report on economic impact ,not later than #ab months after the date of the enactment of this ,act1 the ,secretary of ,interior shall submit a report to ,congress that assesses expected economic impacts of the ,act4 ,such report shall include-- 7#a7 a review of any expected increases in recreational hunting1 fishing1 shooting1 and conservation activities2 7#b7 an estimate of any jobs created in each industry expected to support such activities described in paragraph 7#a71 including in the supply1 manufacturing1 distribution1 and retail sectors2 7#c7 an estimate of wages related to jobs described in paragraph 7#b72 and 7#d7 an estimate of anticipated new local1 ,state1 and ,federal revenue related to jobs described in paragraph 7#b74 ,a ,hunting1 ,fishing and ,recreational ,shooting ,protection ,act #bjaa4 ,short title ,this subtitle may be cited as the ,hunting1 ,fishing1 and ,recreational ,shooting ,protection ,act4 #bjab4 ,modification of definition ,section #c7b77;,b7 of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfjb7b77;,b77 is amended-- 7#a7 in clause 7v71 by striking 1 and and inserting 1 or any component of any such article including1 without limitation1 shot1 bullets and other projectiles1 propellants1 and primers12 7#b7 in clause 7vi7 by striking the period at the end and inserting 1 and2 and 7#c7 by inserting after clause 7vi7 the following3 7vii7 any sport fishing equipment 7as such term is defined in subsection 7a7 of section #dafb of the ,internal ,revenue ,code of #aihf7 the sale of which is subject to the tax imposed by section #dafa7;a7 of such ,code 7determined without regard to any exemptions from such tax as provided by section #dafb or #dbba or any other provision of such ,code71 and sport fishing equipment components4 4 #bjac4 ,limitation on authority to regulate ammunition and fishing tackle 7a7 ,limitation ,except as provided in section #bj4ba of title #ej1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act1 or any substantially similar successor regulation thereto1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 and1 except as provided by subsection 7b71 any bureau1 service1 or office of the ,department of the ,interior or the ,department of ,agriculture1 may not regulate the use of ammunition cartridges1 ammunition components1 or fishing tackle based on the lead content thereof if such use is in compliance with the law of the ,state in which the use occurs4 7b7 ,exception ,the limitation in subsection 7a7 shall not apply to the ,united ,states ,fish and ,wildlife ,service or the ,national ,park ,service4 ,b ,target ,practice and ,marksmanship ,training ,support ,act #bjba4 ,short title ,this subtitle may be cited as the ,target ,practice and ,marksmanship ,training ,support ,act4 #bjbb4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 the use of firearms and archery equipment for target practice and marksmanship training activities on ,federal land is allowed1 except to the extent specific portions of that land have been closed to those activities2 7#b7 in recent years preceding the date of enactment of this ,act1 portions of ,federal land have been closed to target practice and marksmanship training for many reasons2 7#c7 the availability of public target ranges on non-,federal land has been declining for a variety of reasons1 including continued population growth and development near former ranges2 7#d7 providing opportunities for target practice and marksmanship training at public target ranges on ,federal and non-,federal land can help-- 7,a7 to promote enjoyment of shooting1 recreational1 and hunting activities2 and 7,b7 to ensure safe and convenient locations for those activities2 7#e7 ,federal law in effect on the date of enactment of this ,act1 including the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq471 provides ,federal support for construction and expansion of public target ranges by making available to ,states amounts that may be used for construction1 operation1 and maintenance of public target ranges2 and 7#f7 it is in the public interest to provide increased ,federal support to facilitate the construction or expansion of public target ranges4 7b7 ,purpose ,the purpose of this subtitle is to facilitate the construction and expansion of public target ranges1 including ranges on ,federal land managed by the ,forest ,service and the ,bureau of ,land ,management4 #bjbc4 ,definition of public target range ,in this subtitle1 the term public target range means a specific location that-- 7#a7 is identified by a governmental agency for recreational shooting2 7#b7 is open to the public2 7#c7 may be supervised2 and 7#d7 may accommodate archery or rifle1 pistol1 or shotgun shooting4 #bjbd4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act 7a7 ,definitions ,section #b of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;a7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#c7 through 7#i71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 the term public target range means a specific location that-- 7,a7 is identified by a governmental agency for recreational shooting2 7,b7 is open to the public2 7,c7 may be supervised2 and 7,d7 may accommodate archery or rifle1 pistol1 or shotgun shooting2 4 7b7 ,expenditures for management of wildlife areas and resources ,section #h7;b7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;g7b77 is amended-- 7#a7 by striking 7b7 ,each ,state and inserting the following3 7b7 ,expenditures for management of wildlife areas and resources 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state 2 7#b7 in paragraph 7#a7 7as so designated71 by striking construction1 operation1 and inserting operation2 7#c7 in the second sentence1 by striking ,the non-,federal share and inserting the following3 7#c7 ,non-,federal share ,the non-,federal share 2 7#d7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7#d7 ,regulations ,the ,secretary 2 and 7#e7 by inserting after paragraph 7#a7 7as designated by paragraph 7#a7 of this subsection7 the following3 7#b7 ,exception ,notwithstanding the limitation described in paragraph 7#a71 a ,state may pay up to #ij percent of the cost of acquiring land for1 expanding1 or constructing a public target range4 4 7c7 ,firearm and bow hunter education and safety program grants ,section #aj of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;h-#a7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,allocation of additional amounts ,of the amount apportioned to a ,state for any fiscal year under section #d7;b71 the ,state may elect to allocate not more than #aj percent1 to be combined with the amount apportioned to the ,state under paragraph 7#a7 for that fiscal year1 for acquiring land for1 expanding1 or constructing a public target range4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,cost sharing 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of any activity carried out using a grant under this section shall not exceed #ge percent of the total cost of the activity4 7#b7 ,public target range construction or expansion ,the ,federal share of the cost of acquiring land for1 expanding1 or constructing a public target range in a ,state on ,federal or non-,federal land pursuant to this section or section #h7;b7 shall not exceed #ij percent of the cost of the activity4 2 and 7#c7 in subsection 7c77#a7-- 7,a7 by striking ,amounts made and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts made 2 and 7,b7 by adding at the end the following3 7,b7 ,exception ,amounts provided for acquiring land for1 constructing1 or expanding a public target range shall remain available for expenditure and obligation during the #e-;fiscal-year period beginning on ,october #a of the first fiscal year for which the amounts are made available4 4 #bjbe4 ,limits on liability 7a7 ,discretionary function ,for purposes of chapter #aga of title #bh1 ,united ,states ,code 7commonly referred to as the ,federal ,tort ,claims ,act71 any action by an agent or employee of the ,united ,states to manage or allow the use of ,federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function4 7b7 ,civil action or claims ,except to the extent provided in chapter #aga of title #bh1 ,united ,states ,code1 the ,united ,states shall not be subject to any civil action or claim for money damages for any injury to or loss of property1 personal injury1 or death caused by an activity occurring at a public target range that is-- 7#a7 funded in whole or in part by the ,federal ,government pursuant to the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi et seq472 or 7#b7 located on ,federal land4 #bjbf4 ,sense of ,congress regarding cooperation ,it is the sense of ,congress that1 consistent with applicable laws and regulations1 the ,chief of the ,forest ,service and the ,director of the ,bureau of ,land ,management should cooperate with ,state and local authorities and other entities to carry out waste removal and other activities on any ,federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training4 ,c ,polar ,bear ,conservation and ,fairness ,act #bjca4 ,short title ,this subtitle may be cited as the ,polar ,bear ,conservation and ,fairness ,act4 #bjcb4 ,permits for importation of polar bear trophies taken in sport hunts in ,canada ,section #ajd7;c77#e77;,d7 of the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acgd7;c77#e77;,d77 is amended to read as follows3 7,d7 7i7 ,the ,secretary of the ,interior shall1 expeditiously after the expiration of the applicable #cj-;day period under subsection 7d77#b71 issue a permit for the importation of any polar bear part 7other than an internal organ7 from a polar bear taken in a sport hunt in ,canada to any person-- 7,i7 who submits1 with the permit application1 proof that the polar bear was legally harvested by the person before ,february #ah1 #aiig2 or 7,,ii7 who has submitted1 in support of a permit application submitted before ,may #ae1 #bjjh1 proof that the polar bear was legally harvested by the person before ,may #ae1 #bjjh1 from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section #ah4cj7;i7 of title #ej1 ,code of ,federal ,regulations4 7ii7 ,the ,secretary shall issue permits under clause 7i77,i7 without regard to subparagraphs 7,a7 and 7,c77ii7 of this paragraph1 subsection 7d77#c71 and sections #aja and #ajb4 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,i74 ,this clause shall not apply to polar bear parts that were imported before ,june #ab1 #aiig4 7iii7 ,the ,secretary shall issue permits under clause 7i77,,ii7 without regard to subparagraph 7,c77ii7 of this paragraph or subsection 7d77#c74 ,sections #aja7;a77#c77;,b7 and #ajb7;b77#c7 shall not apply to the importation of any polar bear part authorized by a permit issued under clause 7i77,,ii74 ,this clause shall not apply to polar bear parts that were imported before the date of enactment of the ,polar ,bear ,conservation and ,fairness ,act4 4 ,d ,recreational ,lands ,self-,defense ,act #bjda4 ,short title ,this subtitle may be cited as the ,recreational ,lands ,self-,defense ,act4 #bjdb4 ,protecting ,americans from violent crime 7a7 ,findings ,congress finds the following3 7#a7 ,the ,second ,amendment to the ,constitution provides that the right of the people to keep and bear ,arms1 shall not be infringed4 7#b7 ,section #cbg4ac of title #cf1 ,code of ,federal ,regulations1 provides that1 except in special circumstances1 possession of loaded firearms1 ammunition1 loaded projectile firing devices1 bows and arrows1 crossbows1 or other weapons is prohibited at water resources development projects administered by the ,secretary of the ,army4 7#c7 ,the regulations described in paragraph 7#b7 prevent individuals complying with ,federal and ,state laws from exercising the second amendment rights of the individuals while at such water resources development projects4 7#d7 ,the ,federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed4 7b7 ,protecting the right of individuals ,to bear arms at water resources development projects ,the ,secretary of the ,army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 at a water resources development project covered under section #cbg4j of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if-- 7#a7 the individual is not otherwise prohibited by law from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the water resources development project is located4 ,e ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee #bjea4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq47 is amended by adding at the end the following3 #aj4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7a7 ,establishment ,there is hereby established the ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7in this section referred to as the ,advisory ,committee7 to advise the ,secretaries of the ,interior and ,agriculture on wildlife and habitat conservation1 hunting1 and recreational shooting4 7b7 ,continuance and abolishment of existing wildlife and hunting heritage conservation council ,the ,wildlife and ,hunting ,heritage ,conservation ,council established pursuant to section #dda of the ,revised ,statutes 7#dc ,u4,s4,c4 #adeg71 section #b of the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a71 and other ,acts applicable to specific bureaus of the ,department of the ,interior-- 7#a7 shall continue until the date of the first meeting of the ,wildlife and ,hunting ,heritage ,conservation ,council established by the amendment made by subsection 7a72 and 7#b7 is hereby abolished effective on that date4 7c7 ,duties of the advisory committee ,the ,advisory ,committee shall advise the ,secretaries with regard to-- 7#a7 implementation of ,executive ,order ,no4 #acddc3 ,facilitation of ,hunting ,heritage and ,wildlife ,conservation1 which directs ,federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat2 7#b7 policies or programs to conserve and restore wetlands1 agricultural lands1 grasslands1 forest1 and rangeland habitats2 7#c7 policies or programs to promote opportunities and access to hunting and shooting sports on ,federal lands2 7#d7 policies or programs to recruit and retain new hunters and shooters2 7#e7 policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting2 and 7#f7 policies or programs that encourage coordination among the public1 the hunting and shooting sports community1 wildlife conservation groups1 and ,states1 tribes1 and the ,federal ,government4 7d7 ,membership 7#a7 ,appointment 7,a7 ,in general ,the ,advisory ,committee shall consist of no more than #af discretionary members and #h ex officio members4 7,b7 ,ex officio members ,the ex officio members are-- 7i7 the ,director of the ,united ,states ,fish and ,wildlife ,service or a designated representative of the ,director2 7ii7 the ,director of the ,bureau of ,land ,management or a designated representative of the ,director2 7iii7 the ,director of the ,national ,park ,service or a designated representative of the ,director2 7iv7 the ,chief of the ,forest ,service or a designated representative of the ,chief2 7v7 the ,chief of the ,natural ,resources ,conservation ,service or a designated representative of the ,chief2 7vi7 the ,administrator of the ,farm ,service ,agency or a designated representative of the ,administrator2 7vii7 the ,executive ,director of the ,association of ,fish and ,wildlife ,agencies2 and 7viii7 the ,administrator of the ,small ,business ,administration or designated representative4 7,c7 ,discretionary members ,the discretionary members shall be appointed jointly by the ,secretaries from at least one of each of the following3 7i7 ,state fish and wildlife agencies4 7ii7 ,game bird hunting organizations4 7iii7 ,wildlife conservation organizations4 7iv7 ,big game hunting organizations4 7v7 ,waterfowl hunting organizations4 7vi7 ,the tourism1 outfitter1 or guiding industry4 7vii7 ,the firearms or ammunition manufacturing industry4 7viii7 ,the hunting or shooting equipment retail industry4 7ix7 ,tribal resource management organizations4 7x7 ,the agriculture industry4 7xi7 ,the ranching industry4 7xii7 ,women's hunting and fishing advocacy1 outreach1 or education organization4 7xiii7 ,minority hunting and fishing advocacy1 outreach1 or education organization4 7xiv7 ,veterans service organization4 7,d7 ,eligibility ,prior to the appointment of the discretionary members1 the ,secretaries shall determine that all individuals nominated for appointment to the ,advisory ,committee1 and the organization each individual represents1 actively support and promote sustainable-use hunting1 wildlife conservation1 and recreational shooting4 7#b7 ,terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,advisory ,committee shall be appointed for a term of #d years4 ,members shall not be appointed for more than #c consecutive or nonconsecutive terms4 7,b7 ,terms of initial appointees ,as designated by the ,secretary at the time of appointment1 of the members first appointed-- 7i7 #f members shall be appointed for a term of #d years2 7ii7 #e members shall be appointed for a term of #c years2 and 7iii7 #e members shall be appointed for a term of #b years4 7#c7 ,preservation of public advisory status ,no individual may be appointed as a discretionary member of the ,advisory ,committee while serving as an officer or employee of the ,federal ,government4 7#d7 ,vacancy and removal 7,a7 ,in general ,any vacancy on the ,advisory ,committee shall be filled in the manner in which the original appointment was made4 7,b7 ,removal ,advisory ,committee members shall serve at the discretion of the ,secretaries and may be removed at any time for good cause4 7#e7 ,continuation of service ,each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed4 7#f7 ,chairperson ,the ,chairperson of the ,advisory ,committee shall be appointed for a #c-year term by the ,secretaries1 jointly1 from among the members of the ,advisory ,committee4 ,an individual may not be appointed as ,chairperson for more than #b consecutive or nonconsecutive terms4 7#g7 ,pay and expenses ,members of the ,advisory ,committee shall serve without pay for such service1 but each member of the ,advisory ,committee may be reimbursed for travel and lodging incurred through attending meetings of the ,advisory ,committee approved subgroup meetings in the same amounts and under the same conditions as ,federal employees 7in accordance with section #egjc of title #e1 ,united ,states ,code74 7#h7 ,meetings 7,a7 ,in general ,the ,advisory ,committee shall meet at the call of the ,secretaries1 the chairperson1 or a majority of the members1 but not less frequently than twice annually4 7,b7 ,open meetings ,each meeting of the ,advisory ,committee shall be open to the public4 7,c7 ,prior notice of meetings ,timely notice of each meeting of the ,advisory ,committee shall be published in the ,federal ,register and be submitted to trade publications and publications of general circulation4 7,d7 ,subgroups ,the ,advisory ,committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research4 ,however1 such workgroups may not conduct business without the direction of the ,advisory ,committee and must report in full to the ,advisory ,committee4 7#i7 ,quorum ,nine members of the ,advisory ,committee shall constitute a quorum4 7e7 ,expenses ,the expenses of the ,advisory ,committee that the ,secretaries determine to be reasonable and appropriate shall be paid by the ,secretaries4 7f7 ,administrative support1 technical services1 and advice ,a designated ,federal ,officer shall be jointly appointed by the ,secretaries to provide to the ,advisory ,committee the administrative support1 technical services1 and advice that the ,secretaries determine to be reasonable and appropriate4 7g7 ,annual report 7#a7 ,required ,not later than ,september #cj of each year1 the ,advisory ,committee shall submit a report to the ,secretaries1 the ,committee on ,natural ,resources and the ,committee on ,agriculture of the ,house of ,representatives1 and the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 ,if circumstances arise in which the ,advisory ,committee cannot meet the ,september #cj deadline in any year1 the ,secretaries shall advise the ,chairpersons of each such ,committee of the reasons for such delay and the date on which the submission of the report is anticipated4 7#b7 ,contents ,the report required by paragraph 7#a7 shall describe-- 7,a7 the activities of the ,advisory ,committee during the preceding year2 7,b7 the reports and recommendations made by the ,advisory ,committee to the ,secretaries during the preceding year2 and 7,c7 an accounting of actions taken by the ,secretaries as a result of the recommendations4 7h7 ,federal advisory committee act ,the ,advisory ,committee shall be exempt from the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 4 ,f ,recreational ,fishing and ,hunting ,heritage ,opportunities ,act #bjfa4 ,short title ,this subtitle may be cited as the ,recreational ,fishing and ,hunting ,heritage and ,opportunities ,act4 #bjfb4 ,findings ,congress finds that-- 7#a7 recreational fishing and hunting are important and traditional activities in which millions of ,americans participate2 7#b7 recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the ,united ,states2 7#c7 recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on ,federal lands and waters without adverse effects on other uses or users2 7#d7 recreational anglers1 hunters1 and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the ,federal ,government as well as ,state and local governments by investing volunteer time and effort to fish and wildlife conservation2 7#e7 recreational anglers1 hunters1 and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation1 research1 and management by providing revenues from purchases of fishing and hunting licenses1 permits1 and stamps1 as well as excise taxes on fishing1 hunting1 and recreational shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation1 research1 and management2 7#f7 recreational shooting is also an important and traditional activity in which millions of ,americans participate2 7#g7 safe recreational shooting is a valid use of ,federal lands1 including the establishment of safe and convenient recreational shooting ranges on such lands1 and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation2 7#h7 opportunities to recreationally fish1 hunt1 and shoot are declining1 which depresses participation in these traditional activities1 and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts2 and 7#i7 the public interest would be served1 and our citizens' fish and wildlife resources benefitted1 by action to ensure that opportunities are facilitated to engage in fishing and hunting on ,federal land as recognized by ,executive ,order ,no4 #abifb1 relating to recreational fisheries1 and ,executive ,order ,no4 #acddc1 relating to facilitation of hunting heritage and wildlife conservation4 #bjfc4 ,fishing1 hunting1 and recreational shooting 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means any land or water that is owned by the ,united ,states and under the administrative jurisdiction of the ,bureau of ,land ,management or the ,forest ,service4 7#b7 ,federal land management officials ,the term ,federal land management officials means-- 7,a7 the ,secretary of the ,interior and ,director of the ,bureau of ,land ,management regarding ,bureau of ,land ,management lands and interests in lands under the administrative jurisdiction of the ,bureau of ,land ,management2 and 7,b7 the ,secretary of ,agriculture and ,chief of the ,forest ,service regarding ,national ,forest ,system lands4 7#c7 ,hunting 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term hunting means use of a firearm1 bow1 or other authorized means in the lawful-- 7i7 pursuit1 shooting1 capture1 collection1 trapping1 or killing of wildlife2 7ii7 attempt to pursue1 shoot1 capture1 collect1 trap1 or kill wildlife2 or 7iii7 the training of hunting dogs1 including field trials4 7,b7 ,exclusion ,the term hunting does not include the use of skilled volunteers to cull excess animals 7as defined by other ,federal law74 7#d7 ,recreational fishing ,the term recreational fishing means the lawful-- 7,a7 pursuit1 capture1 collection1 or killing of fish2 or 7,b7 attempt to capture1 collect1 or kill fish4 7#e7 ,recreational shooting ,the term recreational shooting means any form of sport1 training1 competition1 or pastime1 whether formal or informal1 that involves the discharge of a rifle1 handgun1 or shotgun1 or the use of a bow and arrow4 7b7 ,in general ,subject to valid existing rights and subsection 7e71 and cooperation with the respective ,state fish and wildlife agency1 ,federal land management officials shall exercise authority under existing law1 including provisions regarding land use planning1 to facilitate use of and access to ,federal lands1 including ,national ,monuments1 ,wilderness ,areas1 ,wilderness ,study ,areas1 and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas1 for fishing1 hunting1 and recreational shooting1 except as limited by-- 7#a7 statutory authority that authorizes action or withholding action for reasons of national security1 public safety1 or resource conservation2 7#b7 any other ,federal statute that specifically precludes fishing1 hunting1 or recreational shooting on specific ,federal lands1 waters1 or units thereof2 and 7#c7 discretionary limitations on fishing1 hunting1 and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process4 7c7 ,management ,consistent with subsection 7a71 ,federal land management officials shall exercise their land management discretion-- 7#a7 in a manner that supports and facilitates fishing1 hunting1 and recreational shooting opportunities2 7#b7 to the extent authorized under applicable ,state law2 and 7#c7 in accordance with applicable ,federal law4 7d7 ,planning 7#a7 ,evaluation of effects on opportunities to engage in fishing1 hunting1 or recreational shooting ,planning documents that apply to ,federal lands1 including land resources management plans1 resource management plans1 travel management plans1 and general management plans shall include a specific evaluation of the effects of such plans on opportunities to engage in fishing1 hunting1 or recreational shooting4 7#b7 ,strategic ,growth ,policy for the ,national ,wildlife ,refuge ,system ,section #d7;a77#c7 of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd7a77#c77 is amended-- 7,a7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,b71 the following3 7,c7 the ,secretary shall integrate wildlife-dependent recreational uses in accordance with their status as priority general public uses into proposed or existing regulations1 policies1 criteria1 plans1 or other activities to alter or amend the manner in which individual refuges or the ,national ,wildlife ,refuge ,system 7,system7 are managed1 including1 but not limited to1 any activities which target or prioritize criteria for long and short term ,system acquisitions2 4 7#c7 ,no major federal action ,no action taken under this subtitle1 or under section #d of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd71 either individually or cumulatively with other actions involving ,federal lands or lands managed by the ,united ,states ,fish and ,wildlife ,service1 shall be considered to be a major ,federal action significantly affecting the quality of the human environment1 and no additional identification1 analysis1 or consideration of environmental effects1 including cumulative effects1 is necessary or required4 7#d7 ,other activity not considered ,federal land management officials are not required to consider the existence or availability of fishing1 hunting1 or recreational shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which ,federal lands are open for these activities or in the setting of levels of use for these activities on ,federal lands1 unless the combination or coordination of such opportunities would enhance the fishing1 hunting1 or recreational shooting opportunities available to the public4 7e7 ,federal lands 7#a7 ,lands open ,lands under the jurisdiction of the ,bureau of ,land ,management and the ,forest ,service1 including ,wilderness ,areas1 ,wilderness ,study ,areas1 lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and ,national ,monuments1 but excluding lands on the ,outer ,continental ,shelf1 shall be open to fishing1 hunting1 and recreational shooting unless the managing ,federal agency acts to close lands to such activity4 ,lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence1 for purposes including resource conservation1 public safety1 energy or mineral production1 energy generation or transmission infrastructure1 water supply facilities1 protection of other permittees1 protection of private property rights or interest1 national security1 or compliance with other law4 7#b7 ,recreational shooting ranges 7,a7 ,in general ,the head of each ,federal agency shall use his or her authorities in a manner consistent with this ,act and other applicable law1 to-- 7i7 lease or permit use of lands under the jurisdiction of the agency for recreational shooting ranges2 and 7ii7 designate specific lands under the jurisdiction of the agency for recreational shooting activities4 7,b7 ,limitation on liability ,any designation under subparagraph 7,a77ii7 shall not subject the ,united ,states to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands4 7f7 ,necessity in wilderness areas and within and supplemental to wilderness purposes 7#a7 ,minimum requirements for administration ,the provision of opportunities for fishing1 hunting1 and recreational shooting1 and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated ,federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area1 provided that this determination shall not authorize or facilitate commodity development1 use1 or extraction1 motorized recreational access or use that is not otherwise allowed under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 or permanent road construction or maintenance within designated wilderness areas4 7#b7 ,application of ,wilderness ,act ,provisions of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 stipulating that wilderness purposes are within and supplemental to the purposes of the underlying ,federal land unit are reaffirmed4 ,when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas1 each ,federal land management official shall implement these supplemental purposes so as to facilitate1 enhance1 or both1 but not to impede the underlying ,federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas1 provided that such implementation shall not authorize or facilitate commodity development1 use or extraction1 or permanent road construction or maintenance within designated wilderness areas4 7g7 ,no priority ,nothing in this section requires a ,federal land management official to give preference to fishing1 hunting1 or recreational shooting over other uses of ,federal land or over land or water management priorities established by ,federal law4 7h7 ,consultation with councils ,in fulfilling the duties under this section1 ,federal land management officials shall consult with respective advisory councils as established in ,executive ,order ,nos4 #abifb and #acddc4 7i7 ,authority of the ,states ,nothing in this section shall be construed as interfering with1 diminishing1 or conflicting with the authority1 jurisdiction1 or responsibility of any ,state to exercise primary management1 control1 or regulation of fish and wildlife under ,state law 7including regulations7 on land or water within the ,state1 including on ,federal land4 7j7 ,federal licenses ,nothing in this section shall be construed to authorize a ,federal land management official to require a license1 fee1 or permit to fish1 hunt1 or trap on land or water in a ,state1 including on ,federal land in the ,states1 except that this subsection shall not affect the ,migratory ,bird ,stamp requirement set forth in the ,migratory ,bird ,hunting and ,conservation ,stamp ,act 7#af ,u4,s4,c4 #gah et seq474 #bjfd4 ,volunteer ,hunters2 ,reports2 ,closures and ,restrictions 7a7 ,definitions ,for the purposes of this section3 7#a7 ,public land ,the term public land means-- 7,a7 units of the ,national ,park ,system2 7,b7 ,national ,forest ,system lands2 and 7,c7 land and interests in land owned by the ,united ,states and under the administrative jurisdiction of-- 7i7 the ,fish and ,wildlife ,service2 or 7ii7 the ,bureau of ,land ,management4 7#b7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of the ,interior and includes the ,director of the ,national ,park ,service1 with regard to units of the ,national ,park ,system2 7,b7 the ,secretary of the ,interior and includes the ,director of the ,fish and ,wildlife ,service1 with regard to ,fish and ,wildlife ,service lands and waters2 7,c7 the ,secretary of the ,interior and includes the ,director of the ,bureau of ,land ,management1 with regard to ,bureau of ,land ,management lands and waters2 and 7,d7 the ,secretary of ,agriculture and includes the ,chief of the ,forest ,service1 with regard to ,national ,forest ,system lands4 7#c7 ,volunteer from the hunting community ,the term volunteer from the hunting community means a volunteer who holds a valid hunting license issued by a ,state4 7b7 ,volunteer ,hunters ,when planning wildlife management