#aadth ,,congress #b;d ,session ,s4 #bjab ,,an ,,act ,to provide for the modernization of the energy policy of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,policy ,modernization ,act of #bjaf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,efficiency,subtitle ,a--,buildings,sec4 #ajja4 ,greater energy efficiency in building codes4,sec4 #ajjb4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units4,sec4 #ajjc4 ,coordination of energy retrofitting assistance for schools4,sec4 #ajjd4 ,energy efficiency materials pilot program4,sec4 #ajje4 ,utility energy service contracts4,sec4 #ajjf4 ,use of energy and water efficiency measures in ,federal buildings4,sec4 #ajjg4 ,building training and assessment centers4,sec4 #ajjh4 ,career skills training4,sec4 #ajji4 ,energy-efficient and energy-saving information technologies4,sec4 #ajaj4 ,availability of funds for design updates4,sec4 #ajaa4 ,energy efficient data centers4,sec4 #ajab4 ,weatherization ,assistance ,program4,sec4 #ajac4 ,reauthorization of ,state energy program4,sec4 #ajad4 ,smart building acceleration4,sec4 #ajae4 ,repeal of fossil phase-out4,sec4 #ajaf4 ,federal building energy efficiency performance standards4,sec4 #ajag4 ,codification of ,executive ,order4,sec4 #ajah4 ,certification for green buildings4,sec4 #ajai4 ,high performance green federal buildings4,sec4 #ajbj4 ,evaluation of potentially duplicative green building programs4,sec4 #ajba4 ,study and report on energy savings benefits of operational efficiency programs and services4,sec4 #ajbb4 ,use of ,federal disaster relief and emergency assistance for energy-efficient products and structures4,sec4 #ajbc4 ,watersense4,subtitle ,b--,appliances,sec4 #aaja4 ,extended product system rebate program4,sec4 #aajb4 ,energy efficient transformer rebate program4,sec4 #aajc4 ,standards for certain furnaces4,sec4 #aajd4 ,third-party certification under ,energy ,star program4,sec4 #aaje4 ,energy conservation standards for commercial refrigeration equipment4,sec4 #aajf4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products4,sec4 #aajg4 ,application of energy conservation standards to certain external power supplies4,subtitle ,c--,manufacturing,sec4 #abja4 ,manufacturing energy efficiency4,sec4 #abjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers4,sec4 #abjc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4,subtitle ,d--,vehicles,sec4 #acja4 ,short title4,sec4 #acjb4 ,objectives4,sec4 #acjc4 ,coordination and nonduplication4,sec4 #acjd4 ,authorization of appropriations4,sec4 #acje4 ,reporting4,,part ,i--,vehicle ,research and ,development,sec4 #acjf4 ,program4,sec4 #acjg4 ,manufacturing4,,part ,,ii--,medium- and ,heavy-,duty ,commercial and ,transit ,vehicles,sec4 #acjh4 ,program4,sec4 #acji4 ,class #h truck and trailer systems demonstration4,sec4 #acaj4 ,technology testing and metrics4,sec4 #acaa4 ,nonroad systems pilot program4,,part ,,iii--,administration,sec4 #acab4 ,repeal of existing authorities4,sec4 #acac4 ,reauthorization of diesel emissions reduction program4,sec4 #acad4 ,gaseous fuel dual fueled automobiles4,subtitle ,e--,short title,sec4 #adja4 ,short title4,subtitle ,f--,housing ,sec4 #aeja4 ,definitions4 ,sec4 #aejb4 ,enhanced energy efficiency underwriting criteria4 ,sec4 #aejc4 ,enhanced energy efficiency underwriting valuation guidelines4 ,sec4 #aejd4 ,monitoring4 ,sec4 #aeje4 ,rulemaking4 ,sec4 #aejf4 ,additional study4,,title ,,ii--,infrastructure,subtitle ,a--,cybersecurity,sec4 #bjja4 ,cybersecurity threats4,sec4 #bjjb4 ,enhanced grid security4,subtitle ,b--,strategic ,petroleum ,reserve,sec4 #baja4 ,strategic ,petroleum ,reserve modernization4,sec4 #bajb4 ,strategic petroleum reserve drawdown and sale4,subtitle ,c--,trade,sec4 #bbja4 ,action on applications to export liquefied natural gas4,sec4 #bbjb4 ,public disclosure of liquefied natural gas export destinations4,sec4 #bbjc4 ,energy data collaboration4,subtitle ,d--,electricity and energy storage,sec4 #bcja4 ,grid storage program4,sec4 #bcjb4 ,electric system grid architecture1 scenario development1 and modeling4,sec4 #bcjc4 ,hybrid micro-grid systems for isolated and resilient communities4,sec4 #bcjd4 ,voluntary model pathways4,sec4 #bcje4 ,performance metrics for electricity infrastructure providers4,sec4 #bcjf4 ,state and regional electricity distribution planning4,sec4 #bcjg4 ,authorization of appropriations4,sec4 #bcjh4 ,electric transmission infrastructure permitting4,sec4 #bcji4 ,report by transmission organizations on distributed energy resources and micro-grid systems4,sec4 #bcaj4 ,net metering study guidance4,sec4 #bcaa4 ,model guidance for combined heat and power systems and waste heat to power systems4,subtitle ,e--,computing,sec4 #bdja4 ,exascale computer research program4,,title ,,iii--,supply,subtitle ,a--,renewables,p,a,r,t ,i--,hydroelectric,sec4 #cjja4 ,hydropower regulatory improvements4,sec4 #cjjb4 ,hydroelectric production incentives and efficiency improvements4,sec4 #cjjc4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,clark ,canyon ,dam4,sec4 #cjjd4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,gibson ,dam4,,part ,,ii--,geothermal,s,u,b,p,a,r,t ,a--,geothermal energy,sec4 #cjje4 ,national goals for production and site identification4,sec4 #cjjf4 ,priority areas for development on ,federal land4,sec4 #cjjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases4,sec4 #cjjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4,sec4 #cjji4 ,report to ,congress4,sec4 #cjaj4 ,authorization of appropriations4,,subpart ,b--,development of geothermal1 solar1 and wind energy on public land ,sec4 #cjaa4 ,definitions4 ,sec4 #cjaa;,a4 ,land use planning2 supplements to programmatic environmental impact statements4 ,sec4 #cjaa;,b4 ,environmental review on covered land4 ,sec4 #cjaa;,c4 ,program to improve renewable energy project permit coordination4 ,sec4 #cjaa;,d4 ,savings clause4,,subpart ,c--,geothermal exploration,sec4 #cjab4 ,geothermal exploration test projects4,,part ,,iii--,marine ,hydrokinetic,sec4 #cjac4 ,definition of marine and hydrokinetic renewable energy4,sec4 #cjad4 ,marine and hydrokinetic renewable energy research and development4,sec4 #cjae4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4,sec4 #cjaf4 ,authorization of appropriations4,,part ,,iv--,biomass,sec4 #cjag4 ,policies relating to biomass energy4,subtitle ,b--,oil and ,gas,sec4 #caja4 ,amendments to the ,methane ,hydrate ,research and ,development ,act of #bjjj4,sec4 #cajb4 ,liquefied natural gas study4,sec4 #cajc4 ,,ferc process coordination with respect to regulatory approval of gas projects4,sec4 #cajd4 ,pilot program4,sec4 #caje4 ,,gao review and report4,sec4 #cajf4 ,ethane storage study4,sec4 #cajg4 ,aliso ,canyon natural gas leak task force4,sec4 #cajh4 ,report on incorporating ,internet-based lease sales4,sec4 #caji4 ,denali ,national ,park and ,preserve natural gas pipeline4,subtitle ,c--,helium ,sec4 #cbja4 ,rights to helium4,subtitle ,d--,critical ,minerals,sec4 #ccja4 ,definitions4,sec4 #ccjb4 ,policy4,sec4 #ccjc4 ,critical mineral designations4,sec4 #ccjd4 ,resource assessment4,sec4 #ccje4 ,permitting4,sec4 #ccjf4 ,federal ,register process4,sec4 #ccjg4 ,recycling1 efficiency1 and alternatives4,sec4 #ccjh4 ,analysis and forecasting4,sec4 #ccji4 ,education and workforce4,sec4 #ccaj4 ,national geological and geophysical data preservation program4,sec4 #ccaa4 ,administration4,sec4 #ccab4 ,authorization of appropriations4,subtitle ,e--,coal,sec4 #cdja4 ,sense of the ,senate on carbon capture1 use1 and storage development and deployment4,sec4 #cdjb4 ,fossil energy4,sec4 #cdjc4 ,establishment of coal technology program4,sec4 #cdjd4 ,report on price stabilization support4,subtitle ,f--,nuclear,sec4 #ceja4 ,nuclear energy innovation capabilities4,sec4 #cejb4 ,next generation nuclear plant project4,subtitle ,g--,workforce development,sec4 #cfja4 #bast ,century ,energy ,workforce ,advisory ,board4,sec4 #cfjb4 ,energy workforce pilot grant program4,subtitle ,h--,recycling,sec4 #cgja4 ,recycled carbon fiber4,sec4 #cgjb4 ,energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics4,sec4 #cgjc4 ,eligible projects4,sec4 #cgjd4 ,promoting use of reclaimed refrigerants in ,federal facilities4,subtitle ,i--,thermal energy ,sec4 #chja4 ,modifying the definition of renewable energy to include thermal energy4,,title ,,iv--,accountability,subtitle ,a--,loan programs,sec4 #djja4 ,terms and conditions for incentives for innovative technologies4,sec4 #djjb4 ,state loan eligibility4,sec4 #djjc4 ,,gao ,study on fossil loan guarantee incentive program4,sec4 #djjd4 ,program eligibility for vessels4,sec4 #djje4 ,additional reforms4,sec4 #djjf4 ,department of ,energy ,indian energy education planning and management assistance program4,subtitle ,b--,energy-,water nexus,sec4 #daja4 ,nexus of energy and water for sustainability4,sec4 #dajb4 ,smart energy and water efficiency pilot program4,subtitle ,c--,innovation,sec4 #dbja4 ,america ,,competes programs4,sec4 #dbjb4 ,inclusion of early stage technology demonstration in authorized technology transfer activities4,sec4 #dbjc4 ,supporting access of small business concerns to ,national ,laboratories4,sec4 #dbjd4 ,microlab technology commercialization4,sec4 #dbje4 ,sense of the ,senate on accelerating energy innovation4,sec4 #dbjf4 ,restoration of ,laboratory ,directed ,research and ,development ,program4,sec4 #dbjg4 ,national ,science and ,technology ,council coordinating subcommittee for high-energy physics4,subtitle ,d--,grid reliability,sec4 #dcja4 ,bulk-power system reliability impact statement4,sec4 #dcjb4 ,report by transmission organizations on diversity of supply4,subtitle ,e--,management,sec4 #ddja4 ,federal land management4,sec4 #ddjb4 ,quadrennial ,energy ,review4,sec4 #ddjc4 ,state oversight of oil and gas programs4,sec4 #ddjd4 ,under ,secretary for ,science and ,energy4,sec4 #ddje4 ,western ,area ,power ,administration pilot project4,sec4 #ddjf4 ,research grants database4,sec4 #ddjg4 ,review of economic impact of ,,bsee rule on small entities4,sec4 #ddjh4 ,energy emergency response efforts of the ,department4,sec4 #ddji4 ,,gao report on ,bureau of ,safety and ,environmental ,enforcement statutory and regulatory authority for the procurement of helicopter fuel4,sec4 #ddaj4 ,conveyance of federal land within the ,swan ,lake hydroelectric project boundary4,sec4 #ddaa4 ,study of waivers of certain cost-sharing requirements4,sec4 #ddab4 ,national park centennial4,sec4 #ddac4 ,program to reduce the potential impacts of solar energy facilities on certain species4,sec4 #ddad4 ,wild horses in and around the ,currituck ,national ,wildlife ,refuge4,subtitle ,f--,markets,sec4 #deja4 ,enhanced information on critical energy supplies4,sec4 #dejb4 ,working ,group on ,energy ,markets4,sec4 #dejc4 ,study of regulatory framework for energy markets4,subtitle ,g--,affordability,sec4 #dfja4 ,e-prize competition pilot program4,sec4 #dfjb4 ,carbon dioxide capture technology prize4,subtitle ,h--,code maintenance,sec4 #dgja4 ,repeal of off-highway motor vehicles study4,sec4 #dgjb4 ,repeal of methanol study4,sec4 #dgjc4 ,repeal of authorization of appropriations provision4,sec4 #dgjd4 ,repeal of residential energy efficiency standards study4,sec4 #dgje4 ,repeal of weatherization study4,sec4 #dgjf4 ,repeal of report to ,congress4,sec4 #dgjg4 ,repeal of report by ,general ,services ,administration4,sec4 #dgjh4 ,repeal of intergovernmental energy management planning and coordination workshops4,sec4 #dgji4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress4,sec4 #dgaj4 ,repeal of procurement and identification of energy efficient products program4,sec4 #dgaa4 ,repeal of national action plan for demand response4,sec4 #dgab4 ,repeal of national coal policy study4,sec4 #dgac4 ,repeal of study on compliance problem of small electric utility systems4,sec4 #dgad4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development4,sec4 #dgae4 ,repeal of study of the use of petroleum and natural gas in combustors4,sec4 #dgaf4 ,repeal of submission of reports4,sec4 #dgag4 ,repeal of electric utility conservation plan4,sec4 #dgah4 ,emergency ,energy ,conservation repeals4,sec4 #dgai4 ,energy ,security ,act repeals4,sec4 #dgbj4 ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj repeals4,sec4 #dgba4 ,elimination and consolidation of certain ,america ,,competes programs4,sec4 #dgbb4 ,repeal of state utility regulatory assistance4,sec4 #dgbc4 ,repeal of survey of energy saving potential4,sec4 #dgbd4 ,repeal of photovoltaic energy program4,sec4 #dgbe4 ,repeal of energy auditor training and certification4,sec4 #dgbf4 ,repeal of authorization of appropriations4,sec4 #dgbg4 ,repeal of ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi4,sec4 #dgbh4 ,repeal of hydrogen research1 development1 and demonstration program4,sec4 #dgbi4 ,repeal of study on alternative fuel use in nonroad vehicles and engines4,sec4 #dgcj4 ,repeal of low interest loan program for small business fleet purchases4,sec4 #dgca4 ,repeal of technical and policy analysis for replacement fuel demand and supply information4,sec4 #dgcb4 ,repeal of #aiib ,report on ,climate ,change4,sec4 #dgcc4 ,repeal of ,director of ,climate ,protector establishment4,sec4 #dgcd4 ,repeal of #aiid report on global climate change emissions4,sec4 #dgce4 ,repeal of telecommuting study4,sec4 #dgcf4 ,repeal of advanced buildings for #bjje program4,sec4 #dgcg4 ,repeal of ,energy ,research1 ,development1 ,demonstration1 and ,commercial ,application ,advisory ,board4,sec4 #dgch4 ,repeal of study on use of energy futures for fuel purchase4,sec4 #dgci4 ,repeal of energy subsidy study4,sec4 #dgdj4 ,modernization of terms relating to minorities4,,title ,v--,conservation reauthorization,sec4 #ejja4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund4,sec4 #ejjb4 ,land and ,water ,conservation ,fund4,sec4 #ejjc4 ,historic ,preservation ,fund4,sec4 #ejjd4 ,conservation incentives landowner education program4,,title ,,vi--,indian tribal energy development and self-determination ,sec4 #fjja4 ,short title4 ,subtitle ,a--,indian tribal energy development and self-determination act amendments ,sec4 #fjaa4 ,indian tribal energy resource development4 ,sec4 #fjab4 ,indian tribal energy resource regulation4 ,sec4 #fjac4 ,tribal energy resource agreements4 ,sec4 #fjad4 ,technical assistance for ,indian tribal governments4 ,sec4 #fjae4 ,conforming amendments4 ,sec4 #fjaf4 ,report4 ,subtitle ,b--,miscellaneous amendments ,sec4 #fbja4 ,issuance of preliminary permits or licenses4 ,sec4 #fbjb4 ,tribal biomass demonstration project4 ,sec4 #fbjc4 ,weatherization program4 ,sec4 #fbjd4 ,appraisals4 ,sec4 #fbje4 ,leases of restricted lands for ,navajo ,nation4 ,sec4 #fbjf4 ,extension of tribal lease period for the ,crow ,tribe of ,montana4 ,sec4 #fbjg4 ,trust status of lease payments4,,title ,,vii--,brownfields reauthorization ,sec4 #gjja4 ,short title4 ,sec4 #gjjb4 ,expanded eligibility for nonprofit organizations4 ,sec4 #gjjc4 ,multipurpose brownfields grants4 ,sec4 #gjjd4 ,treatment of certain publicly owned brownfield sites4 ,sec4 #gjje4 ,increased funding for remediation grants4 ,sec4 #gjjf4 ,allowing administrative costs for grant recipients4 ,sec4 #gjjg4 ,small community technical assistance grants4 ,sec4 #gjjh4 ,waterfront brownfields grants4 ,sec4 #gjji4 ,clean energy brownfields grants4 ,sec4 #gjaj4 ,targeted funding for ,states4 ,sec4 #gjaa4 ,authorization of appropriations4,,title ,,viii--,miscellaneous ,sec4 #hjja4 ,removal of use restriction4,,title ,,ix--,miscellaneous ,sec4 #ijja4 ,interagency transfer of land along ,george ,washington ,memorial ,parkway4,,title ,x--,natural ,resources ,subtitle ,a--,land conveyances and related matters ,sec4 #ajjja4 ,arapaho ,national ,forest boundary adjustment4 ,sec4 #ajjjb4 ,land conveyance1 ,elkhorn ,ranch and ,white ,river ,national ,forest1 ,colorado4 ,sec4 #ajjjc4 ,land exchange in ,crags1 ,colorado4 ,sec4 #ajjjd4 ,cerro del ,yuta and ,ro ,san ,antonio ,wilderness ,areas4 ,sec4 #ajjje4 ,clarification relating to a certain land description under the ,northern ,arizona ,land ,exchange and ,verde ,river ,basin ,partnership ,act of #bjje4 ,sec4 #ajjjf4 ,cooper ,spur land exchange clarification amendments4 ,sec4 #ajjjg4 ,expedited access to certain ,federal land4 ,sec4 #ajjjh4 ,black ,hills ,national ,cemetery boundary modification4 ,subtitle ,b--,national ,park ,management1 ,studies1 and ,related ,matters ,sec4 #ajaja4 ,refund of funds used by ,states to operate national parks during shutdown4 ,sec4 #ajajb4 ,lower ,farmington and ,salmon ,brook recreational rivers4 ,sec4 #ajajc4 ,special resource study of ,president ,street ,station4 ,sec4 #ajajd4 ,special resource study of ,thurgood ,marshall's elementary school4 ,sec4 #ajaje4 ,special resource study of ,james ,k4 ,polk presidential home4 ,sec4 #ajajf4 ,north ,country ,national ,scenic ,trail route adjustment4 ,sec4 #ajajg4 ,designation of ,jay ,s4 ,hammond ,wilderness ,area4 ,sec4 #ajajh4 ,advisory ,council on ,historic ,preservation4 ,sec4 #ajaji4 ,establishment of a visitor services facility on the ,arlington ,ridge tract4 ,subtitle ,c--,sportsmen's access and land management issues ,,part ,i--,national policy ,sec4 #ajbja4 ,congressional declaration of national policy4 ,,part ,,ii--,sportsmen's access to federal land ,sec4 #ajbaa4 ,definitions4 ,sec4 #ajbab4 ,federal land open to hunting1 fishing1 and recreational shooting4 ,sec4 #ajbac4 ,closure of ,federal land to hunting1 fishing1 and recreational shooting4 ,sec4 #ajbad4 ,shooting ranges4 ,sec4 #ajbae4 ,federal action transparency4 ,,part ,,iii--,filming on federal land management agency land ,sec4 #ajbba4 ,commercial filming4 ,,part ,,iv--,bows1 wildlife management1 and access opportunities for recreation1 hunting1 and fishing ,sec4 #ajbca4 ,bows in parks4 ,sec4 #ajbcb4 ,wildlife management in parks4 ,sec4 #ajbcc4 ,identifying opportunities for recreation1 hunting1 and fishing on ,federal land4 ,,part ,v--,federal land transaction facilitation act ,sec4 #ajbda4 ,federal ,land ,transaction ,facilitation ,act4 ,,part ,,vi--,fish and wildlife conservation ,sec4 #ajbea4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act4 ,sec4 #ajbeb4 ,north ,american ,wetlands ,conservation ,act4 ,sec4 #ajbec4 ,national fish habitat conservation4 ,sec4 #ajbed4 ,gulf ,states ,marine ,fisheries ,commission report on ,gulf of ,mexico outer ,continental ,shelf ,state boundary extension4 ,sec4 #ajbee4 ,,gao report on ,gulf of ,mexico outer ,continental ,shelf ,state boundary extension4 ,,part ,,vii--,miscellaneous ,sec4 #ajbfa4 ,respect for treaties and rights4 ,sec4 #ajbfb4 ,no priority4 ,subtitle ,d--,water infrastructure and related matters ,,part ,i--,fontenelle ,reservoir ,sec4 #ajcja4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use4 ,sec4 #ajcjb4 ,savings provisions4 ,,part ,,ii--,bureau of ,reclamation transparency ,sec4 #ajcaa4 ,definitions4 ,sec4 #ajcab4 ,asset management report enhancements for reserved works4 ,sec4 #ajcac4 ,asset management report enhancements for transferred works4 ,sec4 #ajcad4 ,offset4 ,,part ,,iii--,basin water management ,,subpart ,a--,yakima ,river ,basin ,water ,enhancement ,sec4 #ajcba4 ,short title4 ,sec4 #ajcbb4 ,modification of terms1 purposes1 and definitions4 ,sec4 #ajcbc4 ,yakima ,river ,basin ,water ,conservation ,program4 ,sec4 #ajcbd4 ,yakima ,basin water projects1 operations1 and authorizations4 ,sec4 #ajcbe4 ,authorization of ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project4 ,,subpart ,b--,klamath ,project water and power ,sec4 #ajcbi4 ,klamath ,project4 ,,part ,,iv--,reservoir operation improvement ,sec4 #ajcca4 ,reservoir operation improvement4 ,,part ,v--,hydroelectric projects ,sec4 #ajcda4 ,terror ,lake ,hydroelectric ,project ,upper ,hidden ,basin ,diversion authorization4 ,sec4 #ajcdb4 ,stay and ,reinstatement of ,,ferc ,license ,no4 #aacic for the ,mahoney ,lake ,hydroelectric ,project4 ,sec4 #ajcdc4 ,extension of deadline for hydroelectric project4 ,sec4 #ajcdd4 ,extension of deadline for certain other hydroelectric projects4 ,sec4 #ajcde4 ,equus ,beds ,division extension4 ,sec4 #ajcdf4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,cannonsville ,dam4 ,,part ,,vi--,pumped storage hydropower compensation ,sec4 #ajcea4 ,pumped storage hydropower compensation4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,i ,efficiency ,a ,buildings #ajja4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is 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 and standards developed and updated through a consensus process among interested persons1 such as the ,,iecc or the code used by-- 7,a7 the ,council of ,american ,building ,officials1 or its legal successor1 ,international ,code ,council1 ,inc42 7,b7 the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers2 or 7,c7 other appropriate organizations4 2 and 7#b7 by adding at the end the following3 7#ag7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code4 7#ah7 ,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 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-- 7#a7 encourage and support the adoption of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments that meet or exceed the model building energy codes1 or achieve equivalent or greater energy savings2 and 7#b7 support full compliance with the ,state 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 #b years after the date on which a model building energy code is updated1 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 demonstration of whether or not the energy savings for the code provisions that are in effect throughout the ,state or ,indian tribal territory meet or exceed-- 7i7 the energy savings of the updated 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 #b 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 and 7,b7 if the determination is positive1 validate the certification4 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 and ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state and ,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 and ,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 compliance1 respectively4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 independent 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 and 7,b7 if the determination is positive1 validate the certification4 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-- 7,a7 the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification2 and 7,b7 a plan for meeting the requirements and submitting the certification4 7#b7 ,federal support ,for any ,state or ,indian tribe for which the ,secretary has not validated a certification by a deadline under subsection 7b7 or 7c71 the lack of the certification may be a consideration for ,federal support authorized under this section for code adoption and compliance activities4 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 the 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 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 ,the ,secretary shall provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section1 including procedures and technical analysis for ,states and ,indian tribes-- 7#a7 to improve and implement ,state residential and commercial building energy codes2 7#b7 to demonstrate that the code provisions of the ,states and ,indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets2 7#c7 to document the rate of compliance with a building energy code2 and 7#d7 to otherwise promote the design and construction of energy efficient buildings4 7f7 ,availability of incentive funding 7#a7 ,in general ,the ,secretary shall provide incentive funding to ,states and ,indian tribes-- 7,a7 to implement the requirements of this section2 7,b7 to improve and implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 local1 and tribal building code officials to implement and enforce the codes2 and 7,c7 to promote building energy efficiency through the use of the codes4 7#b7 ,additional funding ,additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection 7c7-- 7,a7 to a ,state or ,indian tribe for which the ,secretary has validated a certification under subsection 7b7 or 7c72 and 7,b7 in a ,state or ,indian tribe that is not eligible under subparagraph 7,a71 to a local government that is eligible under this section4 7#c7 ,training ,of the amounts made available under this subsection1 the ,state or ,indian tribe may use amounts required1 but not to exceed #gej1jjj for a ,state1 to train ,state and local building code officials to implement and enforce codes described in paragraph 7#b74 7#d7 ,local governments ,states may share grants under this subsection with local governments that implement and enforce the codes4 7g7 ,stretch codes and advanced standards 7#a7 ,in general ,the ,secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as-- 7,a7 an option for adoption as a building energy code by ,state1 local1 or tribal governments2 and 7,b7 guidelines for energy-efficient building design4 7#b7 ,targets ,the stretch codes and advanced standards 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 at least #c to #f years in advance of the target years4 7h7 ,studies ,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 measured lifetimes1 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 action1 and verification of compliance with and enforcement of a code other than by a ,state or local government4 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 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and section #cjg #bjj1jjj1jjj1 to remain available until expended4 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 each place it appears in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes ,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 support the updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph 7#b74 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall work with ,states1 local governments1 and ,indian tribes1 nationally recognized code and standards developers1 and other interested parties to support the updating of model building energy codes by establishing one or more aggregate energy savings targets to achieve the purposes of this section4 7,b7 ,separate targets ,the ,secretary may establish separate targets 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 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 technologically feasible and life-cycle cost effective1 while accounting for the economic considerations under paragraph 7#d72 7,,ii7 is higher than the preceding target2 and 7,,iii7 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 7iv7 ,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-aba74 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing building code 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 systems2 7,d7 building management systems and ,smart,grid technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems that the ,secretary considers appropriate regarding building plug load and other energy uses4 7#d7 ,economic considerations ,in establishing and revising building code 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 including a return on investment analysis4 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 ,assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating code or standards proposals or revisions2 7,b7 building energy analysis and design tools2 7,c7 building demonstrations2 7,d7 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,e7 performance-based standards2 7,f7 evaluating economic considerations under subsection 7b77#d72 and 7,g7 developing model building energy codes by ,indian tribes in accordance with tribal law4 7#c7 ,amendment proposals ,the ,secretary may submit timely model building energy code amendment proposals 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#d7 ,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 7d7 ,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 will-- 7,a7 improve energy efficiency in buildings compared to the existing model building energy code2 and 7,b7 meet the applicable targets under subsection 7b77#b74 7#b7 ,codes or standards not meeting targets 7,a7 ,in general ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a code or standard does not meet the targets established under subsection 7b77#b71 the ,secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence1 taking into consideration-- 7i7 whether the modified code is technically feasible and life-cycle cost effective2 7ii7 available appliances1 technologies1 materials1 and construction practices2 and 7iii7 the economic considerations under subsection 7b77#d74 7,b7 ,incorporation of changes 7i7 ,in general ,on receipt of the proposed changes1 the model building energy code or standard developer shall have an additional #bgj days to accept or reject the proposed changes of the ,secretary to the model building energy code or standard for the ,secretary to make a final determination4 7ii7 ,final determination ,a final determination under paragraph 7#a7 shall be on the modified model building energy code or standard4 7e7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost-benefit analysis1 including return on investment2 and 7#b7 provide an opportunity for public comment on targets and supporting analysis and determinations under this section4 7f7 ,voluntary codes and standards ,notwithstanding any other provision of this section1 any model building code or standard established under