involving reducing the size of a wildlife population on public land1 the ,secretary shall consider the use of and may use volunteers from the hunting community as agents to assist in carrying out wildlife management on public land4 ,the ,secretary shall not reject the use of volunteers from the hunting community as agents without the concurrence of the appropriate ,state wildlife management authorities4 7c7 ,report ,beginning on the second ,october #a after the date of the enactment of this ,act and biennially on ,october #a thereafter1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes-- 7#a7 any public land administered by the ,secretary that was closed to fishing1 hunting1 and recreational shooting at any time during the preceding year2 and 7#b7 the reason for the closure4 7d7 ,closures or significant restrictions 7#a7 ,in general ,other than closures established or prescribed by land planning actions referred to in section #bjfd7;e7 or emergency closures described in paragraph 7#b71 a permanent or temporary withdrawal1 change of classification1 or change of management status of public land that effectively closes or significantly restricts any acreage of public land to access or use for fishing1 hunting1 recreational shooting1 or activities related to fishing1 hunting1 or recreational shooting1 or a combination of those activities1 shall take effect only if1 before the date of withdrawal or change1 the ,secretary-- 7,a7 publishes appropriate notice of the withdrawal or change1 respectively2 7,b7 demonstrates that coordination has occurred with a ,state fish and wildlife agency2 and 7,c7 submits to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate written notice of the withdrawal or change1 respectively4 7#b7 ,emergency closures ,nothing in this ,act prohibits the ,secretary from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety1 resource conservation1 national security1 or other purposes authorized by law4 ,such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this ,act4 ,g ,farmer and ,hunter ,protection ,act #bjga4 ,short title ,this subtitle may be cited as the ,hunter and ,farmer ,protection ,act4 #bjgb4 ,baiting of migratory game birds ,section #c of the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjd7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,prohibition of baiting 7#a7 ,definitions ,in this subsection3 7,a7 ,baited area 7i7 ,in general ,the term baited area means-- 7,i7 any area on which salt1 grain1 or other feed has been placed1 exposed1 deposited1 distributed1 or scattered1 if the salt1 grain1 or feed could lure or attract migratory game birds2 and 7,,ii7 in the case of waterfowl1 cranes 7family ,gruidae71 and coots 7family ,rallidae71 a standing1 unharvested crop that has been manipulated through activities such as mowing1 discing1 or rolling1 unless the activities are normal agricultural practices4 7ii7 ,exclusions ,an area shall not be considered to be a baited area if the area-- 7,i7 has been treated with a normal agricultural practice2 7,,ii7 has standing crops that have not been manipulated2 or 7,,iii7 has standing crops that have been or are flooded4 7,b7 ,baiting ,the term baiting means the direct or indirect placing1 exposing1 depositing1 distributing1 or scattering of salt1 grain1 or other feed that could lure or attract migratory game birds to1 on1 or over any areas on which a hunter is attempting to take migratory game birds4 7,c7 ,migratory game bird ,the term migratory game bird means migratory bird species-- 7i7 that are within the taxonomic families of ,anatidae1 ,columbidae1 ,gruidae1 ,rallidae1 and ,scolopacidae2 and 7ii7 for which open seasons are prescribed by the ,secretary of the ,interior4 7,d7 ,normal agricultural practice 7i7 ,in general ,the term normal agricultural practice means any practice in #a annual growing season that-- 7,i7 is carried out in order to produce a marketable crop1 including planting1 harvest1 postharvest1 or soil conservation practices2 and 7,,ii7 is recommended for the successful harvest of a given crop by the applicable ,state office of the ,cooperative ,extension ,system of the ,department of ,agriculture1 in consultation with1 and if requested1 the concurrence of1 the head of the applicable ,state department of fish and wildlife4 7ii7 ,inclusions 7,i7 ,in general ,subject to subclause 7,,ii71 the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the ,federal ,crop ,insurance ,corporation for agricultural producers to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq47 on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster 7including any hurricane1 storm1 tornado1 flood1 high water1 wind-driven water1 tidal wave1 tsunami1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 fire1 snowstorm1 or other catastrophe that is declared a major disaster by the ,president in accordance with section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj774 7,,ii7 ,limitations ,the term normal agricultural practice only includes a crop described in subclause 7,i7 that has been destroyed or manipulated through activities that include 7but are not limited to7 mowing1 discing1 or rolling if the ,federal ,crop ,insurance ,corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the ,federal ,crop ,insurance ,act 7#g ,u4,s4,c4 #aeja et seq474 7,e7 ,waterfowl ,the term waterfowl means native species of the family ,anatidae4 7#b7 ,prohibition ,it shall be unlawful for any person-- 7,a7 to take any migratory game bird by baiting or on or over any baited area1 if the person knows or reasonably should know that the area is a baited area2 or 7,b7 to place or direct the placement of bait on or adjacent to an area for the purpose of causing1 inducing1 or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area4 7#c7 ,regulations ,the ,secretary of the ,interior may promulgate regulations to implement this subsection4 7#d7 ,reports ,annually1 the ,secretary of ,agriculture shall submit to the ,secretary of the ,interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the ,united ,states in which the recommendations are provided to agricultural producers4 4 ,h ,transporting ,bows ,across ,national ,park ,service ,lands #bjha4 ,short title ,this subtitle may be cited as the ,hunter ,access ,corridors ,act4 #bjhb4 ,bowhunting opportunity and wildlife stewardship 7a7 ,in general ,subchapter ,,ii of chapter #ajae of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #ajaeac4 ,hunter access corridors 7a7 ,definitions ,in this section3 7#a7 ,not ready for immediate use ,the term not ready for immediate use means-- 7,a7 a bow or crossbow1 the arrows of which are secured or stowed in a quiver or other arrow transport case2 and 7,b7 with respect to a crossbow1 uncocked4 7#b7 ,valid hunting license ,the term valid hunting license means a ,state-issued hunting license that authorizes an individual to hunt on private or public land adjacent to the ,system unit in which the individual is located while in possession of a bow or crossbow that is not ready for immediate use4 7b7 ,transportation authorized 7#a7 ,in general ,the ,director shall not require a permit for1 or promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any ,system unit if-- 7,a7 in the case of an individual traversing the ,system unit on foot-- 7i7 the individual is not otherwise prohibited by law from possessing the bows and crossbows2 7ii7 the bows or crossbows are not ready for immediate use throughout the period during which the bows or crossbows are transported across the ,system unit2 7iii7 the possession of the bows and crossbows is in compliance with the law of the ,state in which the ,system unit is located2 and 7iv7 7,i7 the individual possesses a valid hunting license2 7,,ii7 the individual is traversing the ,system unit en route to a hunting access corridor established under subsection 7c77#a72 or 7,,iii7 the individual is traversing the ,system unit in compliance with any other applicable regulations or policies2 or 7,b7 the bows or crossbows are not ready for immediate use and remain inside a vehicle4 7#b7 ,enforcement ,nothing in this subsection limits the authority of the ,director to enforce laws 7including regulations7 prohibiting hunting or the taking of wildlife in any ,system unit4 7c7 ,establishment of hunter access corridors 7#a7 ,in general ,on a determination by the ,director under paragraph 7#b71 the ,director may establish and publish 7in accordance with section #a4e of title #cf1 ,code of ,federal ,regulations 7or a successor regulation771 on a publicly available map1 hunter access corridors across ,system units that are used to access public land that is-- 7,a7 contiguous to a ,system unit2 and 7,b7 open to hunting4 7#b7 ,determination by director ,the determination referred to in paragraph 7#a7 is a determination that the hunter access corridor would provide wildlife management or visitor experience benefits within the boundary of the ,system unit in which the hunter access corridor is located4 7#c7 ,hunting season ,the hunter access corridors shall be open for use during hunting seasons4 7#d7 ,exception ,the ,director may establish limited periods during which access through the hunter access corridors is closed for reasons of public safety1 administration1 or compliance with applicable law4 ,such closures shall be clearly marked with signs and dates of closures1 and shall not include gates1 chains1 walls1 or other barriers on the hunter access corridor4 7#e7 ,identification of corridors ,the ,director shall-- 7,a7 make information regarding hunter access corridors available on the individual website of the applicable ,system unit2 and 7,b7 provide information regarding any processes established by the ,director for transporting legally taken game through individual hunter access corridors4 7#f7 ,registration2 transportation of game ,the ,director may-- 7,a7 provide registration boxes to be located at the trailhead of each hunter access corridor for self-registration2 7,b7 provide a process for online self-registration2 and 7,c7 allow nonmotorized conveyances to transport legally taken game through a hunter access corridor established under this subsection1 including game carts and sleds4 7#g7 ,consultation with ,states ,the ,director shall consult with each applicable ,state wildlife agency to identify appropriate hunter access corridors4 7d7 ,effect ,nothing in this section-- 7#a7 diminishes1 enlarges1 or modifies any ,federal or ,state authority with respect to recreational hunting1 recreational shooting1 or any other recreational activities within the boundaries of a ,system unit2 or 7#b7 authorizes-- 7,a7 the establishment of new trails in ,system units2 or 7,b7 authorizes individuals to access areas in ,system units1 on foot or otherwise1 that are not open to such access4 7e7 ,no major ,federal action 7#a7 ,in general ,any action taken under this section shall not be considered a major ,federal action significantly affecting the quality of the human environment under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,no additional action required ,no additional identification1 analyses1 or consideration of environmental effects 7including cumulative environmental effects7 is necessary or required with respect to an action taken under this section4 4 7b7 ,clerical amendment ,the table of sections for title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajaeab the following3 #ajaeac4 ,hunter access corridors4 4 ,i ,federal ,land ,transaction ,facilitation ,act ,reauthorization 7,,fltfa7 #bjia4 ,short title ,this subtitle may be cited as the ,federal ,land ,transaction ,facilitation ,act ,reauthorization4 #bjib4 ,federal ,land ,transaction ,facilitation ,act ,the ,federal ,land ,transaction ,facilitation ,act is amended-- 7#a7 in section #bjc7a7 7#dc ,u4,s4,c4 #bcjb7a771 by striking cultural1 or and inserting cultural1 recreational access and use1 or other2 7#b7 in section #bjc7b7 in the matter preceding subparagraph 7,a71 by striking on the date of enactment of this ,act was and inserting is2 7#c7 in section #bje 7#dc ,u4,s4,c4 #bcjd7-- 7,a7 in subsection 7a71 by striking section #bjf and all that follows through the period and inserting the following3 8section #bjf-- 7#a7 to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab72 7#b7 not later than #ahj days after the date of the enactment of the ,federal ,land ,transaction ,facilitation ,act ,reauthorization1 to establish and make available to the public1 on the website of the ,department of the ,interior1 a database containing a comprehensive list of all the land referred to in paragraph 7#a72 and 7#c7 to maintain the database referred to in paragraph 7#b74 2 and 7,b7 in subsection 7d71 by striking #aa and inserting #bb2 7#d7 by amending section #bjf7;c77#a7 7#dc ,u4,s4,c4 #bcje7;c77#a77 to read as follows3 7#a7 ,use of ,funds 7,a7 ,in general ,funds in the ,federal ,land ,disposal ,account shall be expended1 subject to appropriation1 in accordance with this subsection4 7,b7 ,purposes ,except as authorized under paragraph 7#b71 funds in the ,federal ,land ,disposal ,account shall be used for one or more of the following purposes3 7i7 ,to purchase lands or interests therein that are otherwise authorized by law to be acquired and are one or more of the following3 7,i7 ,inholdings4 7,,ii7 ,adjacent to federally designated areas and contain exceptional resources4 7,,iii7 ,provide opportunities for hunting1 recreational fishing1 recreational shooting1 and other recreational activities4 7,,iv7 ,likely to aid in the performance of deferred maintenance or the reduction of operation and maintenance costs or other deferred costs4 7ii7 ,to perform deferred maintenance or other maintenance activities that enhance opportunities for recreational access4 2 7#e7 in section #bjf7;c77#b7 7#dc ,u4,s4,c4 #bcje7;c77#b77-- 7,a7 by striking subparagraph 7,a72 7,b7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively2 7,c7 in subparagraph 7,c7 7as so redesignated by this paragraph7-- 7i7 by striking purchases and inserting land purchases and performance of deferred maintenance activities2 7ii7 by striking subparagraph 7,c7 and inserting subparagraph 7,b72 and 7iii7 by inserting for the activities outlined in paragraph 7#b7 after generated2 and 7,d7 by adding at the end the following3 7,d7 ,any funds made available under subparagraph 7,c7 that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any ,state4 2 7#f7 in section #bjf7;c77#c7 7#dc ,u4,s4,c4 #bcje7;c77#c77-- 7,a7 by inserting after subparagraph 7,a7 the following3 7,b7 the extent to which the acquisition of the land or interest therein will increase the public availability of resources for1 and facilitate public access to1 hunting1 fishing1 and other recreational activities2 2 and 7,b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d72 7#g7 in section #bjf7;f7 7#dc ,u4,s4,c4 #bcje7;f771 by amending paragraph 7#b7 to read as follows3 7#b7 any remaining balance in the account shall be deposited in the ,treasury and used for deficit reduction1 except that in the case of a fiscal year for which there is no ,federal budget deficit1 such amounts shall be used to reduce the ,federal debt 7in such manner as the ,secretary of the ,treasury considers appropriate74 2 and 7#h7 in section #bjg7;b7 7#dc ,u4,s4,c4 #bcjf7;b77-- 7,a7 in paragraph 7#a7-- 7i7 by striking #if-efh and inserting #if-ehf2 and 7ii7 by striking 2 or and inserting a semicolon2 7,b7 in paragraph 7#b7-- 7i7 by inserting ,public ,law #aje-bfc2 before #aab ,stat42 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#c7 the ,white ,pine ,county ,conservation1 ,recreation1 and ,development ,act of #bjjf 7,public ,law #aji-dcb2 #abj ,stat4 #cjbh72 7#d7 the ,lincoln ,county ,conservation1 ,recreation1 and ,development ,act of #bjjd 7,public ,law #ajh-dbd2 #aah ,stat4 #bdjc72 7#e7 subtitle ,f of title ,i of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #aacb note2 ,public ,law #aaa-aa72 7#f7 subtitle ,o of title ,i of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dfjwww note1 #aacb note2 ,public ,law #aaa-aa72 7#g7 section #bfja of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #aajh72 or 7#h7 section #bfjf of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #aaba74 4 ,j ,african ,elephant ,conservation and ,legal ,ivory ,possession ,act #baja4 ,short title ,this subtitle may be cited as the ,african ,elephant ,conservation and ,legal ,ivory ,possession ,act4 #bajb4 ,references ,except as otherwise specifically provided1 whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a provision1 the reference shall be considered to be made to a provision of the ,african ,elephant ,conservation ,act 7#af ,u4,s4,c4 #dbja et seq474 #bajc4 ,placement of ,united ,states ,fish and ,wildlife ,service law enforcement officers in each ,african elephant range country ,part ,i 7#af ,u4,s4,c4 #dbaa et seq47 is amended by adding at the end the following3 #baje4 ,placement of ,united ,states ,fish and ,wildlife ,service law enforcement officers in each ,african elephant range country ,the ,secretary1 in coordination with the ,secretary of ,state1 may station ,united ,states ,fish and ,wildlife ,service law enforcement officers in the primary ,united ,states diplomatic or consular post in each ,african country that has a significant population of ,african elephants1 who shall assist local wildlife rangers in the protection of ,african elephants and facilitate the apprehension of individuals who illegally kill1 or assist the illegal killing of1 ,african elephants4 4 #bajd4 ,treatment of elephant ivory ,section #bbjc 7#af ,u4,s4,c4 #dbbc7 is further amended by adding at the end the following3 7c7 ,treatment of elephant ivory ,nothing in this ,act or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aech7 shall be construed-- 7#a7 to prohibit1 or to authorize prohibiting1 the possession1 sale1 delivery1 receipt1 shipment1 or transportation of ,african elephant ivory1 or any product containing ,african elephant ivory1 that is in the ,united ,states because it has been lawfully imported or crafted in the ,united ,states2 or 7#b7 to authorize using any means of determining for purposes of this ,act or the ,endangered ,species ,act of #aigc whether ,african elephant ivory that is present in the ,united ,states has been lawfully imported1 including any presumption or burden of proof applied in such determination1 other than such means used by the ,secretary as of ,february #bd1 #bjad4 4 #baje4 ,african ,elephant ,conservation ,act financial assistance priority and reauthorization 7a7 ,financial assistance priority ,section #baja 7#af ,u4,s4,c4 #dbaa7 is amended by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively1 and by inserting after subsection 7d7 the following3 7e7 ,priority ,in providing financial assistance under this section1 the ,secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts4 4 7b7 ,reauthorization ,section #bcjf7;a7 7#af ,u4,s4,c4 #dbde7;a77 is amended by striking #bjjg through #bjab and inserting #bjaf through #bjbj4 #bajf4 ,government ,accountability ,office study ,not later than #ij days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study examining the effects of a ban of the trade in of fossilized ivory from mammoths and mastodons on the illegal importation and trade of ,african and ,asian elephant ivory within the ,united ,states1 with the exception of importation or trade thereof related to museum exhibitions or scientific research1 and report to ,congress the findings of such study4 ,k ,respect for ,treaties and ,rights #baaa4 ,respect for ,treaties and ,rights ,nothing in this ,act or the amendments made by this ,act shall be construed to affect or modify any treaty or other right of any federally recognized ,indian tribe4 ,l ,state ,approval of ,fishing ,restriction #baca4 ,state or ,territorial ,approval of ,restriction of ,recreational or ,commercial ,fishing ,access to ,certain ,state or ,territorial ,waters 7a7 ,approval required ,the ,secretary of the ,interior and the ,secretary of ,commerce shall not restrict recreational or commercial fishing access to any ,state or territorial marine waters or ,great ,lakes waters within the jurisdiction of the ,national ,park ,service or the ,office of ,national ,marine ,sanctuaries1 respectively1 unless those restrictions are developed in coordination with1 and approved by1 the fish and wildlife management agency of the ,state or territory that has fisheries management authority over those waters4 7b7 ,definition ,in this section1 the term marine waters includes coastal waters and estuaries4 ,m ,hunting and ,recreational ,fishing ,within ,certain ,national ,forests #bada4 ,definitions ,in this subtitle3 7#a7 ,hunting ,the term hunting means use of a firearm1 bow1 or other authorized means in the lawful pursuit1 shooting1 capture1 collection1 trapping1 or killing of wildlife2 attempt to pursue1 shoot1 capture1 collect1 trap1 or kill wildlife2 or the training and use of hunting dogs1 including field trials4 7#b7 ,recreational fishing ,the term recreational fishing means the lawful pursuit1 capture1 collection1 or killing of fish2 or attempt to capture1 collect1 or kill fish4 7#c7 ,forest plan ,the term forest plan means a land and resource management plan prepared by the ,forest ,service for a unit of the ,national ,forest ,system pursuant to section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#d7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a77 #badb4 ,hunting and recreational fishing within the national forest system 7a7 ,prohibition of restrictions ,the ,secretary of ,agriculture or ,chief of the ,forest ,service may not establish policies1 directives1 or regulations that restrict the type1 season1 or method of hunting or recreational fishing on lands within the ,national ,forest ,system that are otherwise open to those activities and are consistent with the applicable forest plan4 7b7 ,prior restrictions void ,any restrictions imposed by the ,secretary of ,agriculture or ,chief of the ,forest ,service regarding the type1 season1 or method of hunting or recreational fishing on lands within the ,national ,forest ,system that are otherwise open to those activities in force on the date of the enactment of this ,act shall be void and have no force or effect4 7c7 ,applicability ,this section shall apply only to the ,kisatchie ,national ,forest in the ,state of ,louisiana1 the ,de ,soto ,national ,forest in the ,state of ,mississippi1 the ,mark ,twain ,national ,forest in the ,state of ,missouri1 and the ,ozark ,national ,forest1 the ,st4 ,francis ,national ,forest and the ,ouachita ,national ,forest in the ,states of ,arkansas and ,oklahoma4 7d7 ,state authority ,nothing in this section1 section #a of the ,act of ,june #d1 #ahig 7#af ,u4,s4,c4 #eea71 or section #cb of the ,act of ,july #bb1 #aicg 7#g ,u4,s4,c4 #ajaa7 shall affect the authority of ,states to manage hunting or recreational fishing on lands within the ,national ,forest ,system4 #badc4 ,publication of ,closure of ,roads in ,forests ,the ,chief of the ,forest ,service shall publish a notice in the ,federal ,register for the closure of any public road on ,forest ,system lands1 along with a justification for the closure4 ,n ,grand ,canyon ,bison ,management ,act #baea4 ,short title ,this subtitle may be cited as the ,grand ,canyon ,bison ,management ,act4 #baeb4 ,definitions ,in this subtitle3 7#a7 ,management plan ,the term management plan means the management plan published under section #baec7;a74 7#b7 ,park ,the term ,park means the ,grand ,canyon ,national ,park4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,skilled public volunteer ,the term skilled public volunteer means an individual who possesses-- 7,a7 a valid hunting license issued by the ,state of ,arizona2 and 7,b7 such other qualifications as the ,secretary may require1 after consultation with the ,arizona ,game and ,fish ,commission4 #baec4 ,bison management plan for ,grand ,canyon ,national ,park 7a7 ,publication of plan ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall publish a management plan to reduce1 through humane lethal culling by skilled public volunteers and by other nonlethal means1 the population of bison in the ,park that the ,secretary determines are detrimental to the use of the ,park4 7b7 ,removal of ,animal ,notwithstanding any other provision of law1 a skilled public volunteer may remove a full bison harvested from the ,park4 7c7 ,coordination ,the ,secretary shall coordinate with the ,arizona ,game and ,fish ,commission regarding the development and implementation of the management plan4 7d7 ,,nepa ,compliance ,in developing the management plan1 the ,secretary shall comply with all applicable ,federal environmental laws 7including regulations71 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,limitation ,nothing in this subtitle applies to the taking of wildlife in the ,park for any purpose other than the implementation of the management plan4 ,o ,open ,book on ,equal ,access to ,justice #bafa4 ,short title ,this subtitle may be cited as the ,open ,book on ,equal ,access to ,justice ,act4 #bafb4 ,modification of equal access to justice provisions 7a7 ,agency proceedings ,section #ejd of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a71 by striking 1 ,united ,states ,code2 7#b7 by redesignating subsection 7f7 as subsection 7i72 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 7#a7 ,the ,chairman of the ,administrative ,conference of the ,united ,states1 after consultation with the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 shall report to the ,congress1 not later than ,march #ca of each year through the #fth calendar year beginning after the initial report under this subsection is submitted1 on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section4 ,the report shall describe the number1 nature1 and amount of the awards1 the claims involved in the controversy1 and any other relevant information that may aid the ,congress in evaluating the scope and impact of such awards4 ,the report shall be made available to the public online4 7#b7 7,a7 ,the report required by paragraph 7#a7 shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement1 regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions4 7,b7 ,the disclosure of fees and other expenses required under subparagraph 7,a7 does not affect any other information that is subject to nondisclosure provisions in the settlement agreement4 7f7 ,the ,chairman of the ,administrative ,conference shall create and maintain1 during the period beginning on the date the initial report under subsection 7e7 is submitted and ending one year after the date on which the final report under that subsection is submitted1 online a searchable database containing the following information with respect to each award of fees and other expenses under this section3 7#a7 ,the case name and number of the adversary adjudication1 if available4 7#b7 ,the name of the agency involved in the adversary adjudication4 7#c7 ,a description of the claims in the adversary adjudication4 7#d7 ,the name of each party to whom the award was made1 as such party is identified in the order or other agency document making the award4 7#e7 ,the amount of the award4 7#f7 ,the basis for the finding that the position of the agency concerned was not substantially justified4 7g7 ,the online searchable database described in subsection 7f7 may not reveal any information the disclosure of which is prohibited by law or court order4 7h7 ,the head of each agency shall provide to the ,chairman of the ,administrative ,conference in a timely manner all information requested by the ,chairman to comply with the requirements of subsections 7e71 7f71 and 7g74 4 7b7 ,court cases ,section #bdab7;d7 of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,the ,chairman of the ,administrative ,conference of the ,united ,states shall submit to the ,congress1 not later than ,march #ca of each year through the #fth calendar year beginning after the initial report under this paragraph is submitted1 a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection4 ,the report shall describe the number1 nature1 and amount of the awards1 the claims involved in each controversy1 and any other relevant information that may aid the ,congress in evaluating the scope and impact of such awards4 ,the report shall be made available to the public online4 7,b7 7i7 ,the report required by subparagraph 7,a7 shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement1 regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions4 7ii7 ,the disclosure of fees and other expenses required under clause 7i7 does not affect any other information that is subject to nondisclosure provisions in the settlement agreement4 7,c7 ,the ,chairman of the ,administrative ,conference shall include and clearly identify in the annual report under subparagraph 7,a71 for each case in which an award of fees and other expenses is included in the report-- 7i7 any amounts paid from section #acjd of title #ca for a judgment in the case2 7ii7 the amount of the award of fees and other expenses2 and 7iii7 the statute under which the plaintiff filed suit4 7#f7 ,the ,chairman of the ,administrative ,conference shall create and maintain1 during the period beginning on the date the initial report under paragraph 7#e7 is submitted and ending one year after the date on which the final report under that paragraph is submitted1 online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection3 7,a7 ,the case name and number4 7,b7 ,the name of the agency involved in the case4 7,c7 ,the name of each party to whom the award was made1 as such party is identified in the order or other court document making the award4 7,d7 ,a description of the claims in the case4 7,e7 ,the amount of the award4 7,f7 ,the basis for the finding that the position of the agency concerned was not substantially justified4 7#g7 ,the online searchable database described in paragraph 7#f7 may not reveal any information the disclosure of which is prohibited by law or court order4 7#h7 ,the head of each agency 7including the ,attorney ,general of the ,united ,states7 shall provide to the ,chairman of the ,administrative ,conference of the ,united ,states in a timely manner all information requested by the ,chairman to comply with the requirements of paragraphs 7#e71 7#f71 and 7#g74 4 7c7 ,clerical amendments ,section #bdab of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#c71 by striking ,united ,states ,code12 and 7#b7 in subsection 7e7-- 7,a7 by striking of section #bdab of title #bh1 ,united ,states ,code1 and inserting of this section2 and 7,b7 by striking of such title and inserting of this title4 7d7 ,effective date 7#a7 ,in general ,the amendments made by subsections 7a7 and 7b7 shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this ,act4 7#b7 ,initial reports ,the first reports required by section #ejd7;e7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#e7 of title #bh1 ,united ,states ,code1 shall be submitted not later than ,march #ca of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this ,act4 7#c7 ,online databases ,the online databases required by section #ejd7;f7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#f7 of title #bh1 ,united ,states ,code1 shall be established as soon as practicable after the date of the enactment of this ,act1 but in no case later than the date on which the first reports under section #ejd7;e7 of title #e1 ,united ,states ,code1 and section #bdab7;d77#e7 of title #bh1 ,united ,states ,code1 are required to be submitted under paragraph 7#b7 of this subsection4 ,p ,utility terrain vehicles #baga4 ,utility terrain vehicles in ,kisatchie ,national ,forest 7a7 ,in general ,the ,forest ,administrator shall amend the applicable travel plan to allow utility terrain vehicles access on all roads nominated by the ,secretary of ,louisiana ,wildlife and ,fisheries in the ,kisatchie ,national ,forest1 except when such designation would pose an unacceptable safety risk1 in which case the ,forest ,administrator shall publish a notice in the ,federal ,register with a justification for the closure4 7b7 ,utility terrain vehicles defined ,for purposes of this section1 the term utility terrain vehicle-- 7#a7 means any recreational motor vehicle designed for and capable of travel over designated roads1 traveling on four or more tires with a maximum tire width of #bg inches1 a maximum wheel cleat or lug of #c_/d of an inch1 a minimum width of #ej inches but not exceeding #gd inches1 a minimum weight of at least #gjj pounds but not exceeding #b1jjj pounds1 and a minimum wheelbase of #fa inches but not exceeding #aaj inches2 7#b7 includes vehicles not equipped with a certification label as required by part #efg4d of title #di1 ,code of ,federal ,regulations2 and 7#c7 does not include golf carts1 vehicles specially designed to carry a disabled person1 or vehicles otherwise registered under section #cb4bii of the ,louisiana ,state statutes4 ,q ,good ,samaritan ,search and ,recovery #baha4 ,short title ,this subtitle may be cited as the ,good ,samaritan ,search and ,recovery ,act4 #bahb4 ,expedited access to certain ,federal land 7a7 ,definitions ,in this section3 7#a7 ,eligible ,the term eligible1 with respect to an organization