section #cjd shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 4 #ajjb4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units 7a7 ,establishment ,the ,secretary of ,housing and ,urban ,development 7referred to in this section as the ,secretary7 shall establish a demonstration program under which1 during the period beginning on the date of enactment of this ,act1 and ending on ,september #cj1 #bjah1 the ,secretary may enter into budget-neutral1 performance-based agreements that result in a reduction in energy or water costs with such entities as the ,secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than #bj1jjj residential units in multifamily buildings participating in-- 7#a7 the project-based rental assistance program under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 other than assistance provided under section #h7o7 of that ,act2 7#b7 the supportive housing for the elderly program under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 or 7#c7 the supportive housing for persons with disabilities program under section #haa7;d77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;d77#b774 7b7 ,requirements 7#a7 ,payments contingent on savings 7,a7 ,in general ,the ,secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties1 as determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,payment methodology 7i7 ,in general ,each agreement under this section shall include a pay-for-success provision-- 7,i7 that will serve as a payment threshold for the term of the agreement2 and 7,,ii7 pursuant to which the ,department of ,housing and ,urban ,development shall share a percentage of the savings at a level determined by the ,secretary that is sufficient to cover the administrative costs of carrying out this section4 7ii7 ,limitations ,a payment made by the ,secretary under an agreement under this section shall-- 7,i7 be contingent on documented utility savings2 and 7,,ii7 not exceed the utility savings achieved by the date of the payment1 and not previously paid1 as a result of the improvements made under the agreement4 7,c7 ,third party verification ,savings payments made by the ,secretary under this section shall be based on a measurement and verification protocol that includes at least-- 7i7 establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit2 7ii7 annual third party confirmation of actual utility consumption and cost for owner-paid utilities2 7iii7 annual third party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type2 and 7iv7 annual third party determination of savings to the ,secretary4 7#b7 ,term ,the term of an agreement under this section shall be not longer than #ab years4 7#c7 ,entity eligibility ,the ,secretary shall-- 7,a7 establish a competitive process for entering into agreements under this section2 and 7,b7 enter into such agreements only with entities that demonstrate significant experience relating to-- 7i7 financing and operating properties receiving assistance under a program described in subsection 7a72 7ii7 oversight of energy and water conservation programs1 including oversight of contractors2 and 7iii7 raising capital for energy and water conservation improvements from charitable organizations or private investors4 7#d7 ,geographical diversity ,each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and ,state variance4 7c7 ,plan and reports 7#a7 ,plan ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives a detailed plan for the implementation of this section4 7#b7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 conduct an evaluation of the program under this section2 and 7,b7 submit to ,congress a report describing each evaluation conducted under subparagraph 7,a74 7d7 ,funding ,for each fiscal year during which an agreement under this section is in effect1 the ,secretary may use to carry out this section any funds appropriated to the ,secretary for the renewal of contracts under a program described in subsection 7a74 #ajjc4 ,coordination of energy retrofitting assistance for schools 7a7 ,definition of school ,in this section1 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;a772 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 7b7 ,designation of lead agency ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall act as the lead ,federal agency for coordinating and disseminating information on existing ,federal programs and assistance that may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools4 7c7 ,requirements ,in carrying out coordination and outreach under subsection 7b71 the ,secretary shall-- 7#a7 in consultation and coordination with the appropriate ,federal agencies1 carry out a review of existing programs and financing mechanisms 7including revolving loan funds and loan guarantees7 available in or from the ,department of ,agriculture1 the ,department of ,energy1 the ,department of ,education1 the ,department of the ,treasury1 the ,internal ,revenue ,service1 the ,environmental ,protection ,agency1 and other appropriate ,federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools2 7#b7 establish a ,federal cross-departmental collaborative coordination1 education1 and outreach effort to streamline communication and promote available ,federal opportunities and assistance described in paragraph 7#a7 for energy efficiency1 renewable energy1 and energy retrofitting projects that enables ,states1 local educational agencies1 and schools-- 7,a7 to use existing ,federal opportunities more effectively2 and 7,b7 to form partnerships with ,governors1 ,state energy programs1 local educational1 financial1 and energy officials1 ,state and local government officials1 nonprofit organizations1 and other appropriate entities to support the initiation of the projects2 7#c7 provide technical assistance for ,states1 local educational agencies1 and schools to help develop and finance energy efficiency1 renewable energy1 and energy retrofitting projects-- 7,a7 to increase the energy efficiency of buildings or facilities2 7,b7 to install systems that individually generate energy from renewable energy resources2 7,c7 to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives2 or 7,d7 to promote-- 7i7 the maintenance of health1 environmental quality1 and safety in schools1 including the ambient air quality1 through energy efficiency1 renewable energy1 and energy retrofit projects2 and 7ii7 the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices2 7#d7 develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the ,office of ,energy ,efficiency and ,renewable ,energy for ,states1 local educational agencies1 and schools to effectively access and use ,federal opportunities and assistance described in paragraph 7#a7 to develop energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7#e7 establish a process for recognition of schools that-- 7,a7 have successfully implemented energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7,b7 are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the implementation of this section4 #ajjd4 ,energy efficiency materials pilot program 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means a nonprofit organization that applies for a grant under this section4 7#b7 ,energy-efficiency materials 7,a7 ,in general ,the term energy-efficiency materials means a measure 7including a product1 equipment1 or system7 that results in a reduction in use by a nonprofit organization for energy or fuel supplied from outside the nonprofit building4 7,b7 ,inclusions ,the term energy-efficiency materials includes an item involving-- 7i7 a roof or lighting system1 or component of a roof or lighting system2 7ii7 a window2 7iii7 a door1 including a security door2 or 7iv7 a heating1 ventilation1 or air conditioning system or component of the system 7including insulation and wiring and plumbing materials needed to serve a more efficient system72 and 7v7 a renewable energy generation or heating system1 including a solar1 photovoltaic1 wind1 geothermal1 or biomass 7including wood pellet7 system or component of the system4 7#c7 ,nonprofit building 7,a7 ,in general ,the term nonprofit building means a building operated and owned by a nonprofit organization4 7,b7 ,inclusions ,the term nonprofit building includes a building described in subparagraph 7,a7 that is-- 7i7 a hospital2 7ii7 a youth center2 7iii7 a school2 7iv7 a social-welfare program facility2 7v7 a faith-based organization2 and 7vi7 any other nonresidential and noncommercial structure4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials4 7c7 ,grants 7#a7 ,in general ,the ,secretary may award grants under the program established under subsection 7b74 7#b7 ,application ,the ,secretary may award a grant under this section if an applicant submits to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may prescribe4 7#c7 ,criteria for grant ,in determining whether to award a grant under this section1 the ,secretary shall apply performance-based criteria1 which shall give priority to applications based on-- 7,a7 the energy savings achieved2 7,b7 the cost-effectiveness of the use of energy-efficiency materials2 7,c7 an effective plan for evaluation1 measurement1 and verification of energy savings2 and 7,d7 the financial need of the applicant4 7#d7 ,limitation on individual grant amount ,each grant awarded under this section shall not exceed #bjj1jjj4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjaf through #bjbj1 to remain available until expended4 #ajje4 ,utility energy service contracts ,section #edf of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7 is amended by adding at the end the following3 7f7 ,utility energy service contracts 7#a7 ,in general ,each ,federal agency may use1 to the maximum extent practicable1 measures provided by law to meet energy efficiency and conservation mandates and laws1 including through utility energy service contracts4 7#b7 ,contract period ,the term of a utility energy service contract entered into by a ,federal agency may have a contract period that extends beyond #aj years1 but not to exceed #be years4 7#c7 ,requirements ,the conditions of a utility energy service contract entered into by a ,federal agency shall include requirements for measurement1 verification1 and performance assurances or guarantees of the savings4 4 #ajjf4 ,use of energy and water efficiency measures in ,federal buildings 7a7 ,energy management requirements ,section #edc7;f77#d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;f77#d77 is amended by striking may and inserting shall4 7b7 ,reports ,section #edh7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 7,a7 the status of the energy savings performance contracts and utility energy service contracts of each agency2 7,b7 the investment value of the contracts2 7,c7 the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year2 7,d7 the plan for entering into the contracts in the coming year2 and 7,e7 information explaining why any previously submitted plans for the contracts were not implemented4 4 7c7 ,definition of energy conservation measures ,section #eea7d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7d77 is amended by striking or retrofit activities and inserting retrofit activities1 or energy consuming devices and required support structures4 7d7 ,authority ,to enter into contracts ,section #hja7;a77#b77;,f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77;,f77 is amended-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures1 water conservation measures1 or any combination of energy conservation measures and water conservation measures4 4 7e7 ,miscellaneous authority ,section #hja7;a77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77 is amended by adding at the end the following3 7,h7 ,miscellaneous authority ,notwithstanding any other provision of law1 a ,federal agency may sell or transfer energy savings and apply the proceeds of the sale or transfer to fund a contract under this title4 4 7f7 ,payment of costs ,section #hjb of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;a7 is amended by striking 7and related operation and maintenance expenses7 and inserting 1 including related operations and maintenance expenses4 7g7 ,definition of ,federal building ,section #eea7f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7f77 is amended by striking the semicolon at the end and inserting the term does not include a dam1 reservoir1 or hydropower facility owned or operated by a ,federal agency24 7h7 ,definition of energy savings ,section #hjd7b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;c7#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking federally owned building or buildings or other federally owned facilities and inserting ,federal building 7as defined in section #eea7 each place it appears2 7#b7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7#c7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,e7 the use1 sale1 or transfer of energy incentives1 rebates1 or credits 7including renewable energy credits7 from ,federal1 ,state1 or local governments or utilities2 and 7,f7 any revenue generated from a reduction in energy or water use1 more efficient waste recycling1 or additional energy generated from more efficient equipment4 4 #ajjg4 ,building training and assessment centers 7a7 ,in general ,the ,secretary shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation2 7#d7 to assist institutions of higher education and ,tribal ,colleges or ,universities in training building technicians2 7#e7 to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings1 particularly energy-intensive buildings2 and 7#f7 to coordinate with and assist ,state-accredited technical training centers1 community colleges1 ,tribal ,colleges or ,universities1 and local offices of the ,national ,institute of ,food and ,agriculture and ensure appropriate services are provided under this section to each region of the ,united ,states4 7b7 ,coordination and nonduplication 7#a7 ,in general ,the ,secretary shall coordinate the program with the industrial research and assessment centers program and with other ,federal programs to avoid duplication of effort4 7#b7 ,collocation ,to the maximum extent practicable1 building1 training1 and assessment centers established under this section shall be collocated with ,industrial ,assessment ,centers4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #ajjh4 ,career skills training 7a7 ,in general ,the ,secretary shall pay grants to eligible entities described in subsection 7b7 to pay the ,federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies1 including technologies described in section #cjg7;b77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7;b77#c774 7b7 ,eligibility ,to be eligible to obtain a grant under subsection 7a71 an entity shall be a nonprofit partnership described in section #aga7;e77#b77;,b77ii7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biaf7;e77#b77;,b77ii774 7c7 ,federal share ,the ,federal share of the cost of carrying out a career skills training program described in subsection 7a7 shall be #ej percent4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #ajji4 ,energy-efficient and energy-saving information technologies ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended by adding at the end the following3 7h7 ,federal ,implementation ,strategy for ,energy-,efficient and ,energy-,saving ,information ,technologies 7#a7 ,definitions ,in this subsection3 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 the term in section #aaaja of title #dj1 ,united ,states ,code4 7#b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this subsection1 each ,federal agency shall collaborate with the ,director to develop an implementation strategy 7including best-practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies4 7#c7 ,administration ,in developing an implementation strategy1 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 and 7,e7 secure telework and travel substitution tools4 7#d7 ,performance goals 7,a7 ,in general ,not later than ,september #cj1 #bjae1 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 technology systems4 7,b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall supplement the performance goals established under this paragraph with recommendations on best practices for the attainment of the performance goals1 to include a requirement for agencies to consider the use of-- 7i7 energy savings performance contracting2 and 7ii7 utility energy services contracting4 7#e7 ,reports 7,a7 ,agency reports ,each ,federal agency subject to the requirements of this subsection shall include in the report of the agency under section #ebg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadc7 a description of the efforts and results of the agency under this subsection4 7,b7 ,,omb ,government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjae1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadd7 a description of the efforts and results of ,federal agencies under this subsection4 7,c7 ,use of existing reporting structures ,the ,director may require ,federal agencies to submit any information required to be submitted under this subsection though reporting structures in use as of the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf4 4 #ajaj4 ,availability of funds for design updates ,section #ccjg of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7d7 through 7h7 as subsections 7e7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,availability of funds for design updates 7#a7 ,in general ,subject to paragraph 7#b71 for any project for which congressional approval is received under subsection 7a7 and for which the design has been substantially completed but construction has not begun1 the ,administrator of ,general ,services may use appropriated funds to update the project design to meet applicable ,federal building energy efficiency standards established under section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 and other requirements established under section #ccab4 7#b7 ,limitation ,the use of funds under paragraph 7#a7 shall not exceed #abe percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section #edd of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbed74 4 #ajaa4 ,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 7b7-- 7,a7 in paragraph 7#b77;,d77iv71 by striking the organization and inserting an organization2 and 7,b7 by striking paragraph 7#c72 and 7#b7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement 7#a7 ,in general ,the ,secretary and the ,administrator shall carry out subsection 7b7 in consultation with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains4 7#b7 ,considerations ,in carrying out consultation described in paragraph 7#a71 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 including representatives of hardware manufacturers1 data center operators1 and facility managers2 7,b7 obtain and address input from the ,national ,laboratories 7as that term is defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja77 or any institution of higher education1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7,c7 follow-- 7i7 commonly accepted procedures for the development of specifications2 and 7ii7 accredited standards development processes2 or 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 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 consultation with the ,administrator1 not later than #ah months after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 shall make available to the public an update to the report submitted to ,congress pursuant to section #a of the ,act of ,december #bj1 #bjjf 7,public ,law #aji-dca2 #abj ,stat4 #bibj71 entitled ,report to ,congress on ,server and ,data ,center ,energy ,efficiency and dated ,august #b1 #bjjg1 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 #bjjg through #bjad2 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 7#a7 ,in general ,the ,secretary1 in consultation with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that provides for the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in ,federal data centers4 7#b7 ,evaluations ,each ,federal agency shall consider having the data centers of the agency evaluated once every #d years by energy practitioners certified pursuant to the program1 whenever practicable using certified practitioners employed by the agency4 7g7 ,open data initiative 7#a7 ,in general ,the ,secretary1 in consultation 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 the data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 7#b7 ,consideration ,in establishing the initiative under paragraph 7#a71 the ,secretary shall consider using the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in consultation 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 in 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 #ajab4 ,weatherization ,assistance ,program 7a7 ,reauthorization of ,weatherization ,assistance ,program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking appropriated-- and all that follows through the period at the end and inserting appropriated #cej1jjj1jjj for each of fiscal years #bjaf through #bjbj44 7b7 ,grants for new1 self-sustaining low-income1 single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,grants for new1 self-sustaining low-income1 single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of low-income1 single-family and multifamily homes that receive energy efficiency retrofits2 7#b7 to promote innovation and new models of retrofitting low-income homes through new ,federal partnerships with covered organizations that leverage substantial donations1 donated materials1 volunteer labor1 homeowner labor equity1 and other private sector resources2 7#c7 to assist the covered organizations in demonstrating1 evaluating1 improving1 and replicating widely the model low-income energy retrofit programs of the covered organizations2 and 7#d7 to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended4 7b7 ,definitions ,in this section3 7#a7 ,covered organization ,the term covered organization means an organization that-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code2 and 7,b7 has an established record of constructing1 renovating1 repairing1 or making energy efficient a total of not less than #bej owner-occupied1 single-family or multifamily homes per year for low-income households1 either directly or through affiliates1 chapters1 or other direct partners 7using the most recent year for which data are available74 7#b7 ,low-income ,the term low-income means an income level that is not more than #bjj percent of the poverty level 7as determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget7 applicable to a family of the size involved1 except that the ,secretary may establish a higher or lower level if the ,secretary determines that a higher or lower level is necessary to carry out this section4 7#c7 ,weatherization ,assistance ,program for ,low-,income ,persons ,the term ,weatherization ,assistance ,program for ,low-,income ,persons means the program established under this part 7including part #ddj of title #aj1 ,code of ,federal ,regulations1 or successor regulations74 7c7 ,competitive grant program ,the ,secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section4 7d7 ,award factors ,in making grants under this section1 the ,secretary shall consider-- 7#a7 the number of low-income homes the applicant-- 7,a7 has built1 renovated1 repaired1 or made more energy efficient as of the date of the application2 and 7,b7 can reasonably be projected to build1 renovate1 repair1 or make energy efficient during the #aj-year period beginning on the date of the application2 7#b7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#c7 the number and diversity of ,states and climates in which the applicant works as of the date of the application2 7#d7 the amount of non-,federal funds1 donated or discounted materials1 discounted or volunteer skilled labor1 volunteer unskilled labor1 homeowner labor equity1 and other resources the applicant will provide2 7#e7 the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended2 7#f7 regional diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7e7 ,applications 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall request proposals from covered organizations4 7#b7 ,administration ,to be eligible to receive a grant under this section1 an applicant shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,awards ,not later than #ij days after the date of issuance of a request for proposals1 the ,secretary shall award grants under this section4 7f7 ,eligible uses of grant funds ,a grant under this section may be used for-- 7#a7 energy efficiency audits1 cost-effective retrofit1 and related activities in different climatic regions of the ,united ,states2 7#b7 energy efficiency materials and supplies2 7#c7 organizational capacity-- 7,a7 to significantly increase the number of energy retrofits2 7,b7 to replicate an energy retrofit program in other ,states2 and 7,c7 to ensure that the program is self-sustaining after the ,federal grant funds are expended2 7#d7 energy efficiency1 audit and retrofit training1 and ongoing technical assistance2 7#e7 information to homeowners on proper maintenance and energy savings behaviors2 7#f7 quality control and improvement2 7#g7 data collection1 measurement1 and verification2 7#h7 program monitoring1 oversight1 evaluation1 and reporting2 7#i7 management and administration 7up to a maximum of #aj percent of the total grant72 7#aj7 labor and training activities2 and 7#aa7 such other activities as the ,secretary determines to be appropriate4 7g7 ,maximum amount 7#a7 ,in general ,the amount of a grant provided under this section shall not exceed-- 7,a7 if the amount made available to carry out this section for a fiscal year is #bbe1jjj1jjj or more1 #e1jjj1jjj2 and 7,b7 if the amount made available to carry out this section for a fiscal year is less than #bbe1jjj1jjj1 #a1ejj1jjj4 7#b7 ,technical and training assistance ,the total amount of a grant provided under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to the grant4 7h7 ,guidelines 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue guidelines to implement the grant program established under this section4 7#b7 ,administration ,the guidelines-- 7,a7 shall not apply to the ,weatherization ,assistance ,program for ,low-,income ,persons1 in whole or major part2 but 7,b7 may rely on applicable provisions of law governing the ,weatherization ,assistance ,program for ,low-,income ,persons to establish-- 7i7 standards for allowable expenditures2 7ii7 a minimum savings-to-investment ratio2 7iii7 standards-- 7,i7 to carry out training programs2 7,,ii7 to conduct energy audits and program activities2 7,,iii7 to provide technical assistance2 7,,iv7 to monitor program activities2 and 7,v7 to verify energy and cost savings2 7iv7 liability insurance requirements2 and 7v7 recordkeeping requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each home retrofitted4 7i7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of any covered organization that receives a grant under this section 7which may include an audit71 as determined by the ,secretary4 7j7 ,compliance with ,state and local law ,nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7k7 ,annual reports ,the ,secretary shall submit to ,congress annual reports that provide-- 7#a7 findings2 7#b7 a description of energy and cost savings achieved and actions taken under this section2 and 7#c7 any recommendations for further action4 7l7 ,funding ,of the amount of funds that are made available to carry out the ,weatherization ,assistance ,program for each of fiscal years #bjaf through #bjbj under section #dbb1 the ,secretary shall use to carry out this section for each of fiscal years #bjaf through #bjbj not less than-- 7#a7 #b percent of the amount if the amount is less than #bbe1jjj1jjj2 7#b7 #e percent of the amount if the amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj2 and 7#c7 #aj percent of the amount if the amount is #bfj1jjj1jjj or more4 4 7c7 ,standards program ,section #dae of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7 is amended by adding at the end the following3 7f7 ,standards program 7#a7 ,contractor qualification ,effective beginning ,january #a1 #bjaf1 to be eligible to carry out weatherization using funds made available under this part1 a contractor shall be selected through a competitive bidding process and be-- 7,a7 accredited by the ,building ,performance ,institute2 7,b7 an ,energy ,smart ,home ,performance ,team accredited under the ,residential ,energy ,services ,network2 or 7,c7 accredited by an equivalent accreditation or program accreditation-based ,state certification program approved by the ,secretary4 7#b7 ,grants for energy retrofit model programs 7,a7 ,in general ,to be eligible to receive a grant under section #dad;,c1 a covered organization 7as defined in section #dad;,c7b77 shall use a crew chief who-- 7i7 is certified or accredited in accordance with paragraph 7#a72 and 7ii7 supervises the work performed with grant funds4 7,b7 ,volunteer labor ,a volunteer who performs work for a covered organization that receives a grant under section #dad;,c shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor4 7,c7 ,training ,the ,secretary shall use training and technical assistance funds available to the ,secretary to assist covered organizations under section #dad;,c