or individual1 means that the organization or individual1 respectively1 is-- 7,a7 acting in a not-for-profit capacity2 and 7,b7 composed entirely of members who1 at the time of the good ,samaritan search-and-recovery mission1 have attained the age of majority under the law of the ,state where the mission takes place4 7#b7 ,good ,samaritan search-and-recovery mission ,the term good ,samaritan search-and-recovery mission means a search conducted by an eligible organization or individual for #a or more missing individuals believed to be deceased at the time that the search is initiated4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable4 7b7 ,process 7#a7 ,in general ,each ,secretary shall develop and implement a process to expedite access to ,federal land under the administrative jurisdiction of the ,secretary for eligible organizations and individuals to request access to ,federal land to conduct good ,samaritan search-and-recovery missions4 7#b7 ,inclusions ,the process developed and implemented under this subsection shall include provisions to clarify that-- 7,a7 an eligible organization or individual granted access under this section-- 7i7 shall be acting for private purposes2 and 7ii7 shall not be considered to be a ,federal volunteer2 7,b7 an eligible organization or individual conducting a good ,samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section #ajbcja7;c7 of title #ed1 ,united ,states ,code2 7,c7 chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 shall not apply to an eligible organization or individual carrying out a privately requested good ,samaritan search-and-recovery mission under this section2 and 7,d7 an eligible organization or entity who conducts a good ,samaritan search-and-recovery mission under this section shall serve without pay from the ,federal ,government for such service4 7c7 ,release of ,federal ,government from liability ,the ,secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing ,federal land under this section1 if the eligible organization or individual-- 7#a7 acknowledges and consents1 in writing1 to the provisions described in subparagraphs 7,a7 through 7,d7 of subsection 7b77#b72 and 7#b7 signs a waiver releasing the ,federal ,government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the ,united ,states from any claims or lawsuits arising from any conduct by the eligible organization or individual on ,federal land4 7d7 ,approval and denial of requests 7#a7 ,in general ,the ,secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good ,samaritan search-and-recovery mission under this section by not later than #dh hours after the request is made4 7#b7 ,denials ,if the ,secretary denies a request from an eligible organization or individual to carry out a good ,samaritan search-and-recovery mission under this section1 the ,secretary shall notify the eligible organization or individual of-- 7,a7 the reason for the denial of the request2 and 7,b7 any actions that the eligible organization or individual can take to meet the requirements for the request to be approved4 7e7 ,partnerships ,each ,secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations-- 7#a7 to coordinate good ,samaritan search-and-recovery missions on ,federal land under the administrative jurisdiction of the ,secretary2 and 7#b7 to expedite and accelerate good ,samaritan search-and-recovery mission efforts for missing individuals on ,federal land under the administrative jurisdiction of the ,secretary4 7f7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a joint report describing-- 7#a7 plans to develop partnerships described in subsection 7e77#a72 and 7#b7 efforts carried out to expedite and accelerate good ,samaritan search-and-recovery mission efforts for missing individuals on ,federal land under the administrative jurisdiction of each ,secretary pursuant to subsection 7e77#b74 ,r ,interstate ,transportation of ,firearms or ,ammunition #baia4 ,interstate transportation of firearms or ammunition 7a7 ,in general ,section #ibf;,a of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ibf;,a4 ,interstate transportation of firearms or ammunition 7a7 ,notwithstanding any provision of any law1 rule1 or regulation of a ,state or any political subdivision thereof3 7#a7 ,a person who is not prohibited by this chapter from possessing1 transporting1 shipping1 or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the firearm to any other such place if1 during the transportation1 the firearm is unloaded1 and-- 7,a7 if the transportation is by motor vehicle1 the firearm is not directly accessible from the passenger compartment of the vehicle1 and1 if the vehicle is without a compartment separate from the passenger compartment1 the firearm is in a locked container other than the glove compartment or console1 or is secured by a secure gun storage or safety device2 or 7,b7 if the transportation is by other means1 the firearm is in a locked container or secured by a secure gun storage or safety device4 7#b7 ,a person who is not prohibited by this chapter from possessing1 transporting1 shipping1 or receiving a firearm or ammunition shall be entitled to transport ammunition for any lawful purpose from any place where the person may lawfully possess1 carry1 or transport the ammunition1 to any other such place if1 during the transportation1 the ammunition is not loaded into a firearm1 and-- 7,a7 if the transportation is by motor vehicle1 the ammunition is not directly accessible from the passenger compartment of the vehicle1 and1 if the vehicle is without a compartment separate from the passenger compartment1 the ammunition is in a locked container other than the glove compartment or console2 or 7,b7 if the transportation is by other means1 the ammunition is in a locked container4 7b7 ,in subsection 7a71 the term transport includes staying in temporary lodging overnight1 stopping for food1 fuel1 vehicle maintenance1 an emergency1 medical treatment1 and any other activity incidental to the transport1 but does not include transportation-- 7#a7 with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another2 or 7#b7 with knowledge1 or reasonable cause to believe1 that such a crime is to be committed in the course of1 or arising from1 the transportation4 7c7 7#a7 ,a person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a ,state or any political subdivision thereof related to the possession1 transportation1 or carrying of firearms1 unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection 7a74 7#b7 ,when a person asserts this section as a defense in a criminal proceeding1 the prosecution shall bear the burden of proving1 beyond a reasonable doubt1 that the conduct of the person did not satisfy the conditions set forth in subsection 7a74 7#c7 ,when a person successfully asserts this section as a defense in a criminal proceeding1 the court shall award the prevailing defendant a reasonable attorney's fee4 7d7 7#a7 ,a person who is deprived of any right1 privilege1 or immunity secured by this section1 section #ibf;,b or #ibf;,c1 under color of any statute1 ordinance1 regulation1 custom1 or usage of any ,state or any political subdivision thereof1 may bring an action in any appropriate court against any other person1 including a ,state or political subdivision thereof1 who causes the person to be subject to the deprivation1 for damages and other appropriate relief4 7#b7 ,the court shall award a plaintiff prevailing in an action brought under paragraph 7#a7 damages and such other relief as the court deems appropriate1 including a reasonable attorney's fee4 4 7b7 ,clerical amendment ,the table of sections for such chapter is amended in the item relating to section #ibf;,a by striking firearms and inserting firearms or ammunition4 ,s ,gray ,wolves #bbja4 ,reissuance of final rule regarding gray wolves in the ,western ,great ,lakes ,before the end of the #fj-;day period beginning on the date of enactment of this ,act1 the ,secretary of the ,interior shall reissue the final rule published on ,december #bh1 #bjaa 7#gf ,fed4 ,reg4 #hafff71 without regard to any other provision of statute or regulation that applies to issuance of such rule4 ,such reissuance shall not be subject to judicial review4 #bbjb4 ,reissuance of final rule regarding gray wolves in ,wyoming ,before the end of the #fj-;day period beginning on the date of enactment of this ,act1 the ,secretary of the ,interior shall reissue the final rule published on ,september #aj1 #bjab 7#gg ,fed4 ,reg4 #eeecj71 without regard to any other provision of statute or regulation that applies to issuance of such rule4 ,such reissuance shall not be subject to judicial review4 ,t ,miscellaneous provisions #bbaa4 ,prohibition on issuance of final rule ,the ,director of the ,united ,states ,fish and ,wildlife ,service shall not issue a final rule that-- 7#a7 succeeds the proposed rule entitled ,non-,subsistence ,take of ,wildlife1 and ,public ,participation and ,closure ,procedures1 on ,national ,wildlife ,refuges in ,alaska 7#ha ,fed4 ,reg4 #hhg 7,january #h1 #bjaf772 or 7#b7 is substantially similar to that proposed rule4 #bbab4 ,withdrawal of existing rule regarding hunting and trapping in ,alaska ,the ,director of the ,national ,park ,service shall withdraw the final rule entitled ,alaska2 ,hunting and ,trapping in ,national ,preserves 7#hj ,fed4 ,reg4 #fdcbe 7,october #bc1 #bjae77 by not later than #cj days after the date of the enactment of this ,act1 and shall not issue a rule that is substantially similar to that rule4 ,,iii ,national ,strategic and ,critical ,minerals ,production ,act #cjja4 ,short title ,this title may be cited as the ,national ,strategic and ,critical ,minerals ,production ,act of #bjae4 #cjjb4 ,findings ,congress finds the following3 7#a7 ,the industrialization of developing nations has driven demand for nonfuel minerals necessary for telecommunications1 military technologies1 healthcare technologies1 and conventional and renewable energy technologies4 7#b7 ,the availability of minerals and mineral materials are essential for economic growth1 national security1 technological innovation1 and the manufacturing and agricultural supply chain4 7#c7 ,the exploration1 production1 processing1 use1 and recycling of minerals contribute significantly to the economic well-being1 security1 and general welfare of the ,nation4 7#d7 ,the ,united ,states has vast mineral resources1 but is becoming increasingly dependent upon foreign sources of these mineral materials1 as demonstrated by the following3 7,a7 ,twenty-five years ago the ,united ,states was dependent on foreign sources for #de nonfuel mineral materials1 #h of which the ,united ,states imported #ajj percent of the ,nation's requirements1 and for another #ai commodities the ,united ,states imported more than #ej percent of the ,nation's needs4 7,b7 ,by #bjad the ,united ,states import dependence for nonfuel mineral materials increased from #de to #fe commodities1 #ai of which the ,united ,states imported for #ajj percent of the ,nation's requirements1 and an additional #bd of which the ,united ,states imported for more than #ej percent of the ,nation's needs4 7,c7 ,the ,united ,states share of worldwide mineral exploration dollars was #g percent in #bjad1 down from #ai percent in the early #aiijs4 7,d7 ,in the #bjad ,ranking of ,countries for ,mining ,investment 7out of #be major mining countries71 found that #g- to #aj-year permitting delays are the most significant risk to mining projects in the ,united ,states4 #cjjc4 ,definitions ,in this title3 7#a7 ,strategic and critical minerals ,the term strategic and critical minerals means minerals that are necessary-- 7,a7 for national defense and national security requirements2 7,b7 for the ,nation's energy infrastructure1 including pipelines1 refining capacity1 electrical power generation and transmission1 and renewable energy production2 7,c7 to support domestic manufacturing1 agriculture1 housing1 telecommunications1 healthcare1 and transportation infrastructure2 or 7,d7 for the ,nation's economic security and balance of trade4 7#b7 ,agency ,the term agency means any agency1 department1 or other unit of ,federal1 ,state1 local1 or tribal government1 or ,alaska ,native ,corporation4 7#c7 mineral exploration or mine permit ,the term mineral exploration or mine permit includes-- 7,a7 ,bureau of ,land ,management and ,forest ,service authorizations for pre-mining activities that require environmental analyses pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,b7 plans of operation issued by the ,bureau of ,land ,management and the ,forest ,service pursuant to #dc ,,cfr #chji and #cf ,,cfr #bbh;,a or the authorities listed in #dc ,,cfr #cejc4ac1 respectively1 as amended from time to time4 ,a ,development of ,domestic ,sources of ,strategic and ,critical ,minerals #cjaa4 ,improving development of strategic and critical minerals ,domestic mines that will provide strategic and critical minerals shall be considered an infrastructure project as described in ,presidential order ,improving ,performance of ,federal ,permitting and ,review of ,infrastructure ,projects dated ,march #bb1 #bjab4 #cjab4 ,responsibilities of the lead agency 7a7 ,in general ,the lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead within the lead agency who shall coordinate and consult with cooperating agencies and any other agency involved in the permitting process1 project proponents and contractors to ensure that agencies minimize delays1 set and adhere to timelines and schedules for completion of the permitting process1 set clear permitting goals and track progress against those goals4 7b7 ,determination under ,,nepa 7#a7 ,in general ,to the extent that the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies to the issuance of any mineral exploration or mine permit1 the requirements of such ,act shall be deemed to have been procedurally and substantively satisfied if the lead agency determines that any ,state and_/or ,federal agency acting pursuant to ,state or ,federal 7or both7 statutory or procedural authorities1 has addressed or will address the following factors3 7,a7 ,the environmental impact of the action to be conducted under the permit4 7,b7 ,possible adverse environmental effects of actions under the permit4 7,c7 ,possible alternatives to issuance of the permit4 7,d7 ,the relationship between local long- and short-term uses of man's environment and the maintenance and enhancement of long-term productivity4 7,e7 ,any irreversible and irretrievable commitment of resources that would be involved in the proposed action4 7,f7 ,that public participation will occur during the decisionmaking process for authorizing actions under the permit4 7#b7 ,written requirement ,in reaching a determination under paragraph 7#a71 the lead agency shall1 by no later than #ij days after receipt of an application for the permit1 in a written record of decision-- 7,a7 explain the rationale used in reaching its determination2 7,b7 state the facts in the record that are the basis for the determination2 and 7,c7 show that the facts in the record could allow a reasonable person to reach the same determination as the lead agency did4 7c7 ,coordination on permitting process ,the lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination for the permitting process by avoiding duplicative reviews1 minimizing paperwork1 and engaging other agencies and stakeholders early in the process4 ,for purposes of this subsection1 the lead agency shall consider the following practices3 7#a7 ,deferring to and relying upon baseline data1 analyses and reviews performed by ,state agencies with jurisdiction over the proposed project4 7#b7 ,conducting any consultations or reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision4 7d7 ,memorandum of agency agreement ,if requested at any time by a ,state or local planning agency1 the lead agency with responsibility for issuing a mineral exploration or mine permit1 in consultation with other ,federal agencies with relevant jurisdiction in the environmental review process1 may establish memoranda of agreement with the project sponsor1 ,state and local governments1 and other appropriate entities to accomplish the early coordination activities described in subsection 7c74 7e7 ,schedule for permitting process ,for any project for which the lead agency cannot make the determination described in #ajb7;b71 at the request of a project proponent the lead agency1 cooperating agencies1 and any other agencies involved with the mineral exploration or mine permitting process shall enter into an agreement with the project proponent that sets time limits for each part of the permitting process1 including for the following3 7#a7 ,the decision on whether to prepare a document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,a determination of the scope of any document required under the ,national ,environmental ,policy ,act of #aifi4 7#c7 ,the scope of and schedule for the baseline studies required to prepare a document required under the ,national ,environmental ,policy ,act of #aifi4 7#d7 ,preparation of any draft document required under the ,national ,environmental ,policy ,act of #aifi4 7#e7 ,preparation of a final document required under the ,national ,environmental ,policy ,act of #aifi4 7#f7 ,consultations required under applicable laws4 7#g7 ,submission and review of any comments required under applicable law4 7#h7 ,publication of any public notices required under applicable law4 7#i7 ,a final or any interim decisions4 7f7 ,time limit for permitting process ,in no case should the total review process described in subsection 7d7 exceed #cj months unless extended by the signatories of the agreement4 7g7 ,limitation on addressing public comments ,the lead agency is not required to address agency or public comments that were not submitted during any public comment periods or consultation periods provided during the permitting process or as otherwise required by law4 7h7 ,financial assurance ,the lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site1 which must cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan1 including construction and maintenance costs for any treatment facilities necessary to meet ,federal1 ,state or tribal environmental standards4 7i7 ,application to existing permit applications ,this section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this ,act if the applicant for the permit submits a written request to the lead agency for the permit4 ,the lead agency shall begin implementing this section with respect to such application within #cj days after receiving such written request4 7j7 ,strategic and critical minerals within ,national ,forests ,with respect to strategic and critical minerals within a federally administered unit of the ,national ,forest ,system1 the lead agency shall-- 7#a7 exempt all areas of identified mineral resources in ,land ,use ,designations1 other than ,non-,development ,land ,use ,designations1 in existence as of the date of the enactment of this ,act from the procedures detailed at and all rules promulgated under part #bid of title #cf1 ,code of ,federal ,regulations2 7#b7 apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction1 operation1 maintenance1 and restoration of the areas of identified mineral resources described in paragraph 7#a72 and 7#c7 continue to apply such exemptions after approval of the ,minerals ,plan of ,operations for the unit of the ,national ,forest ,system4 #cjac4 ,conservation of the resource ,in evaluating and issuing any mineral exploration or mine permit1 the priority of the lead agency shall be to maximize the development of the mineral resource1 while mitigating environmental impacts1 so that more of the mineral resource can be brought to the marketplace4 #cjad4 ,federal register process for mineral exploration and mining projects 7a7 ,preparation of ,federal ,notices for ,mineral ,exploration and ,mine ,development ,projects ,the preparation of ,federal ,register notices required by law associated with the issuance of a mineral exploration or mine permit shall be delegated to the organization level within the agency responsible for issuing the mineral exploration or mine permit4 ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated and transmitted to the ,federal ,register from the office where documents are held1 meetings are held1 or the activity is initiated4 7b7 ,departmental ,review of ,federal ,register ,notices for ,mineral ,exploration and ,mining ,projects ,absent any extraordinary circumstance or except as otherwise required by any ,act of ,congress1 each ,federal ,register notice described in subsection 7a7 shall undergo any required reviews within the ,department of the ,interior or the ,department of ,agriculture and be published in its final form in the ,federal ,register no later than #cj days after its initial preparation4 ,b ,judicial review of agency actions relating to ,exploration and ,mine ,permits #cjba4 ,definitions for title ,in this subtitle the term covered civil action means a civil action against the ,federal ,government containing a claim under section #gjb of title #e1 ,united ,states ,code1 regarding agency action affecting a mineral exploration or mine permit4 #cjbb4 ,timely filings ,a covered civil action is barred unless filed no later than the end of the #fj-;day period beginning on the date of the final ,federal agency action to which it relates4 #cjbc4 ,right to intervene ,the holder of any mineral exploration or mine permit may intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit4 #cjbd4 ,expedition in hearing and determining the action ,the court shall endeavor to hear and determine any covered civil action as expeditiously as possible4 #cjbe4 ,limitation on prospective relief ,in a covered civil action1 the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn1 extends no further than necessary to correct the violation of a legal requirement1 and is the least intrusive means necessary to correct that violation4 #cjbf4 ,limitation on attorneys' fees ,section #ejd of title #e1 ,united ,states ,code1 and section #bdab of title #bh1 ,united ,states ,code 7together commonly called the ,equal ,access to ,justice ,act7 do not apply to a covered civil action1 nor shall any party in such a covered civil action receive payment from the ,federal ,government for their attorneys' fees1 expenses1 and other court costs4 ,c ,miscellaneous provisions #cjca4 ,secretarial order not affected ,this title shall not apply to any mineral described in ,secretarial ,order ,no4 #ccbd1 issued by the ,secretary of the ,interior on ,december #c1 #bjab1 in any area to which the order applies4 ,,iv ,native ,american ,energy ,act #djja4 ,short title ,this title may be cited as the ,native ,american ,energy ,act4 #djjb4 ,appraisals 7a7 ,amendment ,title ,,xxvi of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja et seq47 is amended by adding at the end the following3 #bfjg4 ,appraisal reforms 7a7 ,options to ,indian ,tribes ,with respect to a transaction involving ,indian land or the trust assets of an ,indian tribe that requires the approval of the ,secretary1 any appraisal relating to fair market value required to be conducted under applicable law1 regulation1 or policy may be completed by-- 7#a7 the ,secretary2 7#b7 the affected ,indian tribe2 or 7#c7 a certified1 third-party appraiser pursuant to a contract with the ,indian tribe4 7b7 ,time ,limit on ,secretarial ,review and ,action ,not later than #cj days after the date on which the ,secretary receives an appraisal conducted by or for an ,indian tribe pursuant to paragraphs 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 provide to the ,indian tribe a written notice of approval or disapproval of the appraisal4 7c7 ,failure of ,secretary ,to ,approve or ,disapprove ,if1 after #fj days1 the ,secretary has failed to approve or disapprove any appraisal received1 the appraisal shall be deemed approved4 7d7 ,option to ,indian ,tribes ,to ,waive ,appraisal 7#a7 ,an ,indian tribe wishing to waive the requirements of subsection 7a71 may do so after it has satisfied the requirements of paragraphs 7#b7 and 7#c74 7#b7 ,an ,indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the ,secretary a written resolution1 statement1 or other unambiguous indication of tribal intent1 duly approved by the governing body of the ,indian tribe4 7#c7 ,the unambiguous indication of intent provided by the ,indian tribe to the ,secretary under paragraph 7#b7 must include an express waiver by the ,indian tribe of any claims for damages it might have against the ,united ,states as a result of the lack of an appraisal undertaken4 7e7 ,definition ,for purposes of this subsection1 the term appraisal includes appraisals and other estimates of value4 7f7 ,regulations ,the ,secretary shall develop regulations for implementing this section1 including standards the ,secretary shall use for approving or disapproving an appraisal4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbja note7 is amended by adding at the end of the items relating to title ,,xxvi the following3 ,sec4 #bfjg4 ,appraisal reforms4 4 #djjc4 ,standardization ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall implement procedures to ensure that each agency within the ,department of the ,interior that is involved in the review1 approval1 and oversight of oil and gas activities on ,indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells4 #djjd4 ,environmental reviews of major ,federal actions on ,indian lands ,section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 is amended by inserting 7a7 ,in general4-- before the first sentence1 and by adding at the end the following3 7b7 ,review of major ,federal actions on ,indian lands 7#a7 ,review and comment 7,a7 ,in general ,except as provided in subparagraph 7,b71 the statement required under subsection 7a77#b77;,c7 for a major ,federal action regarding an activity on ,indian lands of an ,indian tribe shall only be available for review and comment by the members of the ,indian tribe1 other individuals residing within the affected area1 and ,state1 federally recognized tribal1 and local governments within the affected area4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to a statement for a major ,federal action regarding an activity on ,indian lands of an ,indian tribe related to gaming under the ,indian ,gaming ,regulatory ,act4 7#b7 ,regulations ,the ,chairman of the ,council on ,environmental ,quality shall develop regulations to implement this section1 including descriptions of affected areas for specific major ,federal actions1 in consultation with ,indian tribes4 7#c7 ,definitions ,in this subsection1 each of the terms ,indian land and ,indian tribe has the meaning given that term in section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja74 7#d7 ,clarification of authority ,nothing in the ,native ,american ,energy ,act1 except section #f of that ,act1 shall give the ,secretary any additional authority over energy projects on ,alaska ,native ,claims ,settlement ,act lands4 4 #djje4 ,judicial review 7a7 ,time for filing complaint ,any energy related action must be filed not later than the end of the #fj-;day period beginning on the date of the final agency action4 ,any energy related action not filed within this time period shall be barred4 7b7 ,district court venue and deadline ,all energy related actions-- 7#a7 shall be brought in the ,united ,states ,district ,court for the ,district of ,columbia2 and 7#b7 shall be resolved as expeditiously as possible1 and in any event not more than #ahj days after such cause of action is filed4 7c7 ,appellate review ,an interlocutory order or final judgment1 decree or order of the district court in an energy related action may be reviewed by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 ,the ,district of ,columbia ,circuit ,court of ,appeals shall resolve such appeal as expeditiously as possible1 and in any event not more than #ahj days after such interlocutory order or final judgment1 decree or order of the district court was issued4 7d7 ,limitation on certain payments ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #ejd of title #e1 ,united ,states ,code1 or under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,united ,states ,treasury to pay any fees or other expenses under such sections1 to any person or party in an energy related action4 7e7 ,legal fees ,in any energy related action in which the plaintiff does not ultimately prevail1 the court shall award to the defendant 7including any intervenor-defendants71 other than the ,united ,states1 fees and other expenses incurred by that party in connection with the energy related action1 unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust4 ,whether or not the position of the plaintiff was substantially justified shall be determined on the basis of the administrative record1 as a whole1 which is made in the energy related action for which fees and other expenses are sought4 7f7 ,definitions ,for the purposes of this section1 the following definitions apply3 7#a7 ,agency action ,the term agency action has the same meaning given such term in section #eea of title #e1 ,united ,states ,code4 7#b7 ,indian land ,the term ,indian ,land has the same meaning given such term in section #bjc7;c77#c7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #be ,u4,s4,c4 #ceja71 including lands owned by ,native ,corporations under the ,alaska ,native ,claims ,settlement ,act 7,public ,law #ib-bjc2 #dc ,u4,s4,c4 #afja74 7#c7 ,energy related action ,the term energy related action means a cause of action that-- 7,a7 is filed on or after the effective date of this ,act2 and 7,b7 seeks judicial review of a final agency action to issue a permit1 license1 or other form of agency permission allowing3 7i7 any person or entity to conduct activities on ,indian ,land1 which activities involve the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity2 or 7ii7 any ,indian ,tribe1 or any organization of two or more entities1 at least one of which is an ,indian tribe1 to conduct activities involving the exploration1 development1 production or transportation of oil1 gas1 coal1 shale gas1 oil shale1 geothermal resources1 wind or solar resources1 underground coal gasification1 biomass1 or the generation of electricity1 regardless of where such activities are undertaken4 7#d7 ,ultimately prevail ,the phrase ultimately prevail means1 in a final enforceable judgment1 the court rules in the party's favor on at least one cause of action which is an underlying rationale for the preliminary injunction1 administrative stay1 or other relief requested by the party1 and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree4 #djjf4 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd is amended by inserting after section #b 7#be ,u4,s4,c4 #caae;a7 the following3 #c4 ,tribal biomass demonstration project 7a7 ,in general ,for each of fiscal years #bjaf through #bjbj1 the ,secretary shall enter into stewardship contracts or other agreements1 other than agreements that are exclusively direct service contracts1 with ,indian tribes to carry out demonstration projects to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 on ,indian forest land and in nearby communities by providing reliable supplies of woody biomass from ,federal land4 7b7 ,definitions ,the definitions in section #b shall apply to this section4 7c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 the ,secretary shall enter into contracts or other agreements described in subsection 7a7 to carry out at least #d new demonstration projects that meet the eligibility criteria described in subsection 7d74 7d7 ,eligibility criteria ,to be eligible to enter into a contract or other agreement under this subsection1 an ,indian tribe shall submit to the ,secretary an application-- 7#a7 containing such information as the ,secretary may require2 and 7#b7 that includes a description of-- 7,a7 the ,indian forest land or rangeland under the jurisdiction of the ,indian tribe2 and 7,b7 the demonstration project proposed to be carried out by the ,indian tribe4 7e7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary-- 7#a7 shall take into consideration the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e7 of ,public ,law #ajh-bgh2 and whether a proposed demonstration project would-- 7,a7 increase the availability or reliability of local or regional energy2 7,b7 enhance the economic development of the ,indian tribe2 7,c7 improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7,d7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 or 7,e7 otherwise promote the use of woody biomass2 and 7#b7 shall exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7f7 ,implementation ,the ,secretary shall-- 7#a7 ensure that the criteria described in subsection 7c7 are publicly available by not later than #abj days after the date of enactment of this section2 and 7#b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section4 7g7 ,report ,not later than one year subsequent to the date of enactment of this section1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7#a7 each individual tribal application received under this section2 and 7#b7 each contract and agreement entered into pursuant to this section4 7h7 ,incorporation of management plans ,in carrying out a contract or agreement under this section1 on receipt of a request from an ,indian tribe1 the ,secretary shall incorporate into the contract or agreement1 to the extent practicable1 management plans 7including forest management and integrated resource management plans7 in effect on the ,indian forest land or rangeland of the respective ,indian tribe4 7i7 ,term ,a stewardship contract or other agreement entered into under this section-- 7#a7 shall be for a term of not more than #bj years2 and 7#b7 may be renewed in accordance with this section for not more than an additional #aj years4 #d4 ,tribal forest management demonstration project ,the ,secretary of the ,interior and the ,secretary of ,agriculture may carry out demonstration projects by which federally recognized ,indian tribes or tribal organizations may contract to perform administrative1 management1 and other functions of programs of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a et seq47 through contracts entered into under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 4 #djjg4 ,tribal resource management plans ,unless otherwise explicitly exempted by ,federal law enacted after the date of the enactment of this ,act1 any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the ,secretary of the ,interior under the ,national ,indian ,forest ,resources ,management ,act 7#be ,u4,s4,c4 #caja et seq47 or the ,american ,indian ,agricultural ,resource ,management ,act 7#be ,u4,s4,c4 #cgja et seq471 shall be considered a sustainable management practice for purposes of any ,federal standard1 benefit1 or requirement that requires a demonstration of such sustainability4 #djjh4 ,leases of restricted lands for the ,navajo ,nation ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;e77#a72 commonly referred to as the ,long-,term ,leasing ,act71 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including leases for2 7#b7 in subparagraph 7,a71 by striking #be the first place it appears and all that follows and inserting #ii years22 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 in the case of a lease for the exploration1 development1 or extraction of mineral resources1 including geothermal resources1 #be years1 except that any such lease may include an option to renew for one additional term not to exceed #be years4 4 #djji4 ,nonapplicability of certain rules ,no rule promulgated by the ,department of the ,interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of ,indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status4 ,v ,northport irrigation early repayment #ejja4 ,early repayment of construction costs 7a7 ,in general ,notwithstanding section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm71 any landowner within the ,northport ,irrigation ,district in the ,state of ,nebraska 7referred to in this section as the ,district7 may repay1 at any time1 the construction costs of project facilities allocated to the landowner's land within the ,district4 7b7 ,applicability of full-,cost pricing limitations ,on discharge1 in full1 of the obligation for repayment of all construction costs described in subsection 7a7 that are allocated to all land the landowner owns in the ,district in question1 the parcels of land shall not be subject to the ownership and full-cost pricing limitations under ,federal reclamation law 7the ,act of ,june #ag1 #aijb1 #cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq471 including the ,reclamation ,reform ,act of #aihb 7#ac ,u4,s4,c4 #cij;aa et seq474 7c7 ,certification ,on request of a landowner that has repaid1 in full1 the construction costs described in subsection 7a71 the ,secretary of the ,interior shall provide to the landowner a certificate described in section #bac7;b77#a7 of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm7b77#a774 7d7 ,effect ,nothing in this section-- 7#a7 modifies any contractual rights under1 or amends or reopens1 the reclamation contract between the ,district and the ,united ,states2 or 7#b7 modifies any rights1 obligations1 or relationships between the ,district and landowners in the ,district under ,nebraska ,state law4 ,,vi ,ocmulgee ,mounds ,national ,historical ,park ,boundary ,revision ,act #fjja4 ,short title ,this title may be cited as the ,ocmulgee ,mounds ,national ,historical ,park ,boundary ,revision ,act of #bjaf4 #fjjb4 ,definitions ,in this ,act3 7#a7 ,map ,the term map means the map entitled ,ocmulgee ,national ,monument ,proposed ,boundary ,adjustment1 numbered #cfc_/abeiif1 and dated ,january #bjaf4 7#b7 ,historical park ,the term ,historical ,park means the ,ocmulgee ,mounds ,national ,historical ,park in the ,state of ,georgia1 as redesignated in section #fjjc4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #fjjc4 ,ocmulgee ,mounds ,national ,historical ,park 7a7 ,redesignation ,ocmulgee ,national ,monument1 established pursuant to the ,act of ,june #ad1 #aicd 7#dh ,stat4 #ieh71 shall be known and designated as ,ocmulgee ,mounds ,national ,historical ,park4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to ,ocmulgee ,national ,monument1 other than in this ,act1 shall be deemed to be a reference to ,ocmulgee ,mounds ,national ,historical ,park4 #fjjd4 ,boundary adjustment 7a7 ,in general ,the boundary of the ,historical ,park is revised to include approximately #b1ajj acres1 as generally depicted on the map4 7b7 ,availability of map ,the map shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service1 the ,department of the ,interior4 #fjje4 ,land acquisition2 no buffer zones 7a7 ,land acquisition ,the ,secretary is authorized to acquire land and interests in land within the boundaries of the ,historical ,park by donation or exchange only 7and in the case of an exchange1 no payment may be made by the ,secretary to any landowner74 ,the ,secretary may not acquire by condemnation any land or interest in land within the boundaries of the ,historical ,park4 ,no private property or non-,federal public property shall be included within the boundaries of the ,historical ,park without the written consent of the owner of such property4 7b7 ,no buffer zones ,nothing in this ,act1 the establishment of the ,historical ,park1 or the management of the ,historical ,park shall be construed to create buffer zones outside of the ,historical ,park4 ,that an activity or use can be seen or heard from within the ,historical ,park shall not preclude the conduct of that activity or use outside the ,historical ,park4 #fjjf4 ,administration ,the ,secretary shall administer any land acquired under section #fjje as part of the ,historical ,park in accordance with applicable laws and regulations4 #fjjg4 ,ocmulgee ,river corridor special resource study 7a7 ,in general ,the ,secretary shall conduct a special resource study of the ,ocmulgee ,river corridor between the cities of ,macon1 ,georgia1 and ,hawkinsville1 ,georgia1 to determine-- 7#a7 the national significance of the study area2 7#b7 the suitability and feasibility of adding lands in the study area to the ,national ,park ,system2 and 7#c7 the methods and means for the protection and interpretation of the study area by the ,national ,park ,service1 other ,federal1 ,state1 local government entities1 affiliated federally recognized ,indian tribes1 or private or nonprofit organizations4 7b7 ,criteria ,the ,secretary shall conduct the study authorized by this ,act in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7c7 ,results of study ,not later than #c years after the date on which funds are made available to carry out this section1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7#a7 the results of the study2 and 7#b7 any findings1 conclusions1 and recommendations of the ,secretary4 ,,vii ,medgar ,evers ,house ,study ,act #gjja4 ,short title ,this title may be cited as the ,medgar ,evers ,house ,study ,act4 #gjjb4 ,special resource study 7a7 ,study ,the ,secretary of the ,interior shall conduct a special resource study of the home of the late civil rights activist ,medgar ,evers1 located at #bccb ,margaret ,walker ,alexander ,drive in ,jackson1 ,mississippi4 7b7 ,contents ,in conducting the study under subsection 7a71 the ,secretary shall-- 7#a7 evaluate the national significance of the site2 7#b7 determine the suitability and feasibility of designating the site as a unit of the ,national ,park ,system2 7#c7 consider other alternatives for preservation1 protection1 and interpretation of the site by ,federal1 ,state1 or local governmental entities1 or private and nonprofit organizations2 7#d7 consult with interested ,federal1 ,state1 or local governmental entities1 private and nonprofit organizations or any other interested individuals2 7#e7 determine the effect of the designation of the site as a unit of the ,national ,park ,system on existing commercial and recreational uses1 and the effect on ,state and local governments to manage those activities2 7#f7 identify any authorities1 including condemnation1 that will compel or permit the ,secretary to influence or participate in local land use decisions 7such as zoning7 or place restrictions on non-,federal land if the site is designated a unit of the ,national ,park ,system2 and 7#g7 identify cost estimates for any ,federal acquisition1 development1 interpretation1 operation1 and maintenance associated with the alternatives4 7c7 ,applicable law ,the study required under subsection 7a7 shall be conducted in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7d7 ,study results ,not later than #c years after the date on which funds are first made available for the study under subsection 7a71 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the results of the study and any conclusions and recommendations of the ,secretary4 ,,viii ,sky ,point mountain designation #hjja4 ,findings ,congress finds the following3 7#a7 ,staff ,sergeant ,sky ,mote1 ,,usmc1 grew up in ,el ,dorado1 ,california4 7#b7 ,staff ,sergeant ,mote graduated from ,union ,mine ,high ,school4 7#c7 ,upon graduation1 ,staff ,sergeant ,mote promptly enlisted in the ,marine ,corps4 7#d7 ,staff ,sergeant ,mote spent #i years serving his country in the ,united ,states ,marine ,corps1 including a deployment to ,iraq and two deployments to ,afghanistan4 7#e7 ,by his decisive actions1 heroic initiative1 and resolute dedication to duty1 ,staff ,sergeant ,mote gave his life to protect fellow ,marines on ,august #aj1 #bjab1 by gallantly rushing into action during an attack by a rogue ,afghan policeman inside the base perimeter in ,helmand province4 7#f7 ,staff ,sergeant ,mote was awarded the ,navy ,cross1 a ,purple ,heart1 the ,navy-,marine ,corps ,commendation ,medal1 a ,navy-,marine ,corps ,achievement ,medal1 two ,combat ,action ,ribbons1 and three ,good ,conduct ,medals4 7#g7 ,the ,congress of the ,united ,states1 in acknowledgment of this debt that cannot be repaid1 honors ,staff ,sergeant ,mote for his ultimate sacrifice and recognizes his service to his country1 faithfully executed to his last1 full measure of devotion4 7#h7 ,a presently unnamed peak in the center of ,humphrey ,basin holds special meaning to the friends and family of ,sky ,mote1 as their annual hunting trips set up camp beneath this point2 under the stars1 the memories made beneath this rounded peak will be cherished forever4 #hjjb4 ,sky ,point 7a7 ,designation ,the mountain in the ,john ,muir ,wilderness of the ,sierra ,national ,forest in ,california1 located at #cgaeaf4ajjia,n #aahdcci4edajb,w1 shall be known and designated as ,sky ,point4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 record1 or other paper of the ,united ,states to the mountain described in subsection 7a7 shall be considered to be a reference to ,sky ,point4 ,,ix ,chief ,standing ,bear trail study #ijja4 ,chief ,standing ,bear national historic trail feasibility study ,section #e7;c7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdd7;c77 is amended by adding at the end the following3 7#df7 ,chief ,standing ,bear national historic trail 7,a7 ,in general ,the ,chief ,standing ,bear ,trail1 extending approximately #eej miles from ,niobrara1 ,nebraska1 to ,ponca ,city1 ,oklahoma1 which follows the route taken by ,chief ,standing ,bear and the ,ponca people during ,federal ,indian removal1 and approximately #eej miles from ,ponca ,city1 ,oklahoma1 through ,omaha1 ,nebraska1 to ,niobrara1 ,nebraska1 which follows the return route taken by ,chief ,standing ,bear and the ,ponca people1 as generally depicted on the map entitled ,chief ,standing ,bear ,national ,historic ,trail ,feasibility ,study1 numbered #ijc_/abe1fcj1 and dated ,november #bjad4 7,b7 ,availability of map ,the map described in subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,department of the ,interior4 7,c7 ,components ,the feasibility study conducted under subparagraph 7,a7 shall include a determination on whether the ,chief ,standing ,bear ,trail meets the criteria described in subsection 7b7 for designation as a national historic trail4 7,d7 ,considerations ,in conducting the feasibility study under subparagraph 7,a71 the ,secretary of the ,interior shall consider input from owners of private land within or adjacent to the study area4 4 ,x ,john ,muir ,national ,historic ,site ,expansion ,act #ajjja4 ,short title ,this title may be cited as the ,john ,muir ,national ,historic ,site ,expansion ,act4 #ajjjb4 ,john ,muir ,national ,historic ,site land acquisition 7a7 ,acquisition ,the ,secretary of the ,interior may acquire by donation the approximately #dd acres of land1 and interests in such land1 that are identified on the map entitled ,john ,muir ,national ,historic ,site ,proposed ,boundary ,expansion1 numbered #dbf_/abgaej1 and dated ,november1 #bjad4 7b7 ,boundary ,upon the acquisition of the land authorized by subsection 7a71 the ,secretary of the ,interior shall adjust the boundaries of the ,john ,muir ,historic ,site in ,martinez1 ,california1 to include the land identified on the map referred to in subsection 7a74 7c7 ,administration ,the land and interests in land acquired under subsection 7a7 shall be administered as part of the ,john ,muir ,national ,historic ,site established by the ,act of ,august #ca1 #aifd 7,public ,law #hh-edg2 #gh ,stat4 #gec2 #af ,u4,s4,c4 #dfa note74 ,,xi ,arapaho ,national ,forest ,boundary ,adjustment ,act #aajja4 ,short title ,this title may be cited as the ,arapaho ,national ,forest ,boundary ,adjustment ,act of #bjae4 #aajjb4 ,arapaho ,national ,forest boundary adjustment 7a7 ,in general ,the boundary of the ,arapaho ,national ,forest in the ,state of ,colorado is adjusted to incorporate the approximately #ib4ie acres of land generally depicted as ,the ,wedge on the map entitled ,arapaho ,national ,forest ,boundary ,adjustment and dated ,november #f1 #bjac1 and described as lots three1 four1 eight1 and nine of section #ac1 ,township #d ,north1 ,range #gf ,west1 ,sixth ,principal ,meridian1 ,colorado4 ,a lot described in this subsection may be included in the boundary adjustment only after the ,secretary of ,agriculture obtains written permission for such action from the lot owner or owners4 7b7 ,bowen ,gulch ,protection ,area ,the ,secretary of ,agriculture shall include all ,federal land within the boundary described in subsection 7a7 in the ,bowen ,gulch ,protection ,area established under section #f of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #eci;j74 7c7 ,land and ,water ,conservation ,fund ,for purposes of section #bjjcjf7;a77#b77;,b77i7 of title #ed1 ,united ,states ,code1 the boundaries of the ,arapaho ,national ,forest1 as modified under subsection 7a71 shall be considered to be the boundaries of the ,arapaho ,national ,forest as in existence on ,january #a1 #aife4 7d7 ,public motorized use ,nothing in this ,act opens privately owned lands within the boundary described in subsection 7a7 to public motorized use4 7e7 ,access to non-,federal lands ,notwithstanding the provisions of section #f7;f7 of the ,colorado ,wilderness ,act of #aiic 7#af ,u4,s4,c4 #eci;j7f77 regarding motorized travel1 the owners of any non-,federal lands within the boundary described in subsection 7a7 who historically have accessed their lands through lands now or hereafter owned by the ,united ,states within the boundary described in subsection 7a7 shall have the continued right of motorized access to their lands across the existing roadway4 ,,xii ,preservation ,research at ,institutions ,serving ,minorities ,act #abjja4 ,short title ,this title may be cited as the ,preservation ,research at ,institutions ,serving ,minorities ,act or the ,,prism ,act4 #abjjb4 ,eligibility of ,hispanic-serving institutions and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions for assistance for preservation education and training programs ,section #cjcijc7c7 of title #ed1 ,united ,states ,code1 is amended by inserting to ,hispanic-serving institutions 7as defined in section #ejb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a777 and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions 7as defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7771 after universities14 ,,xiii ,elkhorn ,ranch and ,white ,river ,national ,forest ,conveyance ,act #acjja4 ,short title ,this title may be cited as the ,elkhorn ,ranch and ,white ,river ,national ,forest ,conveyance ,act of #bjae4 #acjjb4 ,land conveyance1 ,elkhorn ,ranch and ,white ,river ,national ,forest1 ,colorado 7a7 ,land conveyance required ,consistent with the purpose of the ,act of ,march #c1 #aiji 7#dc ,u4,s4,c4 #ggb71 all right1 title1 and interest of the ,united ,states 7subject to subsection 7b77 in and to a parcel of land consisting of approximately #adh acres as generally depicted on the map entitled ,elkhorn ,ranch ,land ,parcel-,white ,river ,national ,forest and dated ,march #bjae shall be conveyed by patent to the ,gordman-,leverich ,partnership1 a ,colorado ,limited ,liability ,partnership 7in this section referred to as ,,glp74 7b7 ,existing rights ,the conveyance under subsection 7a7-- 7#a7 is subject to the valid existing rights of the lessee of ,federal oil and gas lease ,,coc-#gejgj and any other valid existing rights2 and 7#b7 shall reserve to the ,united ,states the right to collect rent and royalty payments on the lease referred to in paragraph 7#a7 for the duration of the lease4 7c7 ,existing boundaries ,the conveyance under subsection 7a7 does not modify the exterior boundary of the ,white ,river ,national ,forest or the boundaries of ,sections #ah and #ai of ,township #g ,south1 ,range #ic ,west1 ,sixth ,principal ,meridian1 ,colorado1 as such boundaries are in effect on the date of the enactment of this ,act4 7d7 ,time for conveyance2 payment of costs ,the conveyance directed under subsection 7a7 shall be completed not later than #ahj days after the date of the enactment of this ,act4 ,the conveyance shall be without consideration1 except that all costs incurred by the ,secretary of the ,interior relating to any survey1 platting1 legal description1 or other activities carried out to prepare and issue the patent shall be paid by ,,glp to the ,secretary prior to the land conveyance4 ,,xiv ,national ,liberty ,memorial ,clarification ,act #adjja4 ,short title ,this title may be cited as the ,national ,liberty ,memorial ,clarification ,act of #bjae4 #adjjb4 ,compliance with certain standards for commemorative works in establishment of ,national ,liberty ,memorial ,section #bhfj7;c7 of the ,military ,construction ,authorization ,act for ,fiscal ,year #bjac 7division ,b of ,public ,law #aab-bci2 #dj ,u4,s4,c4 #hijc note7 is amended by striking the period at the end and inserting the following3 1 except that1 under subsections 7a77#b7 and 7b7 of section #hije1 the ,secretary of ,agriculture1 rather than the ,secretary of the ,interior or the ,administrator of ,general ,services1 shall be responsible for the consideration of site and design proposals and the submission of such proposals on behalf of the sponsor to the ,commission of ,fine ,arts and ,national ,capital ,planning ,commission44 ,,xv ,crags1 ,colorado ,land ,exchange ,act #aejja4 ,short title ,this title may be cited as the ,crags1 ,colorado ,land ,exchange ,act of #bjae4 #aejjb4 ,purposes ,the purposes of this title are-- 7#a7 to authorize1 direct1 expedite1 and facilitate the land exchange set forth herein2 and 7#b7 to promote enhanced public outdoor recreational and natural resource conservation opportunities in the ,pike ,national ,forest near ,pikes ,peak1 ,colorado1 via acquisition of the non-,federal land and trail easement4 #aejjc4 ,definitions ,in this ,act3 7#a7 ,,bhi ,the term ,,bhi means ,broadmoor ,hotel1 ,inc41 a ,colorado corporation4 7#b7 ,federal land ,the term ,federal land means all right1 title1 and interest of the ,united ,states in and to approximately #hc acres of land within the ,pike ,national ,forest1 ,el ,paso ,county1 ,colorado1 together with a non-exclusive perpetual access easement to ,,bhi to and from such land on ,forest ,service ,road #cga1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,federal ,parcel-,emerald ,valley ,ranch1 dated ,march #bjae4 7#c7 ,non-,federal land ,the term non-,federal land means the land and trail easement to be conveyed to the ,secretary by ,,bhi in the exchange and is-- 7,a7 approximately #cbj acres of land within the ,pike ,national ,forest1 ,teller ,county1 ,colorado1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,non-,federal ,parcel-,crags ,property1 dated ,march #bjae2 and 7,b7 a permanent trail easement for the ,barr ,trail in ,el ,paso ,county1 ,colorado1 as generally depicted on the map entitled ,proposed ,crags ,land ,exchange-,barr ,trail ,easement to ,united ,states1 dated ,march #bjae1 and which shall be considered as a voluntary donation to the ,united ,states by ,,bhi for all purposes of law4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 unless otherwise specified4 #aejjd4 ,land exchange 7a7 ,in general ,if ,,bhi offers to convey to the ,secretary all right1 title1 and interest of ,,bhi in and to the non-,federal land1 the ,secretary shall accept the offer and simultaneously convey to ,,bhi the ,federal land4 7b7 ,land title ,title to the non-,federal land conveyed and donated to the ,secretary under this ,act shall be acceptable to the ,secretary and shall conform to the title approval standards of the ,attorney ,general of the ,united ,states applicable to land acquisitions by the ,federal ,government4 7c7 ,perpetual access easement to ,,bhi ,the nonexclusive perpetual access easement to be granted to ,,bhi as shown on the map referred to in section #aejjc7b7 shall allow-- 7#a7 ,,bhi to fully maintain1 at ,,bhi's expense1 and use ,forest ,service ,road #cga from its junction with ,forest ,service ,road #cfh in accordance with historic use and maintenance patterns by ,,bhi2 and 7#b7 full and continued public and administrative access and use of ,,fsr #cga in accordance with the existing ,forest ,service travel management plan1 or as such plan may be revised by the ,secretary4 7d7 ,route and condition of road ,,bhi and the ,secretary may mutually agree to improve1 relocate1 reconstruct1 or otherwise alter the route and condition of all or portions of such road as the ,secretary1 in close consultation with ,,bhi1 may determine advisable4 7e7 ,exchange costs ,,bhi shall pay for all land survey1 appraisal1 and other costs to the ,secretary as may be necessary to process and consummate the exchange directed by this ,act1 including reimbursement to the ,secretary1 if the ,secretary so requests1 for staff time spent in such processing and consummation4 #aejje4 ,equal value exchange and appraisals 7a7 ,appraisals ,the values of the lands to be exchanged under this ,act shall be determined by the ,secretary through appraisals performed in accordance with-- 7#a7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 7#b7 the ,uniform ,standards of ,professional ,appraisal ,practice2 7#c7 appraisal instructions issued by the ,secretary2 and 7#d7 shall be performed by an appraiser mutually agreed to by the ,secretary and ,,bhi4 7b7 ,equal value exchange ,the values of the ,federal and non-,federal land parcels exchanged shall be equal1 or if they are not equal1 shall be equalized as follows3 7#a7 ,surplus of ,federal land value ,if the final appraised value of the ,federal land exceeds the final appraised value of the non-,federal land parcel identified in section #aejjc7c77;,a71 ,,bhi shall make a cash equalization payment to the ,united ,states as necessary to achieve equal value1 including1 if necessary1 an amount in excess of that authorized pursuant to section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of l#igf 7#dc ,u4,s4,c4 #agaf7;b774 7#b7 ,use of funds ,any cash equalization moneys received by the ,secretary under paragraph 7#a7 shall be-- 7,a7 deposited in the fund established under ,public ,law #ij-aga 7commonly known as the ,sisk ,act2 #af ,u4,s4,c4 #dhd;a72 and 7,b7 made available to the ,secretary for the acquisition of land or interests in land in ,region #b of the ,forest ,service4 7#c7 ,surplus of non-,federal land value ,if the final appraised value of the non-,federal land parcel identified in section #aejjc7c77;,a7 exceeds the final appraised value of the ,federal land1 the ,united ,states shall not make a cash equalization payment to ,,bhi1 and surplus value of the non-,federal land shall be considered a donation by ,,bhi to the ,united ,states for all purposes of law4 7c7 ,appraisal exclusions 7#a7 ,special ,use ,permit ,the appraised value of the ,federal land parcel shall not reflect any increase or diminution in value due to the special use permit existing on the date of the enactment of this ,act to ,,bhi on the parcel and improvements thereunder4 7#b7 ,barr ,trail easement ,the ,barr ,trail easement donation identified in section #aejjc7c77;,b7 shall not be appraised for purposes of this ,act4 #aejjf4 ,miscellaneous provisions 7a7 ,withdrawal provisions 7#a7 ,withdrawal ,lands acquired by the ,secretary under this ,act shall1 without further action by the ,secretary1 be permanently withdrawn from all forms of appropriation and disposal under the public land laws 7including the mining and mineral leasing laws7 and the ,geothermal ,steam ,act of #aicj 7#cj ,u4,s4,c4 #ajja et seq474 7#b7 ,withdrawal revocation ,any public land order that withdraws the ,federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the ,federal land parcel to ,,bhi4 7#c7 ,withdrawal of ,federal land ,all ,federal land authorized to be exchanged under this ,act1 if not already withdrawn or segregated from appropriation or disposal under the public lands laws upon enactment of this ,act1 is hereby so withdrawn1 subject to valid existing rights1 until the date of conveyance of the ,federal land to ,,bhi4 7b7 ,postexchange land management ,land acquired by the ,secretary under this ,act shall become part of the ,pike-,san ,isabel ,national ,forest and be managed in accordance with the laws1 rules1 and regulations applicable to the ,national ,forest ,system4 7c7 ,exchange timetable ,it is the intent of ,congress that the land exchange directed by this ,act be consummated no later than #a year after the date of the enactment of this ,act4 7d7 ,maps1 estimates1 and descriptions 7#a7 ,minor errors ,the ,secretary and ,,bhi may by mutual agreement make minor boundary adjustments to the ,federal and non-,federal lands involved in the exchange1 and may correct any minor errors in any map1 acreage estimate1 or description of any land to be exchanged4 7#b7 ,conflict ,if there is a conflict between a map1 an acreage estimate1 or a description of land under this ,act1 the map shall control unless the ,secretary and ,,bhi mutually agree otherwise4 7#c7 ,availability ,upon enactment of this ,act1 the ,secretary shall file and make available for public inspection in the headquarters of the ,pike-,san ,isabel ,national ,forest a copy of all maps referred to in this ,act4 ,,xvi ,remove reversionary interest in ,rockingham ,county land #afjja4 ,removal of use restriction ,public ,law #aja-dgi 7#ajd ,stat4 #aaeh7 is amended-- 7#a7 by striking section #b7;d72 and 7#b7 by adding at the end the following3 #d4 ,removal of use restriction 7a7 ,the approximately #a-;acre portion of the land referred to in section #c that is used for purposes of a child care center1 as authorized by this ,act1 shall not be subject to the use restriction imposed in the deed referred to in section #c4 7b7 ,upon enactment of this section1 the ,secretary of the ,interior shall execute an instrument to carry out subsection 7a74 4 ,,xvii ,coltsville ,national ,historical ,park #agjja4 ,amendment to ,coltsville ,national ,historical ,park donation site ,section #cjcb7;b7 of ,public ,law #aac-bia 7#af ,u4,s4,c4 #dajqqq7 is amended-- 7#a7 in paragraph 7#b77;,b71 by striking ,east ,armory and inserting ,colt ,armory ,complex2 and 7#b7 by adding at the end the following3 7#d7 ,additional administrative conditions ,no non-,federal property may be included in the park without the written consent of the owner4 ,the establishment of the park or the management of the park shall not be construed to create buffer zones outside of the park4 ,that activities or uses can be seen1 heard or detected from areas within the park shall not preclude1 limit1 control1 regulate1 or determine the conduct or management of activities or uses outside of the park4 4 ,,xviii ,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,act #ahjja4 ,short title ,this title may be cited as the ,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,act of #bjaf4 #ahjjb4 ,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,the ,act entitled ,an ,act to establish the ,martin ,luther ,king1 ,junior1 ,national ,historic ,site in the ,state of ,georgia1 and for other purposes 7,public ,law #if-dbh7 is amended-- 7#a7 in subsection 7a7 of the first section1 by striking the map entitled ,martin ,luther ,king1 ,junior1 ,national ,historic ,site ,boundary ,map1 number #dhi_/hj1jac;,b1 and dated ,september #aiib and inserting the map entitled ,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,proposed ,boundary ,revision1 numbered #dhi_/abh1ghf and dated ,june #bjae2 7#b7 by striking ,martin ,luther ,king1 ,junior1 ,national ,historic ,site each place it appears and inserting ,martin ,luther ,king1 ,jr4 ,national ,historical ,park2 7#c7 by striking national historic site each place it appears and inserting national historical park2 7#d7 by striking historic site each place it appears and inserting historical park2 and 7#e7 by striking historic sites in section #b7;a7 and inserting historical parks4 #ahjjc4 ,references ,any reference in a law 7other than this ,act71 map1 regulation1 document1 paper1 or other record of the ,united ,states to ,martin ,luther ,king1 ,junior1 ,national ,historic ,site shall be deemed to be a reference to ,martin ,luther ,king1 ,jr4 ,national ,historical ,park4 ,,xix ,extension of the authorization for the ,gullah_/,geechee ,cultural ,heritage ,corridor ,commission #aijja4 ,extension of the authorization for the ,gullah_/,geechee ,cultural ,heritage ,corridor ,commission ,section #bie;,d7d7 of the ,gullah_/,geechee ,cultural ,heritage ,act 7,public ,law #aji-cch2 #abj ,stat4 #ahcc2 #af ,u4,s4,c4 #dfa note7 is amended by striking #aj years and inserting #ae years4 ,,xx #i_/aa ,memorial ,act #bjjja4 ,short title ,this title may be cited as the #i_/aa ,memorial ,act4 #bjjjb4 ,definitions ,for purposes of this ,act3 7#a7 ,eligible entity ,the term eligible entity means a nonprofit organization as defined in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 in existence on the date of enactment of this ,act4 7#b7 ,map ,the term map means the map titled ,national ,september #aa ,memorial ,proposed ,boundary1 numbered #ijc_/abhibh1 and dated ,june #bjae4 7#c7 ,national ,september #aa ,memorial ,the term ,national ,september #aa ,memorial means the area approximately bounded by ,fulton1 ,greenwich1 ,liberty and ,west ,streets as generally depicted on the map4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #bjjjc4 ,designation of memorial 7a7 ,designation ,the ,national ,september #aa ,memorial is hereby designated as a national memorial4 7b7 ,map ,the map shall be available for public inspection and kept on file at the appropriate office of the ,secretary4 7c7 ,effect of designation ,the national memorial designated under this section shall not be a unit of the ,national ,park ,system and the designation of the national memorial shall not be construed to require or authorize ,federal funds to be expended for any purpose related to the national memorial except as provided under section #bjjjd4 #bjjjd4 ,competitive grants for certain memorials 7a7 ,competitive grants ,subject to the availability of appropriations1 the ,secretary may award a single grant per year through a competitive process to an eligible entity for the operation and maintenance of any memorial located within the ,united ,states established to commemorate the events of and honor-- 7#a7 the victims of the terrorist attacks on the ,world ,trade ,center1 the ,pentagon1 and ,united ,airlines ,flight #ic on ,september #aa1 #bjja2 and 7#b7 the victims of the terrorist attack on the ,world ,trade ,center on ,february #bf1 #aiic4 7b7 ,availability ,funds made available under this section shall remain available until expended4 7c7 ,criteria ,in awarding grants under this section1 the ,secretary shall give greatest weight in the selection of eligible entities using the following criteria3 7#a7 ,experience in managing a public memorial that will benefit the largest number of visitors each calendar year4 7#b7 ,experience in managing a memorial of significant size 7#d acres or more74 7#c7 ,successful coordination and cooperation with ,federal1 ,state1 and local governments in operating and managing the memorial4 7#d7 ,ability and commitment to use grant funds to enhance security at the memorial4 7#e7 ,ability to use grant funds to increase the numbers of economically disadvantaged visitors to the memorial and surrounding areas4 7d7 ,summaries ,not later than #cj days after the end of each fiscal year in which an eligible entity obligates or expends any part of a grant under this section1 the eligible entity shall prepare and submit to the ,secretary and ,congress a summary that-- 7#a7 specifies the amount of grant funds obligated or expended in the preceding fiscal year2 7#b7 specifies the purpose for which the funds were obligated or expended2 and 7#c7 includes any other information the ,secretary may require to more effectively administer the grant program4 7e7 ,sunset ,the authority to award grants under this section shall expire on the date that is #g years after the date of the enactment of this ,act4 ,,xxi ,kennesaw ,mountain ,national ,battlefield ,park ,boundary ,adjustment ,act #bajja4 ,short title ,this title may be cited as the ,kennesaw ,mountain ,national ,battlefield ,park ,boundary ,adjustment ,act of #bjae4 #bajjb4 ,findings ,the ,congress finds the following3 7#a7 ,kennesaw ,mountain ,national ,battlefield ,park was authorized as a unit of the ,national ,park ,system on ,june #bf1 #aice4 ,prior to #aice1 parts of the park had been acquired and protected by ,civil ,war veterans and the ,war ,department4 7#b7 ,kennesaw ,mountain ,national ,battlefield ,park protects ,kennesaw ,mountain and ,kolb's ,farm1 which are battle sites along the route of ,general ,sherman's #ahfd campaign to take ,atlanta4 7#c7 ,most of the park protects ,confederate positions and strategy4 ,the ,wallis ,house is one of the few original structures remaining from the ,battle of ,kennesaw ,mountain associated with ,union positions and strategy4 7#d7 ,the ,wallis ,house is strategically located next to a ,union signal station at ,harriston ,hill4 #bajjc4 ,boundary adjustment2 land acquisition2 administration 7a7 ,boundary adjustment ,the boundary of the ,kennesaw ,mountain ,national ,battlefield ,park is modified to include the approximately #h acres identified as ,wallis ,house and ,harriston ,hill1 and generally depicted on the map titled ,kennesaw ,mountain ,national ,battlefield ,park1 ,proposed ,boundary ,adjustment1 numbered #cbe_/hj1jbj1 and dated ,february #bjaj4 7b7 ,map ,the map referred to in subsection 7a7 shall be on file and available for inspection in the appropriate offices of the ,national ,park ,service4 7c7 ,land acquisition ,the ,secretary of the ,interior is authorized to acquire1 from willing owners only1 land or interests in land described in subsection 7a7 by donation or exchange4 7d7 ,administration of acquired lands ,the ,secretary of the ,interior shall administer land and interests in land acquired under this section as part of the ,kennesaw ,mountain ,national ,battlefield ,park in accordance with applicable laws and regulations4 7e7 ,written consent of owner ,no non-,federal property may be included in the ,kennesaw ,mountain ,national ,battlefield ,park without the written consent of the owner4 ,this provision shall apply only to those portions of the ,park added under subsection 7a74 7f7 ,no use of condemnation ,the ,secretary of the ,interior may not acquire by condemnation any land or interests in land under this ,act or for the purposes of this ,act4 7g7 ,no buffer zone created ,nothing in this ,act1 the establishment of the ,kennesaw ,mountain ,national ,battlefield ,park1 or the management plan for the ,kennesaw ,mountain ,national ,battlefield ,park shall be construed to create buffer zones outside of the ,park4 ,that activities or uses can be seen1 heard1 or detected from areas within the ,kennesaw ,mountain ,national ,battlefield ,park shall not preclude1 limit1 control1 regulate or determine the conduct or management of activities or uses outside the ,park4 ,,xxii ,vehicle access at ,delaware ,water ,gap ,national ,recreation ,area #bbjja4 ,vehicular access and fees ,section #d of the ,delaware ,water ,gap ,national ,recreation ,area ,improvement ,act 7,public ,law #aji-aef7 is amended to read as follows3 #d4 ,use of ,certain ,roads ,within the ,recreation ,area 7a7 ,in general ,except as otherwise provided in this section1 ,highway #bji1 a federally owned road within the boundaries of the ,recreation ,area1 shall be closed to all commercial vehicles4 7b7 ,exception for ,local ,business ,use ,until ,september #cj1 #bjbj1 subsection 7a7 shall not apply with respect to the use of commercial vehicles that have four or fewer axles and are-- 7#a7 owned and operated by a business physically located in-- 7,a7 the ,recreation ,area2 or 7,b7 one or more adjacent municipalities2 or 7#b7 necessary to provide services to businesses or persons located in-- 7,a7 the ,recreation ,area2 or 7,b7 one of more adjacent municipalities4 7c7 ,fee ,the ,secretary shall establish a fee and permit program for the use by commercial vehicles of ,highway #bji under subsection 7b74 ,the program shall include an annual fee not to exceed #bjj per vehicle4 ,all fees received under the program shall be set aside in a special account and be available1 without further appropriation1 to the ,secretary for the administration and enforcement of the program1 including registering vehicles1 issuing permits and vehicle identification stickers1 and personnel costs4 7d7 ,exceptions ,the following vehicles may use ,highway #bji and shall not be subject to a fee or permit requirement under subsection 7c73 7#a7 ,local school buses4 7#b7 ,fire1 ambulance1 and other safety and emergency vehicles4 7#c7 ,commercial vehicles using ,federal ,road ,route #bji1 from-- 7,a7 ,milford to the ,delaware ,river ,bridge leading to ,u4,s4 ,route #bjf in ,new ,jersey2 and 7,b7 mile #j of ,federal ,road ,route #bji to ,pennsylvania ,state ,route #bjja4 4 #bbjjb4 ,definitions ,section #b of the ,delaware ,water ,gap ,national ,recreation ,area ,improvement ,act 7,public ,law #aji-aef7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated by paragraph 7#a7 of this section7 the following3 7#a7 ,adjacent ,municipalities ,the term adjacent municipalities means ,delaware ,township1 ,dingman ,township1 ,lehman ,township1 ,matamoras ,borough1 ,middle ,smithfield ,township1 ,milford ,borough1 ,milford ,township1 ,smithfield ,township and ,westfall ,township1 in ,pennsylvania4 4 #bbjjc4 ,conforming amendment ,section #gjb of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,public ,law #ajd-ccc7 is repealed4 ,,xxiii ,gulf ,islands ,national ,seashore ,land ,exchange ,act #bcjja4 ,short title ,this title may be cited as the ,gulf ,islands ,national ,seashore ,land ,exchange ,act of #bjaf4 #bcjjb4 ,land exchange1 ,gulf ,islands ,national ,seashore1 ,jackson ,county1 ,mississippi 7a7 ,land exchange authorized ,the ,secretary of the ,interior1 acting through the ,director of the ,national ,park ,service 7in this section referred to as the ,secretary7 may convey to the ,veterans of ,foreign ,wars ,post #efii 7in this section referred to as the ,post7 all right1 title1 and interest of the ,united ,states in and to a parcel of real property1 consisting of approximately #a4edb acres and located within the ,gulf ,islands ,national ,seashore in ,jackson ,county1 ,mississippi1 section #cd1 township #g north1 range #h east4 7b7 ,land ,to be acquired ,in exchange for the property described in subsection 7a71 the ,post shall convey to the ,secretary all right1 title1 and interest of the ,post in and to a parcel of real property1 consisting of approximately #b4afa acres and located in ,jackson ,county1 ,mississippi1 section #cd1 township #g north1 range #h east4 7c7 ,equal value exchange ,the values of the parcels of real property to be exchanged under this section are deemed to be equal4 7d7 ,payment of costs of conveyance 7#a7 ,payment required ,the ,secretary shall require the ,post to cover costs to be incurred by the ,secretary1 or to reimburse the ,secretary for such costs incurred by the ,secretary1 to carry out the land exchange under this section1 including survey costs1 costs related to environmental documentation1 and any other administrative costs related to the land exchange4 ,if amounts are collected from the ,secretary in advance of the ,secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the ,secretary to carry out the land exchange1 the ,secretary shall refund the excess amount to the ,post4 7#b7 ,treatment of amounts received ,amounts received as reimbursement under paragraph 7#a7 shall be credited to the fund or account that was used to cover those costs incurred by the ,secretary in carrying out the land exchange4 ,amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes1 and subject to the same conditions and limitations1 as amounts in such fund or account4 7e7 ,description of property ,the exact acreage and legal description of property to be exchanged under this section shall be determined by surveys satisfactory to the ,secretary and the ,post4 7f7 ,conveyance agreement ,the exchange of real property under this section shall be accomplished using a quit claim deed or other legal instrument and upon terms and conditions mutually satisfactory to the ,secretary and the ,post1 including such additional terms and conditions as the ,secretary considers appropriate to protect the interests of the ,united ,states4 7g7 ,treatment of acquired land ,land and interests in land acquired by the ,united ,states under subsection 7b7 shall be administered by the ,secretary as part of the ,gulf ,islands ,national ,seashore4 7h7 ,modification of boundary ,upon completion of the land exchange under this section1 the ,secretary shall modify the boundary of the ,gulf ,islands ,national ,seashore to reflect such land exchange4 ,,xxiv ,korean ,war ,veterans ,memorial ,wall of ,remembrance ,act #bdjja4 ,short title ,this title may be cited as the ,korean ,war ,veterans ,memorial ,wall of ,remembrance ,act of #bjaf4 #bdjjb4 ,wall of ,remembrance ,section #a of the ,act titled ,an ,act to authorize the erection of a memorial on ,federal ,land in the ,district of ,columbia and its environs to honor members of the ,armed ,forces of the ,united ,states who served in the ,korean ,war1 approved ,october #be1 #aihf 7,public ,law #ii-egb71 is amended by adding at the end the following3 ,such memorial shall include a ,wall of ,remembrance1 which shall be constructed without the use of ,federal funds4 ,the ,american ,battle ,monuments ,commission shall request and consider design recommendations from the ,korean ,war ,veterans ,memorial ,foundation1 ,inc4 for the establishment of the ,wall of ,remembrance4 ,the ,wall of ,remembrance shall include-- 7#a7 a list by name of members of the ,armed ,forces of the ,united ,states who died in theatre in the ,korean ,war2 7#b7 the number of members of the ,armed ,forces of the ,united ,states who1 in regards to the ,korean ,war-- 7,a7 were wounded in action2 7,b7 are listed as missing in action2 or 7,c7 were prisoners of war2 and 7#c7 the number of members of the ,korean ,augmentation to the ,united ,states ,army1 the ,republic of ,korea ,armed ,forces1 and the other nations of the ,united ,nations ,command who1 in regards to the ,korean ,war-- 7,a7 were killed in action2 7,b7 were wounded in action2 7,c7 are listed as missing in action2 or 7,d7 were prisoners of war4 4 ,,xxv ,national ,forest ,small ,tracts ,act ,amendments ,act #bejja4 ,short title ,this title may be cited as the ,national ,forest ,small ,tracts ,act ,amendments ,act of #bjae4 #bejjb4 ,additional authority for sale or exchange of small parcels of ,national ,forest ,system land 7a7 ,increase in maximum value of small parcels ,section #c of ,public ,law #ig-dfe 7commonly known as the ,small ,tracts ,act2 #af ,u4,s4,c4 #eba;e7 is amended in the matter preceding paragraph 7#a7 by striking #aej1jjj and inserting #ejj1jjj4 7b7 ,additional conveyance purposes ,section #c of ,public ,law #ig-dfe 7#af ,u4,s4,c4 #eba;e7 is further amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking which are-- and inserting which involve any one of the following32 7#b7 in paragraph 7#a7-- 7,a7 by striking parcels and inserting ,parcels2 and 7,b7 by striking the semicolon at the end and inserting a period2 7#c7 in paragraph 7#b7-- 7,a7 by striking parcels the first place it appears and inserting ,parcels2 and 7,b7 by striking 2 or at the end and inserting a period2 7#d7 in paragraph 7#c71 by striking road and inserting ,road2 and 7#e7 by adding at the end the following new paragraphs3 7#d7 ,parcels of #dj acres or less which are determined by the ,secretary to be physically isolated1 to be inaccessible1 or to have lost their ,national ,forest character4 7#e7 ,parcels of #aj acres or less which are not eligible for conveyance under paragraph 7#b71 but which are encroached upon by permanent habitable improvements for which there is no evidence that the encroachment was intentional or negligent4 7#f7 ,parcels used as a cemetery1 a landfill1 or a sewage treatment plant under a special use authorization issued by the ,secretary4 ,in the case of a cemetery expected to reach capacity within #aj years1 the sale1 exchange1 or interchange may include1 in the sole discretion of the ,secretary1 up to #a additional acre abutting the permit area to facilitate expansion of the cemetery4 4 7c7 ,disposition of proceeds ,section #b of ,public ,law #ig-dfe 7#af ,u4,s4,c4 #eba;d7 is amended-- 7#a7 by striking ,the ,secretary is authorized and inserting the following3 7a7 ,conveyance authority2 consideration ,the ,secretary is authorized 2 7#b7 by striking ,the ,secretary shall insert and inserting the following3 7b7 ,inclusion of terms1 covenants1 conditions1 and reservations ,the ,secretary shall insert 2 7#c7 by striking convenants and inserting covenants2 and 7#d7 by adding at the end the following new subsection3 7c7 ,disposition of proceeds 7#a7 ,deposit in sisk fund ,the net proceeds derived from any sale or exchange conducted under the authority of paragraph 7#d71 7#e71 or 7#f7 of section #c shall be deposited in the fund established by ,public ,law #ij-aga 7commonly known as the ,sisk ,act2 #af ,u4,s4,c4 #dhd;a74 7#b7 ,use ,amounts deposited under paragraph 7#a7 shall be available to the ,secretary until expended for-- 7,a7 the acquisition of land or interests in land for administrative sites for the ,national ,forest ,system in the ,state from which the amounts were derived2 7,b7 the acquisition of land or interests in land for inclusion in the ,national ,forest ,system in that ,state1 including land or interests in land which enhance opportunities for recreational access2 7,c7 the performance of deferred maintenance on administrative sites for the ,national ,forest ,system in that ,state or other deferred maintenance activities in that ,state which enhance opportunities for recreational access2 or 7,d7 the reimbursement of the ,secretary for costs incurred in preparing a sale conducted under the authority of section #c if the sale is a competitive sale4 4 ,,xxvi ,western ,oregon ,tribal ,fairness ,act #bfjja4 ,short title ,this title may be cited as the ,western ,oregon ,tribal ,fairness ,act4 ,a ,cow ,creek ,umpqua ,land ,conveyance #bfjaa4 ,short title ,this subtitle may be cited as the ,cow ,creek ,umpqua ,land ,conveyance ,act4 #bfjab4 ,definitions ,in this subtitle3 7#a7 ,council creek land ,the term ,council ,creek land means the approximately #ag1eai acres of land1 as generally depicted on the map entitled ,canyon ,mountain ,land ,conveyance and dated ,june #bg1 #bjac4 7#b7 ,tribe ,the term ,tribe means the ,cow ,creek ,band of ,umpqua ,tribe of ,indians4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #bfjac4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,council ,creek land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,tribe2 and 7#b7 part of the reservation of the ,tribe4 7b7 ,survey ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #bfjad4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,council ,creek land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this subtitle1 except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary4 #bfjae4 ,administration 7a7 ,in general ,unless expressly provided in this subtitle1 nothing in this subtitle affects any right or claim of the ,tribe existing on the date of enactment of this ,act to any land or interest in land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,council ,creek land4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #bfjac shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7c7 ,forest management ,any forest management activity that is carried out on the ,council ,creek land shall be managed in accordance with all applicable ,federal laws4 #bfjaf4 ,land reclassification 7a7 ,identification of ,oregon and ,california railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is held in trust by the ,united ,states for the benefit of the ,tribe under section #bfjac4 7b7 ,identification of public domain land ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall identify public domain land in the ,state of ,oregon that-- 7#a7 is approximately equal in acreage and condition as the ,oregon and ,california ,railroad grant land identified under subsection 7a72 and 7#b7 is located in the vicinity of the ,oregon and ,california ,railroad grant land4 7c7 ,maps ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register one or more maps depicting the land identified in subsections 7a7 and 7b74 7d7 ,reclassification 7#a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under paragraph 7#a74 ,b ,coquille ,forest ,fairness #bfjba4 ,short title ,this subtitle may be cited as the ,coquille ,forest ,fairness ,act4 #bfjbb4 ,amendments to ,coquille ,restoration ,act ,section #e7;d7 of the ,coquille ,restoration ,act 7#be ,u4,s4,c4 #gae;c7d77 is amended-- 7#a7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,management 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall manage the ,coquille ,forest in accordance with the laws pertaining to the management of ,indian trust land4 7,b7 ,administration 7i7 ,unprocessed logs ,unprocessed logs harvested from the ,coquille ,forest shall be subject to the same ,federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from ,federal land4 7ii7 ,sales of timber ,notwithstanding any other provision of law1 all sales of timber from land subject to this subsection shall be advertised1 offered1 and awarded according to competitive bidding practices1 with sales being awarded to the highest responsible bidder4 2 7#b7 by striking paragraph 7#i72 and 7#c7 by redesignating paragraphs 7#aj7 through 7#ab7 as paragraphs 7#i7 through 7#aa71 respectively4 ,c ,oregon ,coastal ,lands #bfjca4 ,short title ,this subtitle may be cited as the ,oregon ,coastal ,lands ,act4 #bfjcb4 ,definitions ,in this subtitle3 7#a7 ,confederated tribes ,the term ,confederated ,tribes means the ,confederated ,tribes of ,coos1 ,lower ,umpqua1 and ,siuslaw ,indians4 7#b7 ,oregon coastal land ,the term ,oregon ,coastal land means the approximately #ad1djh acres of land1 as generally depicted on the map entitled ,oregon ,coastal ,land ,conveyance and dated ,march #bg1 #bjac4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #bfjcc4 ,conveyance 7a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,oregon ,coastal land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7#a7 held in trust by the ,united ,states for the benefit of the ,confederated ,tribes2 and 7#b7 part of the reservation of the ,confederated ,tribes4 7b7 ,survey ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection 7a74 #bfjcd4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,oregon ,coastal land with-- 7#a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7#b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,force and effect ,the map and legal description filed under subsection 7a7 shall have the same force and effect as if included in this subtitle1 except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7c7 ,public availability ,the map and legal description filed under subsection 7a7 shall be on file and available for public inspection in the ,office of the ,secretary4 #bfjce4 ,administration 7a7 ,in general ,unless expressly provided in this subtitle1 nothing in this subtitle affects any right or claim of the ,confederated ,tribes existing on the date of enactment of this ,act to any land or interest in land4 7b7 ,prohibitions 7#a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,oregon ,coastal land taken into trust under section #bfjcc4 7#b7 ,non-permissible use of land ,any real property taken into trust under section #bfjcc shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7c7 ,laws applicable to commercial forestry activity ,any commercial forestry activity that is carried out on the ,oregon ,coastal land taken into trust under section #bfjcc shall be managed in accordance with all applicable ,federal laws4 7d7 ,agreements ,the ,confederated ,tribes shall consult with the ,secretary and other parties as necessary to develop agreements to provide for access to the ,oregon ,coastal land taken into trust under section #bfjcc that provide for-- 7#a7 honoring existing reciprocal right-of-way agreements2 7#b7 administrative access by the ,bureau of ,land ,management2 and 7#c7 management of the ,oregon ,coastal lands that are acquired or developed under chapter #bjjc of title #ed1 ,united ,states ,code 7commonly known as the ,land and ,water ,conservation ,fund ,act of #aife71 consistent with section #bjjcje7;f77#c7 of that title4 7e7 ,land use planning requirements ,except as provided in subsection 7c71 once the ,oregon ,coastal land is taken into trust under section #bfjcc1 the land shall not be subject to the land use planning requirements of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq474 #bfjcf4 ,land reclassification 7a7 ,identification of ,oregon and ,california railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is held in trust by the ,united ,states for the benefit of the ,confederated ,tribes under section #bfjcc4 7b7 ,identification of public domain land ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall identify public domain land in the ,state of ,oregon that-- 7#a7 is approximately equal in acreage and condition as the ,oregon and ,california ,railroad grant land identified under subsection 7a72 and 7#b7 is located in the vicinity of the ,oregon and ,california ,railroad grant land4 7c7 ,maps ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register one or more maps depicting the land identified in subsections 7a7 and 7b74 7d7 ,reclassification 7#a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in subsection 7b7 as ,oregon and ,california ,railroad grant land4 7#b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under paragraph 7#a74 ,d ,science ,v ,department of ,energy ,science #eja4 ,mission ,section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci7 is amended by adding at the end the following3 7c7 ,mission ,the mission of the ,office of ,science shall be the delivery of scientific discoveries1 capabilities1 and major scientific tools to transform the understanding of nature and to advance the energy1 economic1 and national security of the ,united ,states4 ,in support of this mission1 the ,director shall carry out programs on basic energy sciences1 advanced scientific computing research1 high energy physics1 biological and environmental research1 fusion energy sciences1 and nuclear physics1 including as provided under subtitle ,a of title ,v of the ,america ,,competes ,reauthorization ,act of #bjae1 through activities focused on-- 7#a7 fundamental scientific discoveries through the study of matter and energy2 7#b7 science in the national interest1 including-- 7,a7 advancing an agenda for ,american energy security through research on energy production1 storage1 transmission1 efficiency1 and use2 and 7,b7 advancing our understanding of the ,earth's climate through research in atmospheric and environmental sciences2 and 7#c7 ,national ,scientific ,user ,facilities to deliver the #bast century tools of science1 engineering1 and technology and provide the ,nation's researchers with the most advanced tools of modern science including accelerators1 colliders1 supercomputers1 light sources and neutron sources1 and facilities for studying materials science4 7d7 ,coordination with other ,department of ,energy programs ,the ,under ,secretary for ,science and ,energy shall ensure the coordination of ,office of ,science activities and programs with other activities of the ,department4 4 #ejb4 ,basic energy sciences 7a7 ,program ,the ,director shall carry out a program in basic energy sciences1 including materials sciences and engineering1 chemical sciences1 physical biosciences1 and geosciences1 for the purpose of providing the scientific foundations for new energy technologies4 7b7 ,mission ,the mission of the program described in subsection 7a7 shall be to support fundamental research to understand1 predict1 and ultimately control matter and energy at the electronic1 atomic1 and molecular levels in order to provide the foundations for new energy technologies and to support ,department missions in energy1 environment1 and national security4 7c7 ,basic energy sciences user facilities ,the ,director shall carry out a subprogram for the development1 construction1 operation1 and maintenance of national user facilities to support the program under this section4 ,as practicable1 these facilities shall serve the needs of the ,department1 industry1 the academic community1 and other relevant entities to create and examine new materials and chemical processes for the purposes of advancing new energy technologies and improving the competitiveness of the ,united ,states4 ,these facilities shall include-- 7#a7 x-ray light sources2 7#b7 neutron sources2 7#c7 nanoscale science research centers2 and 7#d7 other facilities the ,director considers appropriate1 consistent with section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci74 7d7 ,light source leadership initiative 7#a7 ,establishment ,in support of the subprogram authorized in subsection 7c71 the ,director shall establish an initiative to sustain and advance global leadership of light source user facilities4 7#b7 ,leadership strategy ,not later than #i months after the date of enactment of this ,act1 and biennially thereafter1 the ,director shall prepare1 in consultation with relevant stakeholders1 and submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a light source leadership strategy that-- 7,a7 identifies1 prioritizes1 and describes plans for the development1 construction1 and operation of light sources over the next decade2 7,b7 describes plans for optimizing management and use of existing light source facilities2 and 7,c7 assesses the international outlook for light source user facilities and describes plans for ,united ,states cooperation in such projects4 7#c7 ,advisory committee feedback and recommendations ,not later than #de days after submission of the strategy described in paragraph 7#b71 the ,basic ,energy ,sciences ,advisory ,committee shall provide the ,director1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and the ,committee on ,energy and ,natural ,resources of the ,senate a report of the ,advisory ,committee's analyses1 findings1 and recommendations for improving the strategy1 including a review of the most recent budget request for the initiative4 7#d7 ,proposed budget ,the ,director shall transmit annually to ,congress a proposed budget corresponding to the activities identified in the strategy4 7e7 ,accelerator research and development ,the ,director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the development of ,basic ,energy ,sciences user facilities1 in consultation with the ,office of ,science's ,high ,energy ,physics and ,nuclear ,physics programs4 7f7 ,energy frontier research centers 7#a7 ,in general ,the ,director shall carry out a program to provide awards1 on a competitive1 merit-reviewed basis1 to multi-institutional collaborations or other appropriate entities to conduct fundamental and use-inspired energy research to accelerate scientific breakthroughs4 7#b7 ,collaborations ,a collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities4 7#c7 ,selection and duration 7,a7 ,in general ,a collaboration under this subsection shall be selected for a period of #e years4 ,an ,energy ,frontier ,research ,center already in existence and supported by the ,director on the date of enactment of this ,act may continue to receive support for a period of #e years beginning on the date of establishment of that center4 7,b7 ,reapplication ,after the end of the period described in subparagraph 7,a71 an awardee may reapply for selection for a second period of #e years on a competitive1 merit-reviewed basis4 7,c7 ,termination ,consistent with the existing authorities of the ,department1 the ,director may terminate an underperforming center for cause during the performance period4 7#d7 ,no funding for construction ,no funding provided pursuant to this subsection may be used for the construction of new buildings or facilities4 #ejc4 ,advanced scientific computing research 7a7 ,program ,the ,director shall carry out a research1 development1 and demonstration program to advance computational and networking capabilities to analyze1 model1 simulate1 and predict complex phenomena relevant to the development of new energy technologies and the competitiveness of the ,united ,states4 7b7 ,facilities ,the ,director1 as part of the program described in subsection 7a71 shall develop and maintain world-class computing and network facilities for science and deliver critical research in applied mathematics1 computer science1 and advanced networking to support the ,department's missions4 7c7 ,definitions ,section #b of the ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd 7#ae ,u4,s4,c4 #eeda7 is amended by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 ,co-design ,the term co-design means the joint development of application algorithms1 models1 and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems4 7#b7 ,department ,the term ,department means the ,department of ,energy4 7#c7 ,exascale ,the term exascale means computing system performance at or near #aj to the #ahth power floating point operations per second4 7#d7 ,high-end computing system ,the term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications4 7#e7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#f7 ,leadership system ,the term leadership system means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems4 7#g7 ,national laboratory ,the term ,national ,laboratory means any one of the seventeen laboratories owned by the ,department4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#i7 ,software technology ,the term software technology includes optimal algorithms1 programming environments1 tools1 languages1 and operating systems for high-end computing systems4 4 7d7 ,department of ,energy high-,end computing research and development program ,section #c of the ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd 7#ae ,u4,s4,c4 #eedb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking program and inserting coordinated program across the ,department2 7,b7 by striking and at the end of paragraph 7#a72 7,c7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7,d7 by adding at the end the following new paragraph3 7#c7 partner with universities1 ,national ,laboratories1 and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science1 engineering1 medicine1 and industry4 2 7#b7 in subsection 7b77#b71 by striking vector and all that follows through architectures and inserting computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors1 concurrency1 memory and storage1 bandwidth1 and reliability2 and 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,exascale computing program 7#a7 ,in general ,the ,secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the ,department4 7#b7 ,execution ,the ,secretary shall1 through competitive merit review1 establish two or more ,national ,laboratory-industry-university partnerships to conduct integrated research1 development1 and engineering of multiple exascale architectures1 and-- 7,a7 conduct mission-related co-design activities in developing such exascale platforms2 7,b7 develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing ,department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management2 and 7,c7 explore the use of exascale computing technologies to advance a broad range of science and engineering4 7#c7 ,administration ,in carrying out