in providing training to obtain certification required under this subsection1 including provisional or temporary certification4 7#c7 ,minimum efficiency standards ,effective beginning ,october #a1 #bjaf1 the ,secretary shall ensure that-- 7,a7 each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the ,secretary after weatherization of a dwelling unit2 7,b7 at least #aj percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph 7,a72 and 7,c7 the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection1 as determined by the ,secretary4 4 #ajac4 ,reauthorization of ,state energy program ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended by striking #abe1jjj1jjj for each of fiscal years #bjjg through #bjab and inserting #ij1jjj1jjj for each of fiscal years #bjaf through #bjbj1 of which not greater than #e percent may be used to provide competitively awarded financial assistance4 #ajad4 ,smart building acceleration 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the ,federal ,smart ,building ,program established under subsection 7b77#a74 7#b7 ,smart building ,the term smart building means a building1 or collection of buildings1 with an energy system that-- 7,a7 is flexible and automated2 7,b7 has extensive operational monitoring and communication connectivity1 allowing remote monitoring and analysis of all building functions2 7,c7 takes a systems-based approach in integrating the overall building operations for control of energy generation1 consumption1 and storage2 7,d7 communicates with utilities and other third-party commercial entities1 if appropriate2 and 7,e7 is cybersecure4 7#c7 ,smart building accelerator ,the term smart building accelerator means an initiative that is designed to demonstrate specific innovative policies and approaches-- 7,a7 with clear goals and a clear timeline2 and 7,b7 that1 on successful demonstration1 would accelerate investment in energy efficiency4 7b7 ,federal smart building program 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a program to be known as the ,federal ,smart ,building ,program-- 7,a7 to implement smart building technology2 and 7,b7 to demonstrate the costs and benefits of smart buildings4 7#b7 ,selection 7,a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in paragraph 7#d71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7,b7 ,inclusion of commercially operated buildings ,in making selections under subparagraph 7,a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7#c7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies by #c years and #f years after the date of enactment of this ,act4 7#d7 ,federal agency described ,the key ,federal agencies referred to in this subsection shall include buildings operated by-- 7,a7 the ,department of the ,army2 7,b7 the ,department of the ,navy2 7,c7 the ,department of the ,air ,force2 7,d7 the ,department2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,veterans ,affairs2 and 7,g7 the ,general ,services ,administration4 7#e7 ,requirement ,in implementing the program1 the ,secretary shall leverage existing financing mechanisms including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7#f7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7#g7 ,awards ,the ,secretary may expand awards made under the ,federal ,energy ,management ,program and the ,better ,building ,challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies4 7c7 ,survey of private sector smart buildings 7#a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,united ,states1 including commercial buildings1 laboratory facilities1 hospitals1 multifamily residential buildings1 and buildings owned by nonprofit organizations and institutions of higher education4 7#b7 ,selection ,from among the smart buildings surveyed under paragraph 7#a71 the ,secretary shall select not fewer than #a building each from an appropriate range of building sizes1 types1 and geographic locations4 7#c7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies and systems-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7d7 ,leveraging existing programs 7#a7 ,better building challenge ,as part of the ,better ,building ,challenge of the ,department1 the ,secretary1 in consultation with major private sector property owners1 shall develop smart building accelerators to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings in the public1 institutional1 and commercial buildings sectors4 7#b7 ,research and development 7,a7 ,in general ,the ,secretary shall conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings4 7,b7 ,inclusion ,the research and development conducted under subparagraph 7,a7 shall include research and development on-- 7i7 achieving whole-building1 systems-level efficiency through smart system and component integration2 7ii7 improving physical components1 such as sensors and controls1 to be adaptive1 anticipatory1 and networked2 7iii7 reducing the cost of key components to accelerate the adoption of smart building technologies2 7iv7 data management1 including the capture and analysis of data and the interoperability of the energy systems2 7v7 protecting against cybersecurity threats and addressing security vulnerabilities of building systems or equipment2 7vi7 business models1 including how business models may limit the adoption of smart building technologies and how to support transactive energy2 7vii7 integration and application of combined heat and power systems and energy storage for resiliency2 7viii7 characterization of buildings and components2 7ix7 consumer and utility protections2 7x7 continuous management1 including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders2 and 7xi7 other areas of research and development1 as determined appropriate by the ,secretary4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until a total of #c reports have been made1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on-- 7#a7 the establishment of the ,federal ,smart ,building ,program and the evaluation of ,federal smart buildings under subsection 7b72 7#b7 the survey and evaluation of private sector smart buildings under subsection 7c72 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #ajae4 ,repeal of fossil phase-out ,section #cje7;a77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77 is amended by striking subparagraph 7,d74 #ajaf4 ,federal building energy efficiency performance standards 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 7as amended by section #ajja7;a77 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#ai7 ,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 #cje7;a77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77 7as amended by section #ajae7 is amended-- 7#a7 by striking 7#c77;,a7 ,not later than and all that follows through subparagraph 7,b7 and inserting the following3 7#c7 ,revised federal building energy efficiency performance standards 7,a7 ,revised federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,energy ,policy ,modernization ,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 ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,energy ,policy ,modernization ,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 ,international ,energy ,conservation ,code 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 ,international ,energy ,conservation ,code1 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 the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 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 and 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 4 #ajag4 ,codification of ,executive ,order ,beginning in fiscal year #bjaf and each fiscal year thereafter through fiscal year #bjbe1 the head of each ,federal agency shall1 unless otherwise specified and where life-cycle cost-effective1 promote building energy conservation1 efficiency1 and management by reducing1 in ,federal buildings of the agency1 building energy intensity1 as measured in ,british thermal units per gross square foot1 by #b4e percent each fiscal year1 relative to the baseline of the building energy use of the applicable ,federal buildings in fiscal year #bjae and after taking into account the progress of the ,federal agency in preceding fiscal years4 #ajah4 ,certification for green buildings ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 7as amended by sections #ajae and #ajaf7;b77 is amended-- 7#a7 in subsection 7a77#c71 by adding at the end the following3 7,d7 ,certification for green buildings 7i7 ,sustainable design principles ,sustainable design principles shall be applied to the siting1 design1 and construction of buildings covered by this subparagraph4 7ii7 ,selection of certification systems ,the ,secretary1 after reviewing the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h771 in consultation with the ,administrator of ,general ,services1 and in consultation with the ,secretary of ,defense relating to those facilities under the custody and control of the ,department of ,defense1 shall determine those certification systems for green commercial and residential buildings that the ,secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 7iii7 ,basis for selection ,the determination of the certification systems under clause 7ii7 shall be based on ongoing review of the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 and the criteria described in clause 7v74 7iv7 ,administration ,in determining certification systems under this subparagraph1 the ,secretary shall-- 7,i7 make a separate determination for all or part of each system2 7,,ii7 confirm that the criteria used to support the selection of building products1 materials1 brands1 and technologies-- 7aa7 are fair and neutral 7meaning that the criteria are based on an objective assessment of relevant technical data72 7bb7 do not prohibit1 disfavor1 or discriminate against selection based on technically inadequate information to inform human or environmental risk2 and 7cc7 are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures2 and 7,,iii7 use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines4 7v7 ,considerations ,in determining the green building certification systems under this subparagraph1 the ,secretary shall take into consideration-- 7,i7 the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph2 7,,ii7 the ability of the applicable certification organization to collect and reflect public comment2 7,,iii7 the ability of the standard to be developed and revised through a consensus-based process2 7,,iv7 an evaluation of the robustness of the criteria for a high-performance green building1 which shall give credit for promoting-- 7aa7 efficient and sustainable use of water1 energy1 and other natural resources2 7bb7 the use of renewable energy sources2 7cc7 improved indoor environmental quality through enhanced indoor air quality1 thermal comfort1 acoustics1 day lighting1 pollutant source control1 and use of low-emission materials and building system controls2 and 7dd7 such other criteria as the ,secretary determines to be appropriate2 and 7,v7 national recognition within the building industry4 7vi7 ,review ,the ,secretary1 in consultation with the ,administrator of ,general ,services and the ,secretary of ,defense1 shall conduct an ongoing review to evaluate and compare private sector green building certification systems1 taking into account-- 7,i7 the criteria described in clause 7v72 and 7,,ii7 the identification made by the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h774 7vii7 ,exclusions 7,i7 ,in general ,subject to subclause 7,,ii71 if a certification system fails to meet the review requirements of clause 7v71 the ,secretary shall-- 7aa7 identify the portions of the system1 whether prerequisites1 credits1 points1 or otherwise1 that meet the review criteria of clause 7v72 7bb7 determine the portions of the system that are suitable for use2 and 7cc7 exclude all other portions of the system from identification and use4 7,,ii7 ,entire systems ,the ,secretary shall exclude an entire system from use if an exclusion under subclause 7,i7-- 7aa7 impedes the integrated use of the system2 7bb7 creates disparate review criteria or unequal point access for competing materials2 or 7cc7 increases agency costs of the use4 7viii7 ,internal certification processes ,the ,secretary may by rule allow ,federal agencies to develop internal certification processes1 using certified professionals1 in lieu of certification by certification entities identified under clause 7ii74 7ix7 ,privatized military housing ,with respect to privatized military housing1 the ,secretary of ,defense1 after consultation with the ,secretary may1 through rulemaking1 develop alternative certification systems and levels than the systems and levels identified under clause 7ii7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and green building performance4 7x7 ,water conservation technologies ,in addition to any use of water conservation technologies otherwise required by this section1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective4 7xi7 ,effective date 7,i7 ,determinations made after december #ca1 #bjae ,this subparagraph shall apply to any determination made by a ,federal agency after ,december #ca1 #bjae4 7,,ii7 ,determinations made on or before december #ca1 #bjae ,this subparagraph 7as in effect on the day before the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf7 shall apply to any use of a certification system for green commercial and residential buildings by a ,federal agency on or before ,december #ca1 #bjae4 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 once 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 #ajai4 ,high performance green federal buildings ,section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 is amended-- 7#a7 in the subsection heading1 by striking ,system and inserting ,systems2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,based on an ongoing review1 the ,federal ,director shall identify and shall provide to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d771 a list of those certification systems that the ,director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 2 and 7#c7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking system and inserting systems2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 an ongoing review provided to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d771 which shall-- 7i7 be carried out by the ,federal ,director to compare and evaluate standards2 and 7ii7 allow any developer or administrator of a rating system or certification system to be included in the review2 2 7,c7 in subparagraph 7,e77v71 by striking and after the semicolon at the end2 7,d7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,g7 a finding that1 for all credits addressing grown1 harvested1 or mined materials1 the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing2 and 7,h7 a finding that the system incorporates life-cycle assessment as a credit pathway4 4 #ajbj4 ,evaluation of potentially duplicative green building programs 7a7 ,definitions ,in this section3 7#a7 ,administrative expenses 7,a7 ,in general ,the term administrative expenses has the meaning given the term by the ,director of the ,office of ,management and ,budget under section #ejd7;b77#b7 of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjaj 7#ca ,u4,s4,c4 #aaje note2 ,public ,law #aaa-he74 7,b7 ,inclusions ,the term administrative expenses includes1 with respect to an agency-- 7i7 costs incurred by-- 7,i7 the agency2 or 7,,ii7 any grantee1 subgrantee1 or other recipient of funds from a grant program or other program administered by the agency2 and 7ii7 expenses relating to personnel salaries and benefits1 property management1 travel1 program management1 promotion1 reviews and audits1 case management1 and communication regarding1 promotion of1 and outreach for programs and program activities administered by the agency4 7#b7 ,applicable program ,the term applicable program means any program that is-- 7,a7 listed in ,table #i 7pages #cdh-cej7 of the report of the ,government ,accountability ,office entitled #bjab ,annual ,report3 ,opportunities to ,reduce ,duplication1 ,overlap and ,fragmentation1 ,achieve ,savings1 and ,enhance ,revenue2 and 7,b7 administered by-- 7i7 the ,secretary2 7ii7 the ,secretary of ,agriculture2 7iii7 the ,secretary of ,defense2 7iv7 the ,secretary of ,education2 7v7 the ,secretary of ,health and ,human ,services2 7vi7 the ,secretary of ,housing and ,urban ,development2 7vii7 the ,secretary of ,transportation2 7viii7 the ,secretary of the ,treasury2 7ix7 the ,administrator of the ,environmental ,protection ,agency2 7x7 the ,director of the ,national ,institute of ,standards and ,technology2 or 7xi7 the ,administrator of the ,small ,business ,administration4 7#c7 ,service 7,a7 ,in general ,subject to subparagraph 7,b71 the term service has the meaning given the term by the ,director of the ,office of ,management and ,budget4 7,b7 ,requirements ,for purposes of subparagraph 7,a71 the term service shall be limited to activities1 assistance1 or other aid that provides a direct benefit to a recipient1 such as-- 7i7 the provision of technical assistance2 7ii7 assistance for housing or tuition2 or 7iii7 financial support 7including grants1 loans1 tax credits1 and tax deductions74 7b7 ,report 7#a7 ,in general ,not later than ,january #a1 #bjag1 the ,secretary1 in consultation with the agency heads described in clauses 7ii7 through 7xi7 of subsection 7a77#b77;,b71 shall submit to ,congress and make available on the public ,internet website of the ,department a report that describes the applicable programs4 7#b7 ,requirements ,in preparing the report under paragraph 7#a71 the ,secretary shall-- 7,a7 determine the approximate annual total administrative expenses of each applicable program attributable to green buildings2 7,b7 determine the approximate annual expenditures for services for each applicable program attributable to green buildings2 7,c7 describe the intended market for each applicable program attributable to green buildings1 including the-- 7i7 estimated the number of clients served by each applicable program2 and 7ii7 beneficiaries who received services or information under the applicable program 7if applicable and if data is readily available72 7,d7 estimate-- 7i7 the number of full-time employees who administer activities attributable to green buildings for each applicable program2 and 7ii7 the number of full-time equivalents 7the salary of whom is paid in part or full by the ,federal ,government through a grant or contract1 a subaward of a grant or contract1 a cooperative agreement1 or another form of financial award or assistance7 who assist in administering activities attributable to green buildings for the applicable program2 7,e7 briefly describe the type of services each applicable program provides attributable to green buildings1 such as information1 grants1 technical assistance1 loans1 tax credits1 or tax deductions2 7,f7 identify the type of recipient who is intended to benefit from the services or information provided under the applicable program attributable to green buildings1 such as individual property owners or renters1 local governments1 businesses1 nonprofit organizations1 or ,state governments2 and 7,g7 identify whether written program goals are available for each applicable program4 7c7 ,recommendations ,not later than ,january #a1 #bjag1 the ,secretary1 in consultation with the agency heads described in clauses 7ii7 through 7xi7 of subsection 7a77#b77;,b71 shall submit to ,congress a report that includes-- 7#a7 a recommendation of whether any applicable program should be eliminated or consolidated1 including any legislative changes that would be necessary to eliminate or consolidate applicable programs2 and 7#b7 methods to improve the applicable programs by establishing program goals or increasing collaboration to reduce any potential overlap or duplication1 taking into account-- 7,a7 the #bjaa report of the ,government ,accountability ,office entitled ,federal ,initiatives for the ,nonfederal ,sector ,could ,benefit from ,more ,interagency ,collaboration2 and 7,b7 the report of the ,government ,accountability ,office entitled #bjab ,annual ,report3 ,opportunities to ,reduce ,duplication1 ,overlap and ,fragmentation1 ,achieve ,savings1 and ,enhance ,revenue4 7d7 ,analyses ,not later than ,january #a1 #bjag1 the ,secretary1 in consultation with the agency heads described in clauses 7ii7 through 7xi7 of subsection 7a77#b77;,b71 shall identify-- 7#a7 which applicable programs were specifically authorized by ,congress2 and 7#b7 which applicable programs are carried out solely under the discretionary authority of the ,secretary or any agency head described in clauses 7ii7 through 7xi7 of subsection 7a77#b77;,b74 #ajba4 ,study and report on energy savings benefits of operational efficiency programs and services 7a7 ,definition of operational efficiency programs and services ,in this section1 the term operational efficiency programs and services means programs and services that use information and communications technologies 7including computer hardware1 energy efficiency software1 and power management tools7 to operate buildings and equipment in the optimum manner at the optimum times4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct a study and issue a report that quantifies the potential energy savings of operational efficiency programs and services for commercial1 institutional1 industrial1 and governmental entities1 including ,federal agencies4 7c7 ,measurement and verification of energy savings ,the report required under this section shall include potential methodologies or protocols for utilities1 utility regulators1 and ,federal agencies to evaluate1 measure1 and verify energy savings from operational efficiency programs and services4 #ajbb4 ,use of ,federal disaster relief and emergency assistance for energy-efficient products and structures 7a7 ,in general ,title ,,iii of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eada et seq47 is amended by adding at the end the following3 #cbg4 ,use of assistance for energy-efficient products and structures 7a7 ,definitions ,in this section-- 7#a7 the term energy-efficient product means a product that-- 7,a7 meets or exceeds the requirements for designation under an ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 or 7,b7 meets or exceeds the requirements for designation as being among the highest #be percent of equivalent products for energy efficiency under the ,federal ,energy ,management ,program2 and 7#b7 the term energy-efficient structure means a residential structure1 a public facility1 or a private nonprofit facility that meets or exceeds the requirements of ,standard #ij4a-bjac of the ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers or the #bjae ,international ,energy ,conservation ,code1 or any successor thereto4 7b7 ,use of assistance ,a recipient of assistance relating to a major disaster or emergency may use the assistance to replace or repair a damaged product or structure with an energy-efficient product or energy-efficient structure4 4 7b7 ,applicability ,the amendment made by this section shall apply to assistance made available under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 before1 on1 or after the date of enactment of this ,act that is expended on or after the date of enactment of this ,act4 #ajbc4 ,watersense 7a7 ,in general ,part ,b of title ,,iii of the ,energy ,policy and ,conservation ,act is amended by adding after section #cbd;,a 7#db ,u4,s4,c4 #fbid;a7 the following3 #cbd;,b4 ,watersense 7a7 ,establishment of ,water,sense program 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a voluntary ,water,sense program to identify and promote water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services that1 through voluntary labeling of1 or other forms of communications regarding1 products1 buildings1 landscapes1 facilities1 processes1 and services while meeting strict performance criteria1 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 generations4 7#b7 ,inclusions ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall1 consistent with this section1 identify water-efficient products1 buildings1 landscapes1 facilities1 processes1 and services1 including categories such as-- 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 7,g7 whole house humidifiers2 and 7,h7 water-efficient buildings or facilities4 7b7 ,duties ,the ,administrator1 coordinating as appropriate with the ,secretary1 shall-- 7#a7 establish-- 7,a7 a ,water,sense label to be used for items meeting the certification criteria established in accordance with this section2 and 7,b7 the procedure1 including the methods and means1 and criteria by which an item may be certified to display the ,water,sense label2 7#b7 enhance public awareness regarding the ,water,sense label through outreach1 education1 and other means2 7#c7 preserve the integrity of the ,water,sense label by-- 7,a7 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 7,b7 overseeing ,water,sense certifications made by third parties2 7,c7 as determined appropriate by the ,administrator1 using testing protocols1 from the appropriate1 applicable1 and relevant consensus standards1 for the purpose of determining standards compliance2 and 7,d7 auditing the use of the ,water,sense label in the marketplace and preventing cases of misuse2 and 7#d7 not more often than #f years after adoption or major revision of any ,water,sense specification1 review and1 if appropriate1 revise the specification to achieve additional water savings2 7#e7 in revising a ,water,sense specification-- 7,a7 provide reasonable notice to interested parties and the public of any changes1 including effective dates1 and an explanation of the changes2 7,b7 solicit comments from interested parties and the public prior to any changes2 7,c7 as appropriate1 respond to comments submitted by interested parties and the public2 and 7,d7 provide an appropriate transition time prior to the applicable effective date of any 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 addressed2 and 7#f7 not later than ,december #ca1 #bjah1 consider for review and revision any ,water,sense specification adopted before ,january #a1 #bjab4 7c7 ,transparency ,the ,administrator shall1 to the maximum extent practicable and not less than annually1 regularly estimate and make available to the public the production and relative market shares and savings of water1 energy1 and capital costs of water1 wastewater1 and stormwater attributable to the use of ,water,sense-labeled products1 buildings1 landscapes1 facilities1 processes1 and services4 7d7 ,distinction of authorities ,in setting or maintaining specifications 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 7e7 ,no warranty ,a ,water,sense label shall not create an express or implied warranty4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by inserting after the item relating to section #cbd;,a the following3 ,sec4 #cbd;,b4 ,water,sense4 4 ,b ,appliances #aaja4 ,extended product system rebate program 7a7 ,definitions ,in this section3 7#a7 ,electric motor ,the term electric motor has the meaning given the term in section #dca4ab of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,electronic control ,the term electronic control means-- 7,a7 a power converter2 or 7,b7 a combination of a power circuit and control circuit included on #a chassis4 7#c7 ,extended product system ,the term extended product system means an electric motor and any required associated electronic control and driven load that-- 7,a7 offers variable speed or multispeed operation2 7,b7 offers partial load control that reduces input energy requirements 7as measured in kilowatt-hours7 as compared to identified base levels set by the ,secretary2 and 7,c7 7i7 has greater than #a horsepower2 and 7ii7 uses an extended product system technology1 as determined by the ,secretary4 7#d7 ,qualified extended product system 7,a7 ,in general ,the term qualified extended product system means an extended product system that-- 7i7 includes an electric motor and an electronic control2 and 7ii7 reduces the input energy 7as measured in kilowatt-hours7 required to operate the extended product system by not less than #e percent1 as compared to identified base levels set by the ,secretary4 7,b7 ,inclusions ,the term qualified extended product system includes commercial or industrial machinery or equipment that-- 7i7 7,i7 did not previously make use of the extended product system prior to the redesign described in subclause 7,,ii72 and 7,,ii7 incorporates an extended product system that has greater than #a horsepower into redesigned machinery or equipment2 and 7ii7 was previously used prior to1 and was placed back into service during1 calendar year #bjaf or #bjag4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates for expenditures made by qualified entities for the purchase or installation of a qualified extended product system4 7c7 ,qualified entities 7#a7 ,eligibility requirements ,a qualified entity under this section shall be-- 7,a7 in the case of a qualified extended product system described in subsection 7a77#d77;,a71 the purchaser of the qualified extended product that is installed2 and 7,b7 in the case of a qualified extended product system described in subsection 7a77#d77;,b71 the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment4 