this program1 the ,secretary shall-- 7,a7 provide1 on a competitive1 merit-reviewed basis1 access for researchers in ,united ,states industry1 institutions of higher education1 ,national ,laboratories1 and other ,federal agencies to these exascale systems1 as appropriate2 and 7,b7 conduct outreach programs to increase the readiness for the use of such platforms by domestic industries1 including manufacturers4 7#d7 ,reports 7,a7 ,integrated strategy and program management plan ,the ,secretary shall submit to ,congress1 not later than #ij days after the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae1 a report outlining an integrated strategy and program management plan1 including target dates for prototypical and production exascale platforms1 interim milestones to reaching these targets1 functional requirements1 roles and responsibilities of ,national ,laboratories and industry1 acquisition strategy1 and estimated resources required1 to achieve this exascale system capability4 ,the report shall include the ,secretary's plan for ,departmental organization to manage and execute the ,exascale ,computing ,program1 including definition of the roles and responsibilities within the ,department to ensure an integrated program across the ,department4 ,the report shall also include a plan for ensuring balance and prioritizing across ,,ascr subprograms in a flat or slow-growth budget environment4 7,b7 ,status reports ,at the time of the budget submission of the ,department for each fiscal year1 the ,secretary shall submit a report to ,congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program4 7,c7 ,exascale merit report ,at least #ah months prior to the initiation of construction or installation of any exascale-class computing facility1 the ,secretary shall transmit a plan to the ,congress detailing-- 7i7 the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies2 7ii7 technical risks and challenges that must be overcome to achieve successful completion and operation of the facility2 and 7iii7 an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities1 including an evaluation of where investments should be made in the system software and algorithms to enable these advances4 4 #ejd4 ,high energy physics 7a7 ,program ,the ,director shall carry out a research program on the fundamental constituents of matter and energy and the nature of space and time4 7b7 ,sense of congress ,it is the sense of the ,congress that-- 7#a7 the ,director should incorporate the findings and recommendations of the ,particle ,physics ,project ,prioritization ,panel's report entitled ,building for ,discovery3 ,strategic ,plan for ,u4,s4 ,particle ,physics in the ,global ,context1 into the ,department's planning process as part of the program described in subsection 7a72 7#b7 the ,director should prioritize domestically hosted research projects that will maintain the ,united ,states position as a global leader in particle physics and attract the world's most talented physicists and foreign investment for international collaboration2 and 7#c7 the nations that lead in particle physics by hosting international teams dedicated to a common scientific goal attract the world's best talent and inspire future generations of physicists and technologists4 7c7 ,neutrino research ,as part of the program described in subsection 7a71 the ,director shall carry out research activities on rare decay processes and the nature of the neutrino1 which may include collaborations with the ,national ,science ,foundation or international collaborations4 7d7 ,dark energy and dark matter research ,as part of the program described in subsection 7a71 the ,director shall carry out research activities on the nature of dark energy and dark matter1 which may include collaborations with the ,national ,aeronautics and ,space ,administration or the ,national ,science ,foundation1 or international collaborations4 7e7 ,accelerator research and development ,the ,director shall carry out research and development in advanced accelerator concepts and technologies1 including laser technologies1 to reduce the necessary scope and cost for the next generation of particle accelerators4 ,the ,director shall ensure access to national laboratory accelerator facilities1 infrastructure1 and technology for users and developers of accelerators that advance applications in energy and the environment1 medicine1 industry1 national security1 and discovery science4 7f7 ,international collaboration ,the ,director1 as practicable and in coordination with other appropriate ,federal agencies as necessary1 shall ensure the access of ,united ,states researchers to the most advanced accelerator facilities and research capabilities in the world1 including the ,large ,hadron ,collider4 #eje4 ,biological and environmental research 7a7 ,program ,the ,director shall carry out a program of research1 development1 and demonstration in the areas of biological systems science and climate and environmental science to support the energy and environmental missions of the ,department4 7b7 ,priority research ,in carrying out this section1 the ,director shall prioritize fundamental research on biological systems and genomics science with the greatest potential to enable scientific discovery4 7c7 ,assessment ,not later than #ab months after the date of enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress identifying climate science-related initiatives under this section that overlap or duplicate initiatives of other ,federal agencies and the extent of such overlap or duplication4 7d7 ,limitation ,the ,director shall not approve new climate science-related initiatives to be carried out through the ,office of ,science without making a determination that such work is unique and not duplicative of work by other ,federal agencies4 ,not later than #c months after receiving the assessment required under subsection 7c71 the ,director shall cease those climate science-related initiatives identified in the assessment as overlapping or duplicative1 unless the ,director justifies that such work is critical to achieving ,american energy security4 7e7 ,low dose radiation research program 7#a7 ,in general ,the ,director of the ,department of ,energy ,office of ,science shall carry out a research program on low dose radiation4 ,the purpose of the program is to enhance the scientific understanding of and reduce uncertainties associated with the effects of exposure to low dose radiation in order to inform improved risk management methods4 7#b7 ,study ,not later than #fj days after the date of enactment of this ,act1 the ,director shall enter into an agreement with the ,national ,academies to conduct a study assessing the current status and development of a long-term strategy for low dose radiation research4 ,such study shall be completed not later than #ah months after the date of enactment of this ,act4 ,the study shall be conducted in coordination with ,federal agencies that perform ionizing radiation effects research and shall leverage the most current studies in this field4 ,such study shall-- 7,a7 identify current scientific challenges for understanding the long-term effects of ionizing radiation2 7,b7 assess the status of current low dose radiation research in the ,united ,states and internationally2 7,c7 formulate overall scientific goals for the future of low-dose radiation research in the ,united ,states2 7,d7 recommend a long-term strategic and prioritized research agenda to address scientific research goals for overcoming the identified scientific challenges in coordination with other research efforts2 7,e7 define the essential components of a research program that would address this research agenda within the universities and the ,national ,laboratories2 and 7,f7 assess the cost-benefit effectiveness of such a program4 7#c7 ,research plan ,not later than #ij days after the completion of the study performed under paragraph 7#b7 the ,secretary of ,energy shall deliver to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a #e-year research plan that responds to the study's findings and recommendations and identifies and prioritizes research needs4 7#d7 ,definition ,in this subsection1 the term low dose radiation means a radiation dose of less than #ajj millisieverts4 7#e7 ,rule of ,construction ,nothing in this subsection shall be construed to subject any research carried out by the ,director under the research program under this subsection to any limitations described in section #igg7;e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcag7;e774 #ejf4 ,fusion energy 7a7 ,program ,the ,director shall carry out a fusion energy sciences research program to expand the fundamental understanding of plasmas and matter at very high temperatures and densities and to build the scientific foundation necessary to enable fusion power4 7b7 ,fusion materials research and development ,as part of the activities authorized in section #igh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcah7-- 7#a7 the ,director1 in coordination with the ,assistant ,secretary for ,nuclear ,energy of the ,department1 shall carry out research and development activities to identify1 characterize1 and demonstrate materials that can endure the neutron1 plasma1 and heat fluxes expected in a fusion power system2 and 7#b7 the ,secretary shall-- 7,a7 provide an assessment of the need for a facility or facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power2 and 7,b7 provide an assessment of whether a single new facility that substantially addresses magnetic fusion and next generation fission materials research needs is feasible1 in conjunction with the expected capabilities of facilities operational as of the date of enactment of this ,act4 7c7 ,tokamak research and development 7#a7 ,in general ,as part of the program described in subsection 7a71 the ,director shall support research and development activities and facility operations to optimize the tokamak approach to fusion energy4 7#b7 ,,iter 7,a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report providing an assessment of-- 7i7 the most recent schedule for ,,iter that has been approved by the ,,iter ,council2 and 7ii7 progress of the ,,iter ,council and the ,,iter ,director ,general toward implementation of the recommendations of the ,third ,biennial ,international ,organization ,management ,assessment ,report4 7,b7 ,fairness in competition for solicitations for international project activities ,section #cc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjec7 is amended by adding at the end the following3 ,for purposes of this section1 with respect to international research projects1 the term private facilities or laboratories shall refer to facilities or laboratories located in the ,united ,states44 7,c7 ,sense of congress ,it is the sense of ,congress that the ,united ,states should support a robust1 diverse fusion program4 ,it is further the sense of ,congress that developing the scientific basis for fusion1 providing research results key to the success of ,,iter1 and training the next generation of fusion scientists are of critical importance to the ,united ,states and should in no way be diminished by participation of the ,united ,states in the ,,iter project4 7d7 ,inertial fusion energy research and development program ,the ,secretary shall carry out a program of research and technology development in inertial fusion for energy applications1 including ion beam1 laser1 and pulsed power fusion systems4 7e7 ,alternative and enabling concepts 7#a7 ,in general ,as part of the program described in subsection 7a71 the ,director shall support research and development activities and facility operations at ,united ,states universities1 national laboratories1 and private facilities for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant1 prioritized based on the ability of the ,united ,states to play a leadership role in the international fusion research community4 ,fusion energy concepts and activities explored under this paragraph may include-- 7,a7 high magnetic field approaches facilitated by high temperature superconductors2 7,b7 advanced stellarator concepts2 7,c7 non-tokamak confinement configurations operating at low magnetic fields2 7,d7 magnetized target fusion energy concepts2 7,e7 liquid metals to address issues associated with fusion plasma interactions with the inner wall of the encasing device2 7,f7 immersion blankets for heat management and fuel breeding2 7,g7 advanced scientific computing activities2 and 7,h7 other promising fusion energy concepts identified by the ,director4 7#b7 ,coordination with arpa-e ,the ,under ,secretary and the ,director shall coordinate with the ,director of the ,advanced ,research ,projects ,agency-,energy 7in this paragraph referred to as ,,arpa-,e7 to-- 7,a7 assess the potential for any fusion energy project supported by ,,arpa-,e to represent a promising approach to a commercially viable fusion power plant2 7,b7 determine whether the results of any fusion energy project supported by ,,arpa-,e merit the support of follow-on research activities carried out by the ,office of ,science2 and 7,c7 avoid unintentional duplication of activities4 7f7 ,general plasma science and applications ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall provide to ,congress an assessment of opportunities in which the ,united ,states can provide world-leading contributions to advancing plasma science and non-fusion energy applications1 and identify opportunities for partnering with other ,federal agencies both within and outside of the ,department of ,energy4 7g7 ,identification of priorities 7#a7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall transmit to ,congress a report on the ,department's proposed fusion energy research and development activities over the following #aj years under at least #c realistic budget scenarios1 including a scenario based on #c percent annual growth in the non-,,iter portion of the budget for fusion energy research and development activities4 ,the report shall-- 7,a7 identify specific areas of fusion energy research and enabling technology development in which the ,united ,states can and should establish or solidify a lead in the global fusion energy development effort2 7,b7 identify priorities for initiation of facility construction and facility decommissioning under each of those scenarios2 and 7,c7 assess the ability of the ,united ,states fusion workforce to carry out the activities identified in subparagraphs 7,a7 and 7,b71 including the adequacy of college and university programs to train the leaders and workers of the next generation of fusion energy researchers4 7#b7 ,process ,in order to develop the report required under paragraph 7#a71 the ,secretary shall leverage best practices and lessons learned from the process used to develop the most recent report of the ,particle ,physics ,project ,prioritization ,panel of the ,high ,energy ,physics ,advisory ,panel4 ,no member of the ,fusion ,energy ,sciences ,advisory ,committee shall be excluded from participating in developing or voting on final approval of the report required under paragraph 7#a74 #ejg4 ,nuclear physics 7a7 ,program ,the ,director shall carry out a program of experimental and theoretical research1 and support associated facilities1 to discover1 explore1 and understand all forms of nuclear matter4 7b7 ,isotope development and production for research applications ,the ,director shall carry out a program for the production of isotopes1 including the development of techniques to produce isotopes1 that the ,secretary determines are needed for research1 medical1 industrial1 or other purposes4 ,in making this determination1 the ,secretary shall-- 7#a7 ensure that1 as has been the policy of the ,united ,states since the publication in #aife of ,federal ,register notice #cj ,fed4 ,reg4 #cbdg1 isotope production activities do not compete with private industry unless critical national interests necessitate the ,federal ,government's involvement2 7#b7 ensure that activities undertaken pursuant to this section1 to the extent practicable1 promote the growth of a robust domestic isotope production industry2 and 7#c7 consider any relevant recommendations made by ,federal advisory committees1 the ,national ,academies1 and interagency working groups in which the ,department participates4 #ejh4 ,science laboratories infrastructure program 7a7 ,program ,the ,director shall carry out a program to improve the safety1 efficiency1 and mission readiness of infrastructure at ,office of ,science laboratories4 ,the program shall include projects to-- 7#a7 renovate or replace space that does not meet research needs2 7#b7 replace facilities that are no longer cost effective to renovate or operate2 7#c7 modernize utility systems to prevent failures and ensure efficiency2 7#d7 remove excess facilities to allow safe and efficient operations2 and 7#e7 construct modern facilities to conduct advanced research in controlled environmental conditions4 7b7 ,approach ,in carrying out this section1 the ,director shall utilize all available approaches and mechanisms1 including capital line items1 minor construction projects1 energy savings performance contracts1 utility energy service contracts1 alternative financing1 and expense funding1 as appropriate4 #eji4 ,domestic manufacturing ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report on the current ability of domestic manufacturers to meet the procurement requirements for major ongoing projects funded by the ,office of ,science of the ,department1 including a calculation of the percentage of equipment acquired from domestic manufacturers for this purpose4 #eaj4 ,authorization of appropriations 7a7 ,fiscal year #bjaf ,there are authorized to be appropriated to the ,secretary for the ,office of ,science for fiscal year #bjaf #e1cci1hjj1jjj1 of which-- 7#a7 #a1hej1jjj1jjj shall be for ,basic ,energy ,science2 7#b7 #ghh1jjj1jjj shall be for ,high ,energy ,physics2 7#c7 #eej1jjj1jjj shall be for ,biological and ,environmental ,research2 7#d7 #fbd1gjj1jjj shall be for ,nuclear ,physics2 7#e7 #fba1jjj1jjj shall be for ,advanced ,scientific ,computing ,research2 7#f7 #dhh1jjj1jjj shall be for ,fusion ,energy ,sciences2 7#g7 #aac1fjj1jjj shall be for ,science ,laboratories ,infrastructure2 7#h7 #aha1jjj1jjj shall be for ,science ,program ,direction2 7#i7 #ajc1jjj1jjj shall be for ,safeguards and ,security2 and 7#aj7 #bj1ejj1jjj shall be for ,workforce ,development for ,teachers and ,scientists4 7b7 ,fiscal year #bjag ,there are authorized to be appropriated to the ,secretary for the ,office of ,science for fiscal year #bjag #e1cci1hjj1jjj1 of which-- 7#a7 #a1hej1jjj1jjj shall be for ,basic ,energy ,science2 7#b7 #ghh1jjj1jjj shall be for ,high ,energy ,physics2 7#c7 #eej1jjj1jjj shall be for ,biological and ,environmental ,research2 7#d7 #fbd1gjj1jjj shall be for ,nuclear ,physics2 7#e7 #fba1jjj1jjj shall be for ,advanced ,scientific ,computing ,research2 7#f7 #dhh1jjj1jjj shall be for ,fusion ,energy ,sciences2 7#g7 #aac1fjj1jjj shall be for ,science ,laboratories ,infrastructure2 7#h7 #aha1jjj1jjj shall be for ,science ,program ,direction2 7#i7 #ajc1jjj1jjj shall be for ,safeguards and ,security2 and 7#aj7 #bj1ejj1jjj shall be for ,workforce ,development for ,teachers and ,scientists4 #eaa4 ,definitions ,in this title-- 7#a7 the term ,department means the ,department of ,energy2 7#b7 the term ,director means the ,director of the ,office of ,science of the ,department2 and 7#c7 the term ,secretary means the ,secretary of ,energy4 ,,vi ,department of ,energy ,applied ,research and ,development ,a ,crosscutting ,research and ,development #fja4 ,crosscutting research and development 7a7 ,crosscutting research and development ,the ,secretary shall1 through the ,under ,secretary for ,science and ,energy1 utilize the capabilities of the ,department to identify strategic opportunities for collaborative research1 development1 demonstration1 and commercial application of innovative science and technologies for-- 7#a7 advancing the understanding of the energy-water-land use nexus2 7#b7 modernizing the electric grid by improving energy transmission and distribution systems security and resiliency2 7#c7 utilizing supercritical carbon dioxide in electric power generation2 7#d7 subsurface technology and engineering2 7#e7 high performance computing2 7#f7 cybersecurity2 and 7#g7 critical challenges identified through comprehensive energy studies1 evaluations1 and reviews4 7b7 ,crosscutting approaches ,to the maximum extent practicable1 the ,secretary shall seek to leverage existing programs1 and consolidate and coordinate activities1 throughout the ,department to promote collaboration and crosscutting approaches within programs4 7c7 ,additional actions ,the ,secretary shall-- 7#a7 prioritize activities that promote the utilization of all affordable domestic resources2 7#b7 develop a rigorous and realistic planning1 evaluation1 and technical assessment framework for setting objective1 long-term strategic goals and evaluating progress that ensures the integrity and independence to insulate planning from political influence and the flexibility to adapt to market dynamics2 7#c7 ensure that activities shall be undertaken in a manner that does not duplicate other activities within the ,department or other ,federal ,government activities2 and 7#d7 identify programs that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders4 #fjb4 ,strategic research portfolio analysis and coordination plan ,section #iid of ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceh7 is amended to read as follows3 #iid4 ,strategic research portfolio analysis and coordination plan 7a7 ,in general ,the ,secretary shall periodically review all of the science and technology activities of the ,department in a strategic framework that takes into account the frontiers of science to which the ,department can contribute1 the national needs relevant to the ,department's statutory missions1 and global energy dynamics4 7b7 ,coordination analysis and plan ,as part of the review under subsection 7a71 the ,secretary shall develop a plan to improve coordination and collaboration in research1 development1 demonstration1 and commercial application activities across ,department organizational boundaries4 7c7 ,plan contents ,the plan shall describe-- 7#a7 crosscutting scientific and technical issues and research questions that span more than one program or major office of the ,department2 7#b7 how the applied technology programs of the ,department are coordinating their activities1 and addressing those questions2 7#c7 ways in which the technical interchange within the ,department1 particularly between the ,office of ,science and the applied technology programs1 can be enhanced1 including limited ways in which the research agendas of the ,office of ,science and the applied programs can better interact and assist each other2 7#d7 a description of how the ,secretary will ensure that the ,department's overall research agenda include1 in addition to fundamental1 curiosity-driven research1 fundamental research related to topics of concern to the applied programs1 and applications in ,departmental technology programs of research results generated by fundamental1 curiosity-driven research2 7#e7 critical assessments of any ongoing programs that have experienced sub-par performance or cost over-runs of #aj percent or more over #a or more years2 7#f7 activities that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders2 and 7#g7 detailed proposals for innovation hubs1 institutes1 and research centers prior to establishment or renewal by the ,department1 including-- 7,a7 certification that all hubs1 institutes1 and research centers will advance the mission of the ,department1 and prioritize research1 development1 and demonstration2 7,b7 certification that the establishment or renewal of hubs1 institutes1 or research centers will not diminish funds available for basic research and development within the ,office of ,science2 and 7,c7 certification that all hubs1 institutes1 and research centers established or renewed within the ,office of ,science are consistent with the mission of the ,office of ,science as described in section #bji7;c7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci7;c774 7d7 ,plan transmittal ,not later than #a year after the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae1 and every #d years thereafter1 the ,secretary shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the results of the review under subsection 7a7 and the coordination plan under subsection 7b74 4 #fjc4 ,strategy for facilities and infrastructure 7a7 ,amendments ,section #iic of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceg7 is amended-- 7#a7 by amending the section heading to read as follows3 ,strategy for facilities and infrastructure2 and 7#b7 in subsection 7b77#a71 by striking #bjjh and inserting #bjah4 7b7 ,table of contents amendment ,the item relating to section #iic in the table of contents of the ,energy ,policy ,act of #bjje is amended to read as follows3 ,sec4 #iic4 ,strategy for facilities and infrastructure4 4 #fjd4 ,energy ,innovation ,hubs 7a7 ,authorization of program 7#a7 ,in general ,the ,secretary of ,energy shall carry out a program to enhance the ,nation's economic1 environmental1 and energy security by making awards to consortia for establishing and operating ,energy ,innovation ,hubs to conduct and support1 whenever practicable at one centralized location1 multidisciplinary1 collaborative research1 development1 and demonstration of advanced energy technologies4 7#b7 ,technology development focus ,the ,secretary shall designate for each ,hub a unique advanced energy technology focus4 7#c7 ,coordination ,the ,secretary shall ensure the coordination of1 and avoid unnecessary duplication of1 the activities of ,hubs with those of other ,department of ,energy research entities1 including the ,national ,laboratories1 the ,advanced ,research ,projects ,agency-,energy1 ,energy ,frontier ,research ,centers1 and within industry4 7b7 ,consortia 7#a7 ,eligibility ,to be eligible to receive an award under this section for the establishment and operation of a ,hub1 a consortium shall-- 7,a7 be composed of no fewer than two qualifying entities2 and 7,b7 operate subject to an agreement entered into by its members that documents-- 7i7 the proposed partnership agreement1 including the governance and management structure of the ,hub2 7ii7 measures to enable cost-effective implementation of the program under this section2 7iii7 a proposed budget1 including financial contributions from non-,federal sources2 7iv7 a plan for managing intellectual property rights2 and 7v7 an accounting structure that enables the ,secretary to ensure that the consortium has complied with the requirements of this section4 7#b7 ,application ,a consortium seeking to establish and operate a ,hub under this section1 acting through a prime applicant1 shall transmit to the ,secretary an application at such time1 in such form1 and accompanied by such information as the ,secretary shall require1 including a detailed description of the elements of the consortium agreement required under paragraph 7#a77;,b74 ,if the consortium members will not be located at one centralized location1 such application shall include a communications plan that ensures close coordination and integration of the ,hub's activities4 7c7 ,selection and schedule ,the ,secretary shall select consortia for awards for the establishment and operation of ,hubs through competitive selection processes4 ,in selecting consortia1 the ,secretary shall consider the information a consortium must disclose according to subsection 7b71 as well as any existing facilities a consortium will provide for ,hub activities4 ,awards made to a ,hub shall be for a period not to exceed #e years1 subject to the availability of appropriations1 after which the award may be renewed1 subject to a rigorous merit review4 ,a ,hub already in existence on the date of enactment of this ,act may continue to receive support for a period of #e years1 subject to the availability of appropriations1 beginning on the date of establishment of that ,hub4 7d7 ,hub operations 7#a7 ,in general ,each ,hub shall conduct or provide for multidisciplinary1 collaborative research1 development1 and demonstration of advanced energy technologies within the technology development focus designated under subsection 7a77#b74 ,each ,hub shall-- 7,a7 encourage collaboration and communication among the member qualifying entities of the consortium and awardees by conducting activities whenever practicable at one centralized location2 7,b7 develop and publish on the ,department of ,energy's website proposed plans and programs2 7,c7 submit an annual report to the ,secretary summarizing the ,hub's activities1 including detailing organizational expenditures1 and describing each project undertaken by the ,hub2 and 7,d7 monitor project implementation and coordination4 7#b7 ,conflicts of interest 7,a7 ,procedures ,hubs shall maintain conflict of interest procedures1 consistent with those of the ,department of ,energy1 to ensure that employees and consortia designees for ,hub activities who are in decisionmaking capacities disclose all material conflicts of interest1 and avoid such conflicts4 7,b7 ,disqualification and revocation ,the ,secretary may disqualify an application or revoke funds distributed to a ,hub if the ,secretary discovers a failure to comply with conflict of interest procedures established under subparagraph 7,a74 7#c7 ,prohibition on construction 7,a7 ,in general ,no funds provided pursuant to this section may be used for construction of new buildings or facilities for ,hubs4 ,construction of new buildings or facilities shall not be considered as part of the non-,federal share of a ,hub cost-sharing agreement4 7,b7 ,test bed and renovation exception ,nothing in this subsection shall prohibit the use of funds provided pursuant to this section1 or non-,federal cost share funds1 for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the ,secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted4 7e7 ,termination ,consistent with the existing authorities of the ,department1 the ,secretary may terminate an underperforming ,hub for cause during the performance period4 7f7 ,definitions ,for purposes of this section3 7#a7 ,advanced energy technology ,the term advanced energy technology means-- 7,a7 an innovative technology-- 7i7 that produces energy from solar1 wind1 geothermal1 biomass1 tidal1 wave1 ocean1 or other renewable energy resources2 7ii7 that produces nuclear energy2 7iii7 for carbon capture and sequestration2 7iv7 that enables advanced vehicles1 vehicle components1 and related technologies that result in significant energy savings2 7v7 that generates1 transmits1 distributes1 utilizes1 or stores energy more efficiently than conventional technologies1 including through ,smart ,grid technologies2 or 7vi7 that enhances the energy independence and security of the ,united ,states by enabling improved or expanded supply and production of domestic energy resources1 including coal1 oil1 and natural gas2 7,b7 research1 development1 and demonstration activities necessary to ensure the long-term1 secure1 and sustainable supply of energy critical elements2 or 7,c7 another innovative energy technology area identified by the ,secretary4 7#b7 ,hub ,the term ,hub means an ,energy ,innovation ,hub established or operating in accordance with this section1 including any ,energy ,innovation ,hub existing as of the date of enactment of this ,act4 7#c7 ,qualifying entity ,the term qualifying entity means-- 7,a7 an institution of higher education2 7,b7 an appropriate ,state or ,federal entity1 including the ,department of ,energy ,federally ,funded ,research and ,development ,centers2 7,c7 a nongovernmental organization with expertise in advanced energy technology research1 development1 demonstration1 or commercial application2 or 7,d7 any other relevant entity the ,secretary considers appropriate4 ,b ,electricity ,delivery and ,energy ,reliability ,research and ,development #faa4 ,distributed energy and electric energy systems ,section #iba of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbaa7 is amended to read as follows3 #iba4 ,distributed energy and electric energy systems 7a7 ,in general ,the ,secretary shall carry out programs of research1 development1 demonstration1 and commercial application on distributed energy resources and systems reliability and efficiency1 to improve the reliability and efficiency of distributed energy resources and systems1 integrating advanced energy technologies with grid connectivity1 including activities described in this subtitle4 ,the programs shall address advanced energy technologies and systems and advanced grid security1 resiliency1 and reliability technologies4 7b7 ,objectives ,to the maximum extent practicable1 the ,secretary shall seek to-- 7#a7 leverage existing programs2 7#b7 consolidate and coordinate activities throughout the ,department to promote collaboration and crosscutting approaches2 7#c7 ensure activities are undertaken in a manner that does not duplicate other activities within the ,department or other ,federal ,government activities2 and 7#d7 identify programs that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders4 4 #fab4 ,electric transmission and distribution research and development 7a7 ,amendments ,section #ibe of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbae7 is amended-- 7#a7 by amending the section heading to read as follows3 ,electric transmission and distribution research and development2 7#b7 by amending subsection 7a7 to read as follows3 7a7 ,program ,the ,secretary shall establish a comprehensive research1 development1 and demonstration program to ensure the reliability1 efficiency1 and environmental integrity of electrical transmission and distribution systems1 which shall include innovations for-- 7#a7 advanced energy delivery technologies1 energy storage technologies1 materials1 and systems2 7#b7 advanced grid reliability and efficiency technology development2 7#c7 technologies contributing to significant load reductions2 7#d7 advanced metering1 load management1 and control technologies2 7#e7 technologies to enhance existing grid components2 7#f7 the development and use of high-temperature superconductors to-- 7,a7 enhance the reliability1 operational flexibility1 or power-carrying capability of electric transmission or distribution systems2 or 7,b7 increase the efficiency of electric energy generation1 transmission1 distribution1 or storage systems2 7#g7 integration of power systems1 including systems to deliver high-quality electric power1 electric power reliability1 and combined heat and power2 7#h7 supply of electricity to the power grid by small scale1 distributed1 and residential-based power generators2 7#i7 the development and use of advanced grid design1 operation1 and planning tools2 7#aj7 technologies to enhance security for electrical transmission and distributions systems2 and 7#aa7 any other infrastructure technologies1 as appropriate4 2 and 7#c7 by amending subsection 7c7 to read as follows3 7c7 ,implementation 7#a7 ,consortium ,the ,secretary shall consider implementing the program under this section using a consortium of participants from industry1 institutions of higher education1 and ,national ,laboratories4 7#b7 ,objectives ,to the maximum extent practicable the ,secretary shall seek to-- 7,a7 leverage existing programs2 7,b7 consolidate and coordinate activities1 throughout the ,department to promote collaboration and crosscutting approaches2 7,c7 ensure activities are undertaken in a manner that does not duplicate other activities within the ,department or other ,federal ,government activities2 and 7,d7 identify programs that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders4 4 7b7 ,table of contents amendment ,the item relating to section #ibe in the table of contents of the ,energy ,policy ,act of #bjje is amended to read as follows3 ,sec4 #ibe4 ,electric transmission and distribution research and development4 4 ,c ,nuclear ,energy ,research and ,development #fba4 ,objectives ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary shall conduct programs of civilian nuclear energy research1 development1 demonstration1 and commercial application1 including activities described in this subtitle4 ,such programs shall take into consideration the following objectives3 7#a7 ,enhancing nuclear power's viability as part of the ,united ,states energy portfolio4 7#b7 ,reducing used nuclear fuel and nuclear waste products generated by civilian nuclear energy4 7#c7 ,supporting technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty4 7#d7 ,providing the technical means to reduce the likelihood of nuclear proliferation4 7#e7 ,maintaining a cadre of nuclear scientists and engineers4 7#f7 ,maintaining ,national ,laboratory and university nuclear programs1 including their infrastructure4 7#g7 ,supporting both individual researchers and multidisciplinary teams of researchers to pioneer new approaches in nuclear energy1 science1 and technology4 7#h7 ,developing1 planning1 constructing1 acquiring1 and operating special equipment and facilities for the use of researchers4 7#i7 ,supporting technology transfer and other appropriate activities to assist the nuclear energy industry1 and other users of nuclear science and engineering1 including activities addressing reliability1 availability1 productivity1 component aging1 safety1 and security of nuclear power plants4 7#aj7 ,reducing the environmental impact of nuclear energy-related activities4 7#aa7 ,researching and developing technologies and processes to meet ,federal and ,state requirements and standards for nuclear power systems4 2 7#b7 by striking subsections 7b7 through 7d72 and 7#c7 by redesignating subsection 7e7 as subsection 7b74 #fbb4 ,program objectives study ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is further amended by adding at the end the following new subsection3 7c7 ,program objectives study ,in furtherance of the program objectives listed in subsection 7a7 of this section1 the ,government ,accountability ,office shall1 within #a year after the date of enactment of this subsection1 transmit to the ,congress a report on the results of a study on the scientific and technical merit of major ,federal and ,state requirements and standards1 including moratoria1 that delay or impede the further development and commercialization of nuclear power1 and how the ,department can assist in overcoming such delays or impediments4 4 #fbc4 ,nuclear energy research and development programs ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended by striking subsections 7c7 through 7e7 and inserting the following3 7c7 ,reactor concepts 7#a7 ,in general ,the ,secretary shall carry out a program of research1 development1 demonstration1 and commercial application to advance nuclear power systems as well as technologies to sustain currently deployed systems4 7#b7 ,designs and technologies ,in conducting the program under this subsection1 the ,secretary shall examine advanced reactor designs and nuclear technologies1 including those that-- 7,a7 have higher efficiency1 lower cost1 and improved safety compared to reactors in operation as of the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae2 7,b7 utilize passive safety features2 7,c7 minimize proliferation risks2 7,d7 substantially reduce production of high-level waste per unit of output2 7,e7 increase the life and sustainability of reactor systems currently deployed2 7,f7 use improved instrumentation2 7,g7 are capable of producing large-scale quantities of hydrogen or process heat2 7,h7 minimize water usage or use alternatives to water as a cooling mechanism2 or 7,i7 use nuclear energy as part of an integrated energy system4 7#c7 ,international cooperation ,in carrying out the program under this subsection1 the ,secretary shall seek opportunities to enhance the progress of the program through international cooperation through such organizations as the ,generation ,,iv ,international ,forum or any other international collaboration the ,secretary considers appropriate4 7#d7 ,exceptions ,no funds authorized to be appropriated to carry out the activities described in this subsection shall be used to fund the activities authorized under sections #fda through #fde4 4 #fbd4 ,small modular reactor program ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is further amended by adding at the end the following new subsection3 7d7 ,small modular reactor program 7#a7 ,in general ,the ,secretary shall carry out a small modular reactor program to promote research1 development1 demonstration1 and commercial application of small modular reactors1 including through cost-shared projects for commercial application of reactor systems designs4 7#b7 ,consultation ,the ,secretary shall consult with and utilize the expertise of the ,secretary of the ,navy in establishing and carrying out such program4 7#c7 ,additional activities ,activities may also include development of advanced computer modeling and simulation tools1 by ,federal and non-,federal entities1 which demonstrate and validate new design capabilities of innovative small modular reactor designs4 7#d7 ,definition ,for the purposes of this subsection1 the term small modular reactor means a nuclear reactor meeting generally accepted industry standards-- 7,a7 with a rated capacity of less than #cjj electrical megawatts2 7,b7 with respect to which most parts can be factory assembled and shipped as modules to a reactor plant site for assembly2 and 7,c7 that can be constructed and operated in combination with similar reactors at a single site4 4 #fbe4 ,fuel cycle research and development 7a7 ,amendments ,section #iec of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7 is amended-- 7#a7 in the section heading by striking ,advanced fuel cycle initiative and inserting ,fuel cycle research and development2 7#b7 by striking subsection 7a72 7#c7 by redesignating subsections 7b7 through 7d7 as subsections 7d7 through 7f71 respectively2 and 7#d7 by inserting before subsection 7d71 as so redesignated by paragraph 7#c7 of this subsection1 the following new subsections3 7a7 ,in general ,the ,secretary shall conduct a fuel cycle research1 development1 demonstration1 and commercial application program 7referred to in this section as the program7 on fuel cycle options that improve uranium resource utilization1 maximize energy generation1 minimize nuclear waste creation1 improve safety1 mitigate risk of proliferation1 and improve waste management in support of a national strategy for spent nuclear fuel and the reactor concepts research1 development1 demonstration1 and commercial application program under section #ieb7;c74 7b7 ,fuel cycle options ,under this section the ,secretary may consider implementing the following initiatives3 7#a7 ,open cycle ,developing fuels1 including the use of nonuranium materials and alternate claddings1 for use in reactors that increase energy generation1 improve safety performance and margins1 and minimize the amount of nuclear waste produced in an open fuel cycle4 7#b7 ,recycle ,developing advanced recycling technologies1 including advanced reactor concepts to improve resource utilization1 reduce proliferation risks1 and minimize radiotoxicity1 decay heat1 and mass and volume of nuclear waste to the greatest extent possible4 7#c7 ,advanced storage methods ,developing advanced storage technologies for both onsite and long-term storage that substantially prolong the effective life of current storage devices or that substantially improve upon existing nuclear waste storage technologies and methods1 including repositories4 7#d7 ,fast test reactor ,investigating the potential research benefits of a fast test reactor user facility to conduct experiments on fuels and materials related to fuel forms and fuel cycles that will increase fuel utilization1 reduce proliferation risks1 and reduce nuclear waste products4 7#e7 ,advanced reactor innovation ,developing an advanced reactor innovation testbed where national laboratories1 universities1 and industry can address advanced reactor design challenges to enable construction and operation of privately funded reactor prototypes to resolve technical uncertainty for ,united ,states-based designs for future domestic and international markets4 7#f7 ,other technologies ,developing any other technology or initiative that the ,secretary determines is likely to advance the objectives of the program4 7c7 ,additional advanced recycling and crosscutting activities ,in addition to and in support of the specific initiatives described in paragraphs 7#a7 through 7#e7 of subsection 7b71 the ,secretary may support the following activities3 7#a7 ,development and testing of integrated process flow sheets for advanced nuclear fuel recycling processes4 7#b7 ,research to characterize the byproducts and waste streams resulting from fuel recycling processes4 7#c7 ,research and development on reactor concepts or transmutation technologies that improve resource utilization or reduce the radiotoxicity of waste streams4 7#d7 ,research and development on waste treatment processes and separations technologies1 advanced waste forms1 and quantification of proliferation risks4 7#e7 ,identification and evaluation of test and experimental facilities necessary to successfully implement the advanced fuel cycle initiative4 7#f7 ,advancement of fuel cycle-related modeling and simulation capabilities4 7#g7 ,research to understand the behavior of high-burnup fuels4 4 7b7 ,conforming amendment ,the item relating to section #iec in the table of contents of the ,energy ,policy ,act of #bjje is amended to read as follows3 ,sec4 #iec4 ,fuel cycle research and development4 4 #fbf4 ,nuclear energy enabling technologies program 7a7 ,amendment ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following new section3 #ieh4 ,nuclear energy enabling technologies 7a7 ,in general ,the ,secretary shall conduct a program to support the integration of activities undertaken through the reactor concepts research1 development1 demonstration1 and commercial application program under section #ieb7;c7 and the fuel cycle research and development program under section #iec1 and support crosscutting nuclear energy concepts4 ,activities commenced under this section shall be concentrated on broadly applicable research and development focus areas4 7b7 ,activities ,activities conducted under this section may include research involving-- 7#a7 advanced reactor materials2 7#b7 advanced radiation mitigation methods2 7#c7 advanced proliferation and security risk assessment methods2 7#d7 advanced sensors and instrumentation2 7#e7 high performance computation modeling1 including multiphysics1 multidimensional modeling simulation for nuclear energy systems1 and continued development of advanced modeling simulation capabilities through national laboratory1 industry1 and university partnerships for operations and safety performance improvements of light water reactors for currently deployed and near-term reactors and advanced reactors and for the development of small modular reactors2 and 7#f7 any crosscutting technology or transformative concept aimed at establishing substantial and revolutionary enhancements in the performance of future nuclear energy systems that the ,secretary considers relevant and appropriate to the purpose of this section4 7c7 ,report ,the ,secretary shall submit1 as part of the annual budget submission of the ,department1 a report on the activities of the program conducted under this section1 which shall include a brief evaluation of each activity's progress4 4 7b7 ,conforming amendment ,the table of contents of the ,energy ,policy ,act of #bjje is amended by adding at the end of the items for subtitle ,e of title ,,ix the following new item3 ,sec4 #ieh4 ,nuclear energy enabling technologies4 4 #fbg4 ,technical standards collaboration 7a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish a nuclear energy standards committee 7in this section referred to as the technical standards committee7 to facilitate and support1 consistent with the ,national ,technology ,transfer and ,advancement ,act of #aiie1 the development or revision of technical standards for new and existing nuclear power plants and advanced nuclear technologies4 7b7 ,membership 7#a7 ,in general ,the technical standards committee shall include representatives from appropriate ,federal agencies and the private sector1 and be open to materially affected organizations involved in the development or application of nuclear energy-related standards4 7#b7 ,co-chairs ,the technical standards committee shall be co-chaired by a representative from the ,national ,institute of ,standards and ,technology and a representative from a private sector standards organization4 7c7 ,duties ,the technical standards committee shall1 in cooperation with appropriate ,federal agencies-- 7#a7 perform a needs assessment to identify and evaluate the technical standards that are needed to support nuclear energy1 including those needed to support new and existing nuclear power plants and advanced nuclear technologies1 including developing the technical basis for regulatory frameworks for advanced reactors2 7#b7 formulate1 coordinate1 and recommend priorities for the development of new technical standards and the revision of existing technical standards to address the needs identified under paragraph 7#a72 7#c7 facilitate and support collaboration and cooperation among standards developers to address the needs and priorities identified under paragraphs 7#a7 and 7#b72 7#d7 as appropriate1 coordinate with other national1 regional1 or international efforts on nuclear energy-related technical standards in order to avoid conflict and duplication and to ensure global compatibility2 and 7#e7 promote the establishment and maintenance of a database of nuclear energy-related technical standards4 7d7 ,authorization of appropriations ,to the extent provided for in advance by appropriations ,acts1 the ,secretary may transfer to the ,director of the ,national ,institute of ,standards and ,technology not to exceed #a1jjj1jjj for fiscal year #bjaf for the ,secretary of ,commerce to carry out this section from amounts appropriated for nuclear energy research and development within the ,nuclear ,energy ,enabling ,technologies account for the ,department4 #fbh4 ,available facilities database ,the ,secretary shall prepare a database of non-,federal user facilities receiving ,federal funds that may be used for unclassified nuclear energy research4 ,the ,secretary shall make this database accessible on the ,department's website4 ,d ,energy ,efficiency and ,renewable ,energy ,research and ,development #fda4 ,energy efficiency ,section #iaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia7 is amended to read as follows3 #iaa4 ,energy efficiency 7a7 ,objectives ,the ,secretary shall conduct programs of energy efficiency research1 development1 demonstration1 and commercial application1 including activities described in this subtitle4 ,such programs shall prioritize activities that industry by itself is not likely to undertake because of technical challenges or regulatory uncertainty1 and take into consideration the following objectives3 7#a7 ,increasing energy efficiency4 7#b7 ,reducing the cost of energy4 7#c7 ,reducing the environmental impact of energy-related activities4 7b7 ,programs ,programs under this subtitle shall include research1 development1 demonstration1 and commercial application of-- 7#a7 innovative1 affordable technologies to improve the energy efficiency and environmental performance of vehicles1 including weight and drag reduction technologies1 technologies1 modeling1 and simulation for increasing vehicle connectivity and automation1 and whole-vehicle design optimization2 7#b7 cost-effective technologies1 for new construction and retrofit1 to improve the energy efficiency and environmental performance of buildings1 using a whole-buildings approach2 7#c7 advanced technologies to improve the energy efficiency1 environmental performance1 and process efficiency of energy-intensive and waste-intensive industries2 7#d7 technologies to improve the energy efficiency of appliances and mechanical systems for buildings in extreme climates1 including cogeneration1 trigeneration1 and polygeneration units2 7#e7 advanced battery technologies2 and 7#f7 fuel cell and hydrogen technologies4 4 #fdb4 ,next ,generation ,lighting ,initiative ,section #iab of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaib7 and the item relating thereto in the table of contents of that ,act are repealed4 #fdc4 ,building standards ,section #iad of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaid7 is amended by striking subsection 7c74 #fdd4 ,secondary electric vehicle battery use program ,section #iae of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaie7 and the item relating thereto in the table of contents of that ,act are repealed4 #fde4 ,network for ,manufacturing ,innovation ,program ,to the extent provided for in advance by appropriations ,acts1 the ,secretary may transfer to the ,national ,institute of ,standards and ,technology up to #aej1jjj1jjj for the period encompassing fiscal years #bjae through #bjag from amounts appropriated for advanced manufacturing research and development under this subtitle 7and the amendments made by this subtitle7 for the ,secretary of ,commerce to carry out the ,network for ,manufacturing ,innovation ,program authorized under section #cd of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghs74 #fdf4 ,advanced ,energy ,technology ,transfer ,centers ,section #iag of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaig7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting and at the end of paragraph 7#b77;,b72 7,b7 by striking 2 and at the end of paragraph 7#c7 and inserting a period2 and 7,c7 by striking paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#a72 7,b7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#a7 through 7#d71 respectively2 and 7,c7 by striking paragraph 7#f72 7#c7 by amending subsection 7g7 to read as follows3 7g7 ,prohibition ,none of the funds awarded under this section may be used for the construction of facilities or the deployment of commercially available technologies4 2 and 7#d7 by striking subsection 7i74 #fdg4 ,renewable energy ,section #ica of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbca7 is amended to read as follows3 #ica4 ,renewable energy 7a7 ,in ,general 7#a7 ,objectives ,the ,secretary shall conduct programs of renewable energy research1 development1 demonstration1 and commercial application1 including activities described in this subtitle4 ,such programs shall prioritize discovery research and development and take into consideration the following objectives3 7,a7 ,increasing the conversion efficiency of all forms of renewable energy through improved technologies4 7,b7 ,decreasing the cost of renewable energy generation and delivery4 7,c7 ,promoting the diversity of the energy supply4 7,d7 ,decreasing the dependence of the ,united ,states on foreign mineral resources4 7,e7 ,decreasing the environmental impact of renewable energy-related activities4 7,f7 ,increasing the export of renewable generation technologies from the ,united ,states4 7#b7 ,programs 7,a7 ,solar energy ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for solar energy1 including innovations in-- 7i7 photovoltaics2 7ii7 solar heating2 7iii7 concentrating solar power2 7iv7 lighting systems that integrate sunlight and electrical lighting in complement to each other2 and 7v7 development of technologies that can be easily integrated into new and existing buildings4 7,b7 ,wind energy ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for wind energy1 including innovations in-- 7i7 low speed wind energy2 7ii7 testing and verification technologies2 7iii7 distributed wind energy generation2 and 7iv7 transformational technologies for harnessing wind energy4 7,c7 ,geothermal ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for geothermal energy1 including technologies for-- 7i7 improving detection of geothermal resources2 7ii7 decreasing drilling costs2 7iii7 decreasing maintenance costs through improved materials2 7iv7 increasing the potential for other revenue sources1 such as mineral production2 and 7v7 increasing the understanding of reservoir life cycle and management4 7,d7 ,hydropower ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for technologies that enable the development of new and incremental hydropower capacity1 including3 7i7 ,advanced technologies to enhance environmental performance and yield greater energy efficiencies4 7ii7 ,ocean energy1 including wave energy4 7,e7 ,miscellaneous projects ,the ,secretary shall conduct research1 development1 demonstration1 and commercial application programs for-- 7i7 the combined use of renewable energy technologies with one another and with other energy technologies1 including the combined use of renewable power and fossil technologies2 7ii7 renewable energy technologies for cogeneration of hydrogen and electricity2 and 7iii7 kinetic hydro turbines4 7b7 ,rural ,demonstration ,projects ,in carrying out this section1 the ,secretary1 in consultation with the ,secretary of ,agriculture1 shall give priority to demonstrations that assist in delivering electricity to rural and remote locations including-- 7#a7 advanced renewable power technology1 including combined use with fossil technologies2 7#b7 biomass2 and 7#c7 geothermal energy systems4 7c7 ,analysis and ,evaluation 7#a7 ,in general ,the ,secretary shall conduct analysis and evaluation in support of the renewable energy programs under this subtitle4 ,these activities shall be used to guide budget and program decisions1 and shall include-- 7,a7 economic and technical analysis of renewable energy potential1 including resource assessment2 7,b7 analysis of past program performance1 both in terms of technical advances and in market introduction of renewable energy2 7,c7 assessment of domestic and international market drivers1 including the impacts of any ,federal1 ,state1 or local grants1 loans1 loan guarantees1 tax incentives1 statutory or regulatory requirements1 or other government initiatives2 and 7,d7 any other analysis or evaluation that the ,secretary considers appropriate4 7#b7 ,funding ,the ,secretary may designate up to #a percent of the funds appropriated for carrying out this subtitle for analysis and evaluation activities under this subsection4 7#c7 ,submittal to congress ,this analysis and evaluation shall be submitted to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate at least #cj days before each annual budget request is submitted to ,congress4 4 #fdh4 ,bioenergy program ,section #icb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbcb7 is amended to read as follows3 #icb4 ,bioenergy program 7a7 ,program ,the ,secretary shall conduct a program of research1 development1 demonstration1 and commercial application for bioenergy1 including innovations in-- 7#a7 biopower energy systems2 7#b7 biofuels2 7#c7 bioproducts2 7#d7 integrated biorefineries that may produce biopower1 biofuels1 and bioproducts2 and 7#e7 crosscutting research and development in feedstocks4 7b7 ,biofuels and ,bioproducts ,the goals of the biofuels and bioproducts programs shall be to develop1 in partnership with industry and institutions of higher education-- 7#a7 advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with fossil-based fuels and fully compatible with either internal combustion engines or fuel cell-powered vehicles2 7#b7 advanced conversion of biomass to biofuels and bioproducts as part of integrated biorefineries based on either biochemical processes1 thermochemical processes1 or hybrids of these processes2 and 7#c7 other advanced processes that will enable the development of cost-effective bioproducts1 including biofuels4 7c7 ,retrofit ,technologies for the ,development of ,ethanol ,from ,cellulosic ,materials ,the ,secretary shall establish a program of research1 development1 demonstration1 and commercial application for technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass1 including lignocellulosic feedstocks4 7d7 ,limitations ,none of the funds authorized for carrying out this section may be used to fund commercial biofuels production for defense purposes4 7e7 ,definitions ,in this section3 7#a7 ,biomass ,the term biomass means-- 7,a7 any organic material grown for the purpose of being converted to energy2 7,b7 any organic byproduct of agriculture 7including wastes from food production and processing7 that can be converted into energy2 or 7,c7 any waste material that can be converted to energy1 is segregated from other waste materials1 and is derived from-- 7i7 any of the following forest-related resources3 mill residues1 precommercial thinnings1 slash1 brush1 or otherwise nonmerchantable material2 7ii7 wood waste materials1 including waste pallets1 crates1 dunnage1 manufacturing and construction wood wastes 7other than pressure-treated1 chemically treated1 or painted wood wastes71 and landscape or right-of-way tree trimmings1 but not including municipal solid waste1 gas derived from the biodegradation of municipal solid waste1 or paper that is commonly recycled2 or 7iii7 solids derived from waste water treatment processes4 7#b7 ,lignocellulosic feedstock ,the term lignocellulosic feedstock means any portion of a plant or coproduct from conversion1 including crops1 trees1 forest residues1 grasses1 and agricultural residues not specifically grown for food1 including from barley grain1 grapeseed1 rice bran1 rice hulls1 rice straw1 soybean matter1 cornstover1 and sugarcane bagasse4 4 #fdi4 ,concentrating solar power research program ,section #icd of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbcd7 and the item relating thereto in the table of contents of that ,act are repealed4 #fej4 ,renewable energy in public buildings ,section #ice of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbce7 and the item relating thereto in the table of contents of that ,act are repealed4 ,e ,fossil ,energy ,research and ,development #ffa4 ,fossil energy ,section #ifa of ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7 is amended to read as follows3 #ifa4 ,fossil energy 7a7 ,in general ,the ,secretary shall carry out research1 development1 demonstration1 and commercial application programs in fossil energy1 including activities under this subtitle1 with the goal of improving the efficiency1 effectiveness1 and environmental performance of fossil energy production1 upgrading1 conversion1 and consumption4 ,such programs shall take into consideration the following objectives3 7#a7 ,increasing the energy conversion efficiency of all forms of fossil energy through improved technologies4 7#b7 ,decreasing the cost of all fossil energy production1 generation1 and delivery4 7#c7 ,promoting diversity of energy supply4 7#d7 ,decreasing the dependence of the ,united ,states on foreign energy supplies4 7#e7 ,decreasing the environmental impact of energy-related activities4 7#f7 ,increasing the export of fossil energy-related equipment1 technology1 and services from the ,united ,states4 7b7 ,objectives ,to the maximum extent practicable1 the ,secretary shall seek to-- 7#a7 leverage existing programs2 7#b7 consolidate and coordinate activities throughout the ,department to promote collaboration and crosscutting approaches2 7#c7 ensure activities are undertaken in a manner that does not duplicate other activities within the ,department or other ,federal ,government activities2 and 7#d7 identify programs that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders4 7c7 ,limitations 7#a7 ,uses ,none of the funds authorized for carrying out this section may be used for ,fossil ,energy ,environmental ,restoration4 7#b7 ,institutions of higher education ,not less than #bj percent of the funds appropriated for carrying out section #ifd of this ,act for each fiscal year shall be dedicated to research and development carried out at institutions of higher education4 7#c7 ,use for regulatory assessments or determinations ,the results of any research1 development1 demonstration1 or commercial application projects or activities of the ,department authorized under this subtitle may not be used for regulatory assessments or determinations by ,federal regulatory authorities4 7d7 ,assessments 7#a7 ,constraints against bringing resources to market ,not later than #a year after the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae1 the ,secretary shall transmit to ,congress an assessment of the technical1 institutional1 policy1 and regulatory constraints to bringing new domestic fossil resources to market4 7#b7 ,technology capabilities ,not later than #b years after the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae1 the ,secretary shall transmit to ,congress a long-term assessment of existing and projected technological capabilities for expanded production from domestic unconventional oil1 gas1 and methane reserves4 4 #ffb4 ,coal research1 development1 demonstration1 and commercial application programs 7a7 ,in general ,section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#aj71 by striking and at the end2 7,b7 in paragraph 7#aa71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#ab7 specific additional programs to address water use and reuse2 7#ac7 the testing1 including the construction of testing facilities1 of high temperature materials for use in advanced systems for combustion or use of coal2 and 7#ad7 innovations to application of existing coal conversion systems designed to increase efficiency of conversion1 flexibility of operation1 and other modifications to address existing usage requirements4 2 7#b7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,transformational coal technology program 7#a7 ,in general ,as part of the program established under subsection 7a71 the ,secretary may carry out a program designed to undertake research1 development1 demonstration1 and commercial application of technologies1 including the accelerated development of-- 7,a7 chemical looping technology2 7,b7 supercritical carbon dioxide power generation cycles2 7,c7 pressurized oxycombustion1 including new and retrofit technologies2 and 7,d7 other technologies that are characterized by the use of-- 