7#b7 ,application ,to be eligible to receive a rebate under this section1 a qualified entity shall submit to the ,secretary-- 7,a7 an application in such form1 at such time1 and containing such information as the ,secretary may require2 and 7,b7 a certification that includes demonstrated evidence-- 7i7 that the entity is a qualified entity2 and 7ii7 7,i7 in the case of a qualified entity described in paragraph 7#a77;,a7-- 7aa7 that the qualified entity installed the qualified extended product system during the #b fiscal years following the date of enactment of this ,act2 7bb7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,a72 and 7cc7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed2 or 7,,ii7 in the case of a qualified entity described in paragraph 7#a77;,b71 demonstrated evidence-- 7aa7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,b72 and 7bb7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated4 7d7 ,authorized amount of rebate 7#a7 ,in general ,the ,secretary may provide to a qualified entity a rebate in an amount equal to the product obtained by multiplying-- 7,a7 an amount equal to the sum of the nameplate rated horsepower of-- 7i7 the electric motor to which the qualified extended product system is attached2 and 7ii7 the electronic control2 and 7,b7 #be4 7#b7 ,maximum aggregate amount ,a qualified entity shall not be entitled to aggregate rebates under this section in excess of #be1jjj per calendar year4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of the first #b full fiscal years following the date of enactment of this ,act1 to remain available until expended4 #aajb4 ,energy efficient transformer rebate program 7a7 ,definitions ,in this section3 7#a7 ,qualified energy efficient transformer ,the term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,qualified energy inefficient transformer ,the term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihe1 and ,december #ca1 #bjjf1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiij1 and ,december #ca1 #bjji1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company that fulfills the requirements of subsection 7d74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in ,watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjaf and #bjag1 to remain available until expended4 7f7 ,termination of effectiveness ,the authority provided by this section terminates on ,december #ca1 #bjag4 #aajc4 ,standards for certain furnaces ,section #cbe7;f77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;f77#d77 is amended by adding at the end the following3 7,e7 ,restriction on final rule for residential non-weatherized gas furnaces and mobile home furnaces 7i7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary shall not prescribe a final rule amending the efficiency standards for residential non-weatherized gas furnaces or mobile home furnaces until each of the following has occurred3 7,i7 ,the ,secretary convenes a representative advisory group of interested stakeholders1 including the manufacturers1 distributors1 and contractors of residential non-weatherized gas furnaces and mobile home furnaces1 home builders1 building owners1 energy efficiency advocates1 natural gas utilities1 electric utilities1 and consumer groups4 7,,ii7 ,not later than #a year after the date of enactment of this subparagraph1 the advisory group described in subclause 7,i7 completes an analysis of a nationwide requirement of a condensing furnace efficiency standard including-- 7aa7 a complete analysis of current market trends regarding the transition of sales from non-condensing furnaces to condensing furnaces2 7bb7 the projected net loss in the industry of the present value of original equipment manufactured after adoption of the standard2 7cc7 the projected consumer payback period and life cycle cost savings after adoption of the standard2 7dd7 a determination of whether the standard is economically justified1 based solely on the definition of energy under section #cba2 and 7ee7 other common economic principles4 7,,iii7 ,the advisory group described in subclause 7,i7 reviews the analysis and determines whether a nationwide requirement of a condensing furnace efficiency standard is technically feasible and economically justified4 7,,iv7 ,the final determination of the advisory group under subclause 7,,iii7 is published in the ,federal ,register4 7ii7 ,amended standards ,if the advisory group determines under clause 7i77,,iii7 that a nationwide requirement of a condensing furnace efficiency standard is not technically feasible and economically justified1 the ,secretary shall1 not later than #ahj days after the date on which the final determination of the advisory group is published in the ,federal ,register under clause 7i77,,iv71 establish amended standards through the negotiated rulemaking procedure provided for under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 4 #aajd4 ,third-party certification under ,energy ,star program ,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 following3 7e7 ,third-,party ,certification 7#a7 ,in general ,subject to paragraph 7#b71 not later than #ahj days after the date of enactment of this subsection1 the ,administrator shall revise the certification requirements for the labeling of consumer1 home1 and office electronic products for program partners that have complied with all requirements of the ,energy ,star program for a period of at least #ah months4 7#b7 ,administration ,in the case of a program partner described in paragraph 7#a71 the new requirements under paragraph 7#a7-- 7,a7 shall not require third-party certification for a product to be listed2 but 7,b7 may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products4 7#c7 ,third parties ,nothing in this subsection prevents the ,administrator from using third parties in the course of the administration of the ,energy ,star program4 7#d7 ,termination 7,a7 ,in general ,subject to subparagraph 7,b71 an exemption from third-party certification provided to a program partner under paragraph 7#a7 shall terminate if the program partner is found to have violated program requirements with respect to at least #b separate models during a #b-year period4 7,b7 ,resumption ,a termination for a program partner under subparagraph 7,a7 shall cease if the program partner complies with all ,energy ,star program requirements for a period of at least #c years4 4 #aaje4 ,energy conservation standards for commercial refrigeration equipment 7a7 ,deadline ,the requirements of the final rule entitled ,energy ,conservation ,program3 ,energy ,conservation ,standards for ,commercial ,refrigeration ,equipment 7#gi ,fed4 ,reg4 #aggbe 7,march #bh1 #bjad771 shall take effect on ,january #a1 #bjbj1 for equipment covered by the final rule that-- 7#a7 uses natural refrigerants with a global warming potential of #aj or less that are approved for use by the ,environmental ,protection ,agency under the ,significant ,new ,alternatives ,program2 7#b7 is within #a of the following product categories3 7,a7 ,,vct4,,sc4,m vertical cooler with transparent door self contained medium temperature2 or 7,b7 ,,hct4,,sc4,m horizontal cooler with transparent door self contained medium temperature2 and 7#c7 uses not more than #aae percent of the energy use allowed by applicable standards under ,energy ,star #c4j4 7b7 ,future rulemakings ,nothing in this section changes the criteria to be considered during future rulemakings undertaken by the ,department under title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7c7 ,review ,notwithstanding subsection 7a71 the next review required under section #cdb7;c77#f77;,b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcac7;c77#f77;,b77 shall be conducted based on an effective date of ,march #bg1 #bjag4 #aajf4 ,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 periodic testing to verify compliance with energy conservation standards and ,energy ,star specifications established under sections #cbd;,a1 #cbe1 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 and the ,administrator of the ,environmental ,protection ,agency shall rely on testing conducted by voluntary verification programs that are recognized by the ,secretary in accordance with subparagraph 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 7ii7 ,minimum requirements ,the criteria developed under clause 7i7 shall1 at a minimum1 ensure that the 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 ,,doe 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 ,secretary or the ,administrator of the ,environmental ,protection ,agency1 that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing1 to be exempted from disclosure to the extent provided under section #eeb7;b77#d7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7,,xi7 satisfies any additional requirements or standards that the ,secretary and ,administrator of the ,environmental ,protection ,agency shall establish consistent with this subparagraph4 7iii7 ,finding required for cessation of recognition ,the ,secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph 7,a7 on a finding that the program is not meeting its obligations for compliance through program review criteria established under this subparagraph4 7iv7 ,revisions 7,i7 ,in general ,major revisions to voluntary verification program criteria established under this subparagraph shall only be made pursuant to a subsequent negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 7,,ii7 ,nonmajor revisions 7aa7 ,in general ,the ,secretary may make all other nonmajor criteria revisions by initiating a direct final rule in accordance with section #eec7;b77#c77;,b7 of title #e1 ,united ,states ,code1 on a determination published in the ,federal ,register that revisions to the criteria are necessary and that substantive opposition to the proposed revisions is not expected4 7bb7 ,conditions for effectiveness ,if the ,secretary does not receive adversarial comments with respect to the determination published under item 7aa7 during the #cj-;day-period following publication of that determination in the ,federal ,register1 the direct final rule shall have the force and effect of law4 7cc7 ,withdrawal of final rule ,receipt of any adversarial comment with respect to the determination published under item 7aa7 shall require the ,secretary to withdraw the direct final rule and publish-- 7,,aa7 a notice of proposed rulemaking pursuant to section #eec of title #e1 ,united ,states ,code2 or 7,,bb7 a notice of proposed rulemaking pursuant to section #eec of title #e1 ,united ,states ,code1 that includes a determination that revisions to the criteria are necessary4 7,c7 ,administration 7i7 ,in general ,the ,secretary and the ,administrator of the ,environmental ,protection ,agency shall not require-- 7,i7 manufacturers to participate in a voluntary verification program described in subparagraph 7,a72 or 7,,ii7 participating manufacturers to provide information that has already been provided to the ,secretary or the ,administrator4 7ii7 ,list of covered products ,the ,secretary or the ,administrator of the ,environmental ,protection ,agency may maintain a publicly available list of covered products and equipment that distinguishes between products that are1 and are not covered products and equipment verified through a voluntary verification program described in subparagraph 7,a72 7iii7 ,periodic verification testing 7,i7 ,in general ,the ,secretary-- 7aa7 shall not subject products or equipment that have been verification tested under a voluntary verification program described in subparagraph 7,a7 to periodic verification testing that verifies the accuracy of the certified performance rating of the products or equipment2 but 7bb7 may test products or equipment described in subclause 7,i7 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 title4 7,,ii7 ,additional testing ,the ,secretary may subject products or equipment described in subclause 7,i7 to periodic verification testing outside the restrictions of subclause 7,i77bb71 if agreed to during the rulemaking described in subparagraph 7,b7 7,d7 ,effect on other authority ,nothing in this paragraph limits the authority of the ,secretary or the ,administrator of the ,environmental ,protection ,agency to enforce compliance with any law4 4 #aajg4 ,application of energy conservation standards to certain external power supplies 7a7 ,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 7,,ii7 organic light-emitting diodes providing illumination2 or 7,,iii7 ceiling fans using direct current motors4 4 7b7 ,standards for lighting power supply circuits 7#a7 ,definition ,section #cdj7b77;,b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaa7b77;,b77 is amended by striking clause 7v7 and inserting the following3 7v7 electric lights and lighting power supply circuits2 4 7#b7 ,energy conservation standard for certain equipment ,section #cdb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcac7 is amended by adding at the end the following3 7g7 ,lighting power supply circuits ,if the ,secretary1 acting pursuant to section #cda7;b71 includes as a covered equipment solid state lighting power supply circuits1 drivers1 or devices described in section #cba7cf77;,a77ii71 the ,secretary may prescribe under this part1 not earlier than #a year after the date on which a test procedure has been prescribed1 an energy conservation standard for such equipment4 4 7c7 ,technical corrections 7#a7 ,section #cba7f77;,b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7f77;,b77 is amended by striking 7#ai7 and inserting 7#bj74 7#b7 ,section #cbd of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid7 is amended by striking 7#ai7 each place it appears in each of subsections 7a77#c71 7b77#a77;,b71 7b77#c71 and 7b77#e7 and inserting 7#bj74 7#c7 ,section #cbe7l7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7l77 is amended by striking paragraph 7#ai7 each place it appears and inserting paragraph 7#bj74 ,c ,manufacturing #abja4 ,manufacturing energy efficiency 7a7 ,purposes ,the purposes of this section are-- 7#a7 to reform and reorient the industrial efficiency programs of the ,department2 7#b7 to establish a clear and consistent authority for industrial efficiency programs of the ,department2 7#c7 to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity2 7#d7 to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the ,department and increase manufacturing efficiency2 7#e7 to stimulate domestic economic growth and improve industrial productivity and competitiveness2 and 7#f7 to strengthen partnerships between ,federal and ,state governmental agencies and the private and academic sectors4 7b7 ,future of ,industry program 7#a7 ,in general ,section #deb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7 is amended by striking the section heading and inserting the following3 ,future of ,industry program4 7#b7 ,definition of energy service provider ,section #deb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7;a77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7ii7 by inserting before subparagraph 7,f7 7as so redesignated7 the following3 7,e7 water and wastewater treatment facilities1 including systems that treat municipal1 industrial1 and agricultural waste2 and 2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,energy service provider ,the term energy service provider means any business providing technology or services to improve the energy efficiency1 water efficiency1 power factor1 or load management of a manufacturing site or other industrial process in an energy-intensive industry1 or any utility operating under a utility energy service project4 4 7#c7 ,industrial research and assessment centers ,section #deb7;e7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7;e77 is amended-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting appropriately2 7,b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7,c7 in subparagraph 7,a7 7as redesignated by subparagraph 7,a771 by inserting before the semicolon at the end the following3 1 including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis1 logistics1 system monitoring1 industrial and manufacturing processes1 and other purposes2 and 7,d7 by adding at the end the following3 7#b7 ,coordination ,to increase the value and capabilities of the industrial research and assessment centers1 the centers shall-- 7,a7 coordinate with ,manufacturing ,extension ,partnership ,centers of the ,national ,institute of ,standards and ,technology2 7,b7 coordinate with the ,building ,technologies ,program of the ,department of ,energy to provide building assessment services to manufacturers2 7,c7 increase partnerships with the ,national ,laboratories of the ,department of ,energy to leverage the expertise and technologies of the ,national ,laboratories for national industrial and manufacturing needs2 7,d7 increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency1 power factor1 and load management2 7,e7 identify opportunities for reducing greenhouse gas emissions2 and 7,f7 promote sustainable manufacturing practices for small- and medium-sized manufacturers4 7#c7 ,outreach ,the ,secretary shall provide funding for-- 7,a7 outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information1 technologies1 and services available2 and 7,b7 coordination activities by each industrial research and assessment center to leverage efforts with-- 7i7 ,federal and ,state efforts2 7ii7 the efforts of utilities and energy service providers2 7iii7 the efforts of regional energy efficiency organizations2 and 7iv7 the efforts of other industrial research and assessment centers4 7#d7 ,workforce training 7,a7 ,in general ,the ,secretary shall pay the ,federal share of associated internship programs under which students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers4 7,b7 ,federal share ,the ,federal share of the cost of carrying out internship programs described in subparagraph 7,a7 shall be #ej percent4 7#e7 ,small business loans ,the ,administrator of the ,small ,business ,administration shall1 to the maximum extent practicable1 expedite consideration of applications from eligible small business concerns for loans under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 to implement recommendations of industrial research and assessment centers established under paragraph 7#a74 7#f7 ,advanced manufacturing steering committee ,the ,secretary shall establish an advisory steering committee to provide recommendations to the ,secretary on planning and implementation of the ,advanced ,manufacturing ,office of the ,department of ,energy4 7#g7 ,expansion of technical assistance ,the ,secretary shall expand the institution of higher education-based industrial research and assessment centers1 working across ,federal agencies as necessary-- 7,a7 to provide comparable assessment services to water and wastewater treatment facilities1 including systems that treat municipal1 industrial1 and agricultural waste2 and 7,b7 to equip the directors of the centers with the training and tools necessary to provide technical assistance on energy savings to the water and wastewater treatment facilities4 4 7c7 ,sustainable manufacturing initiative 7#a7 ,in general ,part ,e of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda7 is amended by adding at the end the following3 #cgf4 ,sustainable manufacturing initiative 7a7 ,in general ,as part of the ,office of ,energy ,efficiency and ,renewable ,energy1 the ,secretary1 on the request of a manufacturer1 shall conduct on-site technical assessments to identify opportunities for-- 7#a7 maximizing the energy efficiency of industrial processes and cross-cutting systems2 7#b7 preventing pollution and minimizing waste2 7#c7 improving efficient use of water in manufacturing processes2 7#d7 conserving natural resources2 and 7#e7 achieving such other goals as the ,secretary determines to be appropriate4 7b7 ,coordination ,the ,secretary shall carry out the initiative in coordination with the private sector and appropriate agencies1 including the ,national ,institute of ,standards and ,technology1 to accelerate adoption of new and existing technologies and processes that improve energy efficiency4 7c7 ,research and development program for sustainable manufacturing and industrial technologies and processes ,as part of the industrial efficiency programs of the ,department of ,energy1 the ,secretary shall carry out a joint industry-government partnership program to research1 develop1 and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants1 reduce pollution1 and conserve natural resources4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by adding at the end of the items relating to part ,e of title ,,iii the following3 ,sec4 #cgf4 ,sustainable manufacturing initiative4 4 #abjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers 7a7 ,definitions ,in this section and section #abjc3 7#a7 ,energy management system ,the term 8energy management system0 means a business management process based on standards of the ,american ,national ,standards ,institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance1 including energy efficiency1 security1 use1 and consumption4 7#b7 ,industrial assessment center ,the term 8industrial assessment center0 means a center located at an institution of higher education that-- 7,a7 receives funding from the ,department2 7,b7 provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant site2 and 7,c7 identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements1 waste minimization1 pollution prevention1 and productivity improvement4 7#c7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#d7 ,small and medium manufacturers ,the term 8small and medium manufacturers0 means manufacturing firms-- 7,a7 classified in the ,north ,american ,industry ,classification ,system as any of sectors #ca through #cc2 7,b7 with gross annual sales of less than #ajj1jjj1jjj2 7,c7 with fewer than #ejj employees at the plant site2 and 7,d7 with annual energy bills totaling more than #ajj1jjj and less than #b1ejj1jjj4 7#e7 ,smart manufacturing ,the term smart manufacturing means advanced technologies in information1 automation1 monitoring1 computation1 sensing1 modeling1 and networking that-- 7,a7 digitally-- 7i7 simulate manufacturing production lines2 7ii7 operate computer-controlled manufacturing equipment2 7iii7 monitor and communicate production line status2 and 7iv7 manage and optimize energy productivity and cost throughout production2 7,b7 model1 simulate1 and optimize the energy efficiency of a factory building2 7,c7 monitor and optimize building energy performance2 7,d7 model1 simulate1 and optimize the design of energy efficient and sustainable products1 including the use of digital prototyping and additive manufacturing to enhance product design2 7,e7 connect manufactured products in networks to monitor and optimize the performance of the networks1 including automated network operations2 and 7,f7 digitally connect the supply chain network4 7b7 ,expansion of ,technical ,assistance ,programs ,the ,secretary shall expand the scope of technologies covered by the ,industrial ,assessment ,centers of the ,department-- 7#a7 to include smart manufacturing technologies and practices2 and 7#b7 to equip the directors of the ,industrial ,assessment ,centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices1 including energy management systems1 to manufacturers4 7c7 ,funding ,the ,secretary shall use unobligated funds of the ,department to carry out this section4 #abjc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall conduct a study on ways in which the ,department can increase access to existing high-performance computing resources in the ,national ,laboratories1 particularly for small and medium manufacturers4 7#b7 ,inclusions ,in identifying ways to increase access to ,national ,laboratories under paragraph 7#a71 the ,secretary shall-- 7,a7 focus on increasing access to the computing facilities of the ,national ,laboratories2 and 7,b7 ensure that-- 7i7 the information from the manufacturer is protected2 and 7ii7 the security of the ,national ,laboratory facility is maintained4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study4 7b7 ,actions for ,increased ,access ,the ,secretary shall facilitate access to the ,national ,laboratories studied under subsection 7a7 for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the ,national ,laboratories to enhance the manufacturing competitiveness of the ,united ,states4 ,d ,vehicles #acja4 ,short title ,this subtitle may be cited as the ,vehicle ,innovation ,act of #bjaf4 #acjb4 ,objectives ,the objectives of this subtitle are-- 7#a7 to establish a consistent and consolidated authority for the vehicle technology program at the ,department2 7#b7 to develop ,united ,states technologies and practices that-- 7,a7 improve the fuel efficiency and emissions of all vehicles produced in the ,united ,states2 and 7,b7 reduce vehicle reliance on petroleum-based fuels2 7#c7 to support domestic research1 development1 engineering1 demonstration1 and commercial application and manufacturing of advanced vehicles1 engines1 and components2 7#d7 to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions2 7#e7 to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger1 commercial1 government1 and transit vehicle sectors2 7#f7 to allow for greater consumer choice of vehicle technologies and fuels2 7#g7 shorten technology development and integration cycles in the vehicle industry2 7#h7 to ensure a proper balance and diversity of ,federal investment in vehicle technologies2 and 7#i7 to strengthen partnerships between ,federal and ,state governmental agencies and the private and academic sectors4 #acjc4 ,coordination and nonduplication ,the ,secretary shall ensure1 to the maximum extent practicable1 that the activities authorized by this subtitle do not duplicate those of other programs within the ,department or other relevant research agencies4 #acjd4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for research1 development1 engineering1 demonstration1 and commercial application of vehicles and related technologies in the ,united ,states1 including activities authorized under this subtitle-- 7#a7 for fiscal year #bjaf1 #cac1efg1jjj2 7#b7 for fiscal year #bjag1 #cbf1aji1jjj2 7#c7 for fiscal year #bjah1 #cci1aed1jjj2 7#d7 for fiscal year #bjai1 #ceb1gbj1jjj2 and 7#e7 for fiscal year #bjbj1 #cff1hbi1jjj4 #acje4 ,reporting 7a7 ,technologies developed ,not later than #ah months after the date of enactment of this ,act and annually thereafter through #bjbj1 the ,secretary shall submit to ,congress a report regarding the technologies developed as a result of the activities authorized by this subtitle1 with a particular emphasis on whether the technologies were successfully adopted for commercial applications1 and if so1 whether products relying on those technologies are manufactured in the ,united ,states4 7b7 ,additional matters ,at the end of each fiscal year through #bjbj1 the ,secretary shall submit to the relevant ,congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this ,act1 active industry participants1 the status of public private partnerships1 progress of the program in meeting goals and timelines1 and a strategic plan for funding of activities across agencies4 ,i ,vehicle ,research and ,development #acjf4 ,program 7a7 ,activities ,the ,secretary shall conduct a program of basic and applied research1 development1 engineering1 demonstration1 and commercial application activities on materials1 technologies1 and processes with the potential to substantially reduce or eliminate petroleum use and the emissions of the ,nation's passenger and commercial vehicles1 including activities in the areas of-- 7#a7 electrification of vehicle systems2 7#b7 batteries1 ultracapacitors1 and other energy storage devices2 7#c7 power electronics2 7#d7 vehicle1 component1 and subsystem manufacturing technologies and processes2 7#e7 engine efficiency and combustion optimization2 7#f7 waste heat recovery2 7#g7 transmission and drivetrains2 7#h7 hydrogen vehicle technologies1 including fuel cells and internal combustion engines1 and hydrogen infrastructure1 including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power2 7#i7 natural gas vehicle technologies2 7#aj7 aerodynamics1 rolling resistance 7including tires and wheel assemblies71 and accessory power loads of vehicles and associated equipment2 7#aa7 vehicle weight reduction1 including lightweighting materials and the development of manufacturing processes to fabricate1 assemble1 and use dissimilar materials2 7#ab7 friction and wear reduction2 7#ac7 engine and component durability2 7#ad7 innovative propulsion systems2 7#ae7 advanced boosting systems2 7#af7 hydraulic hybrid technologies2 7#ag7 engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels2 7#ah7 predictive engineering1 modeling1 and simulation of vehicle and transportation systems2 7#ai7 refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles1 including the unique challenges facing rural areas2 7#bj7 gaseous fuels storage systems and system integration and optimization2 7#ba7 sensing1 communications1 and actuation technologies for vehicle1 electrical grid1 and infrastructure2 7#bb7 efficient use1 substitution1 and recycling of potentially critical materials in vehicles1 including rare earth elements and precious metals1 at risk of supply disruption2 7#bc