7i7 alternative energy cycles2 7ii7 thermionic devices using waste heat2 7iii7 fuel cells2 7iv7 replacement of chemical processes with biotechnology2 7v7 nanotechnology2 7vi7 new materials in applications 7other than extending cycles to higher temperature and pressure71 such as membranes or ceramics2 7vii7 carbon utilization1 such as in construction materials1 using low quality energy to reconvert back to a fuel1 or manufactured food2 7viii7 advanced gas separation concepts2 and 7ix7 other technologies1 including-- 7,i7 modular1 manufactured components2 and 7,,ii7 innovative production or research techniques1 such as using #c-;,d printer systems1 for the production of early research and development prototypes4 7#b7 ,cost share ,in carrying out the program described in paragraph 7#a71 the ,secretary shall enter into partnerships with private entities to share the costs of carrying out the program4 ,the ,secretary may reduce the non-,federal cost share requirement if the ,secretary determines that the reduction is necessary and appropriate considering the technological risks involved in the project4 2 and 7#d7 in subsection 7c7 7as so redesignated7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in carrying out programs authorized by this section1 the ,secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity1 chemical feedstocks1 transportation fuels1 and other marketable products4 4 7b7 ,advisory committee2 authorization of appropriations ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended-- 7#a7 by amending paragraph 7#f7 of subsection 7c7 to read as follows3 7#f7 ,advisory committee 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary shall establish an advisory committee to undertake1 not less frequently than once every #c years1 a review and prepare a report on the progress being made by the ,department of ,energy to achieve the goals described in subsections 7a7 and 7b7 of section #ifb and subsection 7b7 of this section4 7,b7 ,membership requirements ,members of the advisory committee established under subparagraph 7,a7 shall be appointed by the ,secretary1 except that three members shall be appointed by the ,speaker of the ,house of ,representatives and two members shall be appointed by the ,majority ,leader of the ,senate4 ,the total number of members of the advisory committee shall be #ae4 2 and 7#b7 by amending subsection 7d7 to read as follows3 7d7 ,study of carbon dioxide pipelines ,not later than #a year after the date of enactment of the ,america ,,competes ,reauthorization ,act of #bjae1 the ,secretary shall transmit to ,congress the results of a study to assess the cost and feasibility of engineering1 permitting1 building1 maintaining1 regulating1 and insuring a national system of carbon dioxide pipelines4 4 #ffc4 ,high efficiency gas turbines research and development 7a7 ,in general ,the ,secretary1 through the ,office of ,fossil ,energy1 shall carry out a multiyear1 multiphase program of research1 development1 demonstration1 and commercial application to innovate technologies to maximize the efficiency of gas turbines used in power generation systems4 7b7 ,program elements ,the program under this section shall-- 7#a7 support innovative engineering and detailed gas turbine design for megawatt-scale and utility-scale electric power generation1 including-- 7,a7 high temperature materials1 including superalloys1 coatings1 and ceramics2 7,b7 improved heat transfer capability2 7,c7 manufacturing technology required to construct complex three-dimensional geometry parts with improved aerodynamic capability2 7,d7 combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output2 7,e7 advanced controls and systems integration2 7,f7 advanced high performance compressor technology2 and 7,g7 validation facilities for the testing of components and subsystems2 7#b7 include technology demonstration through component testing1 subscale testing1 and full scale testing in existing fleets2 7#c7 include field demonstrations of the developed technology elements so as to demonstrate technical and economic feasibility2 and 7#d7 assess overall combined cycle and simple cycle system performance4 7c7 ,program goals ,the goals of the multiphase program established under subsection 7a7 shall be-- 7#a7 in phase ,i-- 7,a7 to develop the conceptual design of advanced high efficiency gas turbines that can achieve at least #fb percent combined cycle efficiency or #dg percent simple cycle efficiency on a lower heating value basis2 and 7,b7 to develop and demonstrate the technology required for advanced high efficiency gas turbines that can achieve at least #fb percent combined cycle efficiency or #dg percent simple cycle efficiency on a lower heating value basis2 and 7#b7 in phase ,,ii1 to develop the conceptual design for advanced high efficiency gas turbines that can achieve at least #fe percent combined cycle efficiency or #ej percent simple cycle efficiency on a lower heating value basis4 7d7 ,proposals ,within #ahj days after the date of enactment of this ,act1 the ,secretary shall solicit grant and contract proposals from industry1 small businesses1 universities1 and other appropriate parties for conducting activities under this section4 ,in selecting proposals1 the ,secretary shall emphasize-- 7#a7 the extent to which the proposal will stimulate the creation or increased retention of jobs in the ,united ,states2 and 7#b7 the extent to which the proposal will promote and enhance ,united ,states technology leadership4 7e7 ,competitive ,awards ,the provision of funding under this section shall be on a competitive basis with an emphasis on technical merit4 7f7 ,cost sharing ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall apply to an award of financial assistance made under this section4 ,f ,advanced ,research ,projects ,agency-,energy #fga4 ,,arpa-,e amendments ,section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7 is amended-- 7#a7 by amending paragraph 7#a7 of subsection 7c7 to read as follows3 7#a7 ,in general ,the goals of ,,arpa-,e shall be to enhance the economic and energy security of the ,united ,states and to ensure that the ,united ,states maintains a technological lead through the development of advanced energy technologies4 2 7#b7 in subsection 7i77#a71 by inserting ,,arpa-,e shall not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable4 after relevant research agencies42 7#c7 in subsection 7l77#a71 by inserting and once every #f years thereafter1 after operation for #f years12 and 7#d7 by redesignating subsection 7n7 as subsection 7o7 and inserting after subsection 7m7 the following new subsection3 7n7 ,protection of proprietary information 7#a7 ,in general ,the following categories of information collected by the ,advanced ,research ,projects ,agency-,energy from recipients of financial assistance awards shall be considered privileged and confidential and not subject to disclosure pursuant to section #eeb of title #e1 ,united ,states ,code3 7,a7 ,plans for commercialization of technologies developed under the award1 including business plans1 technology to market plans1 market studies1 and cost and performance models4 7,b7 ,investments provided to an awardee from third parties1 such as venture capital1 hedge fund1 or private equity firms1 including amounts and percentage of ownership of the awardee provided in return for such investments4 7,c7 ,additional financial support that the awardee plans to invest or has invested into the technology developed under the award1 or that the awardee is seeking from third parties4 7,d7 ,revenue from the licensing or sale of new products or services resulting from the research conducted under the award4 7#b7 ,effect of subsection ,nothing in this subsection affects-- 7,a7 the authority of the ,secretary to use information without publicly disclosing such information2 or 7,b7 the responsibility of the ,secretary to transmit information to ,congress as required by law4 4 ,g ,authorization of appropriations #fha4 ,authorization of appropriations 7a7 ,electricity ,delivery and ,energy ,reliability ,research and ,development ,there are authorized to be appropriated to the ,secretary for research1 development1 demonstration1 and commercial application for electrical delivery and energy reliability technology activities within the ,office of ,electricity #aac1jjj1jjj for each of fiscal years #bjaf and #bjag4 7b7 ,nuclear energy 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary for research1 development1 demonstration1 and commercial application for nuclear energy technology activities within the ,office of ,nuclear ,energy #ejd1fjj1jjj for each of fiscal years #bjaf and #bjag4 7#b7 ,limitation ,any amounts made available pursuant to the authorization of appropriations under paragraph 7#a7 shall not be derived from the ,nuclear ,waste ,fund established under section #cjb7;c7 of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajbbb7;c774 7c7 ,energy efficiency and renewable energy ,there are authorized to be appropriated to the ,secretary for research1 development1 demonstration1 and commercial application for energy efficiency and renewable energy technology activities within the ,office of ,energy ,efficiency and ,renewable ,energy #a1aic1ejj1jjj for each of fiscal years #bjaf and #bjag4 7d7 ,fossil energy ,there are authorized to be appropriated to the ,secretary for research1 development1 demonstration1 and commercial application for fossil energy technology activities within the ,office of ,fossil ,energy #fje1jjj1jjj for each of fiscal years #bjaf and #bjag4 7e7 ,,arpa-,e ,there are authorized to be appropriated to the ,secretary for the ,advanced ,research ,projects ,agency-,energy #adj1jjj1jjj for each of fiscal years #bjaf and #bjag4 ,h ,definitions #fia4 ,definitions ,in this title-- 7#a7 the term ,department means the ,department of ,energy2 and 7#b7 the term ,secretary means the ,secretary of ,energy4 ,,vii ,department of ,energy ,technology ,transfer ,a ,in ,general #gja4 ,definitions ,in this title3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,national ,laboratory ,the term ,national ,laboratory means a ,department of ,energy nonmilitary national laboratory1 including-- 7,a7 ,ames ,laboratory2 7,b7 ,argonne ,national ,laboratory2 7,c7 ,brookhaven ,national ,laboratory2 7,d7 ,fermi ,national ,accelerator ,laboratory2 7,e7 ,idaho ,national ,laboratory2 7,f7 ,lawrence ,berkeley ,national ,laboratory2 7,g7 ,national ,energy ,technology ,laboratory2 7,h7 ,national ,renewable ,energy ,laboratory2 7,i7 ,oak ,ridge ,national ,laboratory2 7,j7 ,pacific ,northwest ,national ,laboratory2 7,k7 ,princeton ,plasma ,physics ,laboratory2 7,l7 ,savannah ,river ,national ,laboratory2 7,m7 ,stanford ,linear ,accelerator ,center2 7,n7 ,thomas ,jefferson ,national ,accelerator ,facility2 and 7,o7 any laboratory operated by the ,national ,nuclear ,security ,administration1 but only with respect to the civilian energy activities thereof4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #gjb4 ,savings clause ,nothing in this title or an amendment made by this title abrogates or otherwise affects the primary responsibilities of any ,national ,laboratory to the ,department4 ,b ,innovation ,management at ,department of ,energy #gab4 ,technology transfer and transitions assessment ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report which shall include-- 7#a7 an assessment of the ,department's current ability to carry out the goals of section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia71 including an assessment of the role and effectiveness of the ,director of the ,office of ,technology ,transitions2 and 7#b7 recommended departmental policy changes and legislative changes to section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 to improve the ,department's ability to successfully transfer new energy technologies to the private sector4 #gac4 ,sense of ,congress ,it is the sense of the ,congress that the ,secretary should encourage the ,national ,laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this title4 #gad4 ,nuclear energy innovation ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report assessing the ,department's capabilities to authorize1 host1 and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at ,department-owned sites4 ,for purposes of this report1 the ,secretary shall consider the ,department's capabilities to facilitate privately-funded prototypes up to #bj megawatts thermal output4 ,the report shall address the following3 7#a7 ,the ,department's safety review and oversight capabilities4 7#b7 ,potential sites capable of hosting research1 development1 and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk4 7#c7 ,the ,department's and ,national ,laboratories' existing physical and technical capabilities relevant to research1 development1 and oversight4 7#d7 ,the efficacy of the ,department's available contractual mechanisms1 including cooperative research and development agreements1 work for others agreements1 and agreements for commercializing technology4 7#e7 ,potential cost structures related to physical security1 decommissioning1 liability1 and other long-term project costs4 7#f7 ,other challenges or considerations identified by the ,secretary1 including issues related to potential cases of demonstration reactors up to #b gigawatts of thermal output4 ,c ,cross-,sector ,partnerships and ,grant ,competitiveness #gba4 ,agreements for ,commercializing ,technology pilot program 7a7 ,in general ,the ,secretary shall carry out the ,agreements for ,commercializing ,technology pilot program of the ,department1 as announced by the ,secretary on ,december #h1 #bjaa1 in accordance with this section4 7b7 ,terms ,each agreement entered into pursuant to the pilot program referred to in subsection 7a7 shall provide to the contractor of the applicable ,national ,laboratory1 to the maximum extent determined to be appropriate by the ,secretary1 increased authority to negotiate contract terms1 such as intellectual property rights1 payment structures1 performance guarantees1 and multiparty collaborations4 7c7 ,eligibility 7#a7 ,in general ,any director of a ,national ,laboratory may enter into an agreement pursuant to the pilot program referred to in subsection 7a74 7#b7 ,agreements with non-,federal entities ,to carry out paragraph 7#a7 and subject to paragraph 7#c71 the ,secretary shall permit the directors of the ,national ,laboratories to execute agreements with a non-,federal entity1 including a non-,federal entity already receiving ,federal funding that will be used to support activities under agreements executed pursuant to paragraph 7#a71 provided that such funding is solely used to carry out the purposes of the ,federal award4 7#c7 ,restriction ,the requirements of chapter #ah of title #ce1 ,united ,states ,code 7commonly known as the ,bayh-,dole ,act7 shall apply if-- 7,a7 the agreement is a funding agreement 7as that term is defined in section #bja of that title72 and 7,b7 at least one of the parties to the funding agreement is eligible to receive rights under that chapter4 7d7 ,submission to ,secretary ,each affected director of a ,national ,laboratory shall submit to the ,secretary1 with respect to each agreement entered into under this section-- 7#a7 a summary of information relating to the relevant project2 7#b7 the total estimated costs of the project2 7#c7 estimated commencement and completion dates of the project2 and 7#d7 other documentation determined to be appropriate by the ,secretary4 7e7 ,certification ,the ,secretary shall require the contractor of the affected ,national ,laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- 7#a7 is not in direct competition with the private sector2 and 7#b7 does not present1 or minimizes1 any apparent conflict of interest1 and avoids or neutralizes any actual conflict of interest1 as a result of the agreement under this section4 7f7 ,extension ,the pilot program referred to in subsection 7a7 shall be extended until ,october #ca1 #bjag4 7g7 ,reports 7#a7 ,overall assessment ,not later than #fj days after the date described in subsection 7f71 the ,secretary1 in coordination with directors of the ,national ,laboratories1 shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that-- 7,a7 assesses the overall effectiveness of the pilot program referred to in subsection 7a72 7,b7 identifies opportunities to improve the effectiveness of the pilot program2 7,c7 assesses the potential for program activities to interfere with the responsibilities of the ,national ,laboratories to the ,department2 and 7,d7 provides a recommendation regarding the future of the pilot program4 7#b7 ,transparency ,the ,secretary1 in coordination with directors of the ,national ,laboratories1 shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate an annual report that accounts for all incidences of1 and provides a justification for1 non-,federal entities using funds derived from a ,federal contract or award to carry out agreements pursuant to this section4 #gbb4 ,public-private partnerships for commercialization 7a7 ,in general ,subject to subsections 7b7 and 7c71 the ,secretary shall delegate to directors of the ,national ,laboratories signature authority with respect to any agreement described in subsection 7b7 the total cost of which 7including the ,national ,laboratory contributions and project recipient cost share7 is less than #a million4 7b7 ,agreements ,subsection 7a7 applies to-- 7#a7 a cooperative research and development agreement2 7#b7 a non-,federal work-for-others agreement2 and 7#c7 any other agreement determined to be appropriate by the ,secretary1 in collaboration with the directors of the ,national ,laboratories4 7c7 ,administration 7#a7 ,accountability ,the director of the affected ,national ,laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the ,department1 including by ensuring that the agreement does not compromise any national security1 economic1 or environmental interest of the ,united ,states4 7#b7 ,certification ,the director of the affected ,national ,laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present1 or minimizes1 any apparent conflict of interest1 and avoids or neutralizes any actual conflict of interest1 as a result of the agreement under this section4 7#c7 ,availability of records ,on entering an agreement under this section1 the director of a ,national ,laboratory shall submit to the ,secretary for monitoring and review all records of the ,national ,laboratory relating to the agreement4 7#d7 ,rates ,the director of a ,national ,laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section1 regardless of the full cost of recovery1 if such funds are used exclusively to support further research and development activities at the respective ,national ,laboratory4 7d7 ,exception ,this section does not apply to any agreement with a majority foreign-owned company4 7e7 ,conforming amendment ,section #ab of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting the subparagraphs appropriately2 7,b7 by striking ,each ,federal agency and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,federal agency 2 and 7,c7 by adding at the end the following3 7#b7 ,exception ,notwithstanding paragraph 7#a71 in accordance with section #gbb7;a7 of the ,america ,,competes ,reauthorization ,act of #bjae1 approval by the ,secretary of ,energy shall not be required for any technology transfer agreement proposed to be entered into by a ,national ,laboratory of the ,department of ,energy1 the total cost of which 7including the ,national ,laboratory contributions and project recipient cost share7 is less than #a million4 2 and 7#b7 in subsection 7b71 by striking subsection 7a77#a7 each place it appears and inserting subsection 7a77#a77;,a74 #gbc4 ,inclusion of early-stage technology demonstration in authorized technology transfer activities ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended by-- 7#a7 redesignating subsection 7g7 as subsection 7h72 and 7#b7 inserting after subsection 7f7 the following3 7g7 ,early-,stage technology demonstration ,the ,secretary shall permit the directors of the ,national ,laboratories to use funds authorized to support technology transfer within the ,department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from ,national ,laboratory activities4 4 #gbd4 ,funding competitiveness for institutions of higher education and other nonprofit institutions ,section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,except as provided in paragraphs 7#b7 and 7#c7 and inserting ,except as provided in paragraphs 7#b71 7#c71 and 7#d72 and 7#b7 by adding at the end the following3 7#d7 ,exemption for institutions of higher education and other nonprofit institutions 7,a7 ,in general ,paragraph 7#a7 shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution 7as defined in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc774 7,b7 ,termination date ,the exemption under subparagraph 7,a7 shall apply during the #f-year period beginning on the date of enactment of this paragraph4 4 #gbe4 ,participation in the ,innovation ,corps program ,the ,secretary may enter into an agreement with the ,director of the ,national ,science ,foundation to enable researchers funded by the ,department to participate in the ,national ,science ,foundation ,innovation ,corps program4 ,d ,assessment of ,impact #gca4 ,report by ,government ,accountability ,office ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report-- 7#a7 describing the results of the projects developed under sections #gba1 #gbb1 and #gbc1 including information regarding-- 7,a7 partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research2 and 7,b7 whether the activities carried out under those projects result in-- 7i7 fiscal savings2 7ii7 expansion of ,national ,laboratory capabilities2 7iii7 increased efficiency of technology transfers2 or 7iv7 an increase in general efficiency of the ,national ,laboratory system2 and 7#b7 assess the scale1 scope1 efficacy1 and impact of the ,department's efforts to promote technology transfer and private sector engagement at the ,national ,laboratories1 and make recommendations on how the ,department can improve these activities4 ,,xxxiii ,nuclear ,energy ,innovation ,capabilities #ccja4 ,short title ,this title may be cited as the ,nuclear ,energy ,innovation ,capabilities ,act4 #ccjb4 ,nuclear energy ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is amended to read as follows3 #iea4 ,nuclear energy 7a7 ,mission ,the ,secretary shall conduct programs of civilian nuclear research1 development1 demonstration1 and commercial application1 including activities in this subtitle4 ,such programs shall take into consideration the following objectives3 7#a7 ,providing research infrastructure to promote scientific progress and enable users from academia1 the ,national ,laboratories1 and the private sector to make scientific discoveries relevant for nuclear1 chemical1 and materials science engineering4 7#b7 ,maintaining ,national ,laboratory and university nuclear energy research and development programs1 including their infrastructure4 7#c7 ,providing the technical means to reduce the likelihood of nuclear weapons proliferation and increasing confidence margins for public safety of nuclear energy systems4 7#d7 ,reducing the environmental impact of nuclear energy related activities4 7#e7 ,supporting technology transfer from the ,national ,laboratories to the private sector4 7#f7 ,enabling the private sector to partner with the ,national ,laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the aforementioned objectives in this subsection4 7b7 ,definitions ,in this subtitle3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors1 which may include inherent safety features1 lower waste yields1 greater fuel utilization1 superior reliability1 resistance to proliferation1 and increased thermal efficiency2 or 7,b7 a nuclear fusion reactor4 7#b7 ,fast neutron ,the term fast neutron means a neutron with kinetic energy above #ajj kiloelectron volts4 7#c7 ,national laboratory ,the term ,national ,laboratory has the meaning given that term in paragraph 7#c7 of section #b1 except that with respect to subparagraphs 7,g71 7,h71 and 7,n7 of such paragraph1 for purposes of this subtitle the term includes only the civilian activities thereof4 7#d7 ,neutron flux ,the term neutron flux means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area4 7#e7 ,neutron source ,the term neutron source means a research machine that provides neutron irradiation services for research on materials sciences and nuclear physics as well as testing of advanced materials1 nuclear fuels1 and other related components for reactor systems4 4 #ccjc4 ,nuclear energy research programs ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended-- 7#a7 by striking subsection 7c72 and 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 #ccjd4 ,advanced fuel cycle initiative ,section #iec7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7;a77 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 #ccje4 ,university nuclear science and engineering support ,section #ied7;d77#d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;d77#d77 is amended by striking as part of a taking into consideration effort that emphasizes and inserting that emphasize4 #ccjf4 ,department of ,energy civilian nuclear infrastructure and facilities ,section #iee of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge7 is amended-- 7#a7 by striking subsections 7c7 and 7d72 and 7#b7 by adding at the end the following3 7c7 ,versatile neutron source 7#a7 ,mission need ,not later than ,december #ca1 #bjaf1 the ,secretary shall determine the mission need for a versatile reactor-based fast neutron source1 which shall operate as a national user facility4 ,during this process1 the ,secretary shall consult with the private sector1 universities1 ,national ,laboratories1 and relevant ,federal agencies to ensure that this user facility will meet the research needs of the largest possible majority of prospective users4 7#b7 ,establishment ,upon the determination of mission need made under paragraph 7#a71 the ,secretary shall1 as expeditiously as possible1 provide to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a detailed plan for the establishment of the user facility4 7#c7 ,facility requirements 7,a7 ,capabilities ,the ,secretary shall ensure that this user facility will provide1 at a minimum1 the following capabilities3 7i7 ,fast neutron spectrum irradiation capability4 7ii7 ,capacity for upgrades to accommodate new or expanded research needs4 7,b7 ,considerations ,in carrying out the plan provided under paragraph 7#b71 the ,secretary shall consider the following3 7i7 ,capabilities that support experimental high-temperature testing4 7ii7 ,providing a source of fast neutrons at a neutron flux1 higher than that at which current research facilities operate1 sufficient to enable research for an optimal base of prospective users4 7iii7 ,maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible4 7iv7 ,capabilities for irradiation with neutrons of a lower energy spectrum4 7v7 ,multiple loops for fuels and materials testing in different coolants4 7vi7 ,additional pre-irradiation and post-irradiation examination capabilities4 7vii7 ,lifetime operating costs and lifecycle costs4 7#d7 ,reporting progress ,the ,department shall1 in its annual budget requests1 provide an explanation for any delay in its progress and otherwise make every effort to complete construction and approve the start of operations for this facility by ,december #ca1 #bjbe4 7#e7 ,coordination ,the ,secretary shall leverage the best practices for management1 construction1 and operation of national user facilities from the ,office of ,science4 4 #ccjg4 ,security of nuclear facilities ,section #ief of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgf7 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 #ccjh4 ,high-performance computation and supportive research ,section #ieg of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgg7 is amended to read as follows3 #ieg4 ,high-performance computation and supportive research 7a7 ,modeling and simulation ,the ,secretary shall carry out a program to enhance the ,nation's capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques4 ,this program shall coordinate with relevant ,federal agencies through the ,national ,strategic ,computing ,initiative created under ,executive ,order ,no4 #acgjb 7,july #bi1 #bjae7 while taking into account the following objectives3 7#a7 ,utilizing expertise from the private sector1 universities1 and ,national ,laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems1 and reactor systems for space exploration4 7#b7 ,developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation4 7#c7 ,increasing the utility of the ,department's research infrastructure by coordinating with the ,advanced ,scientific ,computing ,research program within the ,office of ,science4 7#d7 ,leveraging experience from the ,energy ,innovation ,hub for ,modeling and ,simulation4 7#e7 ,ensuring that new experimental and computational tools are accessible to relevant research communities4 7b7 ,supportive research activities ,the ,secretary shall consider support for additional research activities to maximize the utility of its research facilities1 including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools4 4 #ccji4 ,enabling nuclear energy innovation ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #ieh4 ,enabling nuclear energy innovation 7a7 ,national reactor innovation center ,the ,secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector4 ,the ,secretary shall leverage the technical expertise of relevant ,federal agencies and ,national ,laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at ,national ,laboratories or other ,department-owned sites4 ,such reactors shall operate to meet the following objectives3 7#a7 ,enabling physical validation of novel reactor concepts4 7#b7 ,resolving technical uncertainty and increasing practical knowledge relevant to safety1 resilience1 security1 and functionality of first-of-a-kind reactor concepts4 7#c7 ,general research and development to improve nascent technologies4 7b7 ,reporting requirement ,not later than #ahj days after the date of enactment of the ,nuclear ,energy ,innovation ,capabilities ,act1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report assessing the ,department's capabilities to authorize1 host1 and oversee privately funded experimental advanced nuclear reactors as described under subsection 7a74 ,the report shall address the following3 7#a7 ,the ,department's oversight capabilities1 including options to leverage expertise from the ,nuclear ,regulatory ,commission and ,national ,laboratories4 7#b7 ,potential sites capable of hosting activities described under subsection 7a74 7#c7 ,the efficacy of the ,department's available contractual mechanisms to partner with the private sector and ,federal agencies1 including cooperative research and development agreements1 strategic partnership projects1 and agreements for commercializing technology4 7#d7 ,potential cost structures related to long-term projects1 including physical security1 distribution of liability1 and other related costs4 7#e7 ,other challenges or considerations identified by the ,secretary4 4 #ccaj4 ,budget plan 7a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is further amended by adding at the end the following3 #iei4 ,budget plan ,not later than #ab months after the date of enactment of the ,nuclear ,energy ,innovation ,capabilities ,act1 the ,department shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate #b alternative #aj-year budget plans for civilian nuclear energy research and development by the ,department4 ,the first shall assume constant annual funding for #aj years at the appropriated level for the ,department's civilian nuclear energy research and development for fiscal year #bjaf4 ,the second shall be an unconstrained budget4 ,the two plans shall include-- 7#a7 a prioritized list of the ,department's programs1 projects1 and activities to best support the development of advanced nuclear reactor technologies2 7#b7 realistic budget requirements for the ,department to implement sections #iee7;c71 #ieg1 and #ieh of this ,act2 and 7#c7 the ,department's justification for continuing or terminating existing civilian nuclear energy research and development programs4 4 7b7 ,report on ,fusion ,innovation ,not later than #f months after the date of enactment of this title1 the ,secretary of the ,department of ,energy shall transmit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that will identify engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than #ae years after the start of construction4 ,in this report1 the ,secretary will identify budgetary requirements that would be necessary for the ,department to carry out a fusion innovation initiative to accelerate research and development of these designs4 #ccaa4 ,conforming amendments ,the table of contents for the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #ieg and inserting the following3 #ieg4 ,high-performance computation and supportive research4 #ieh4 ,enabling nuclear energy innovation4 #iei4 ,budget plan4 4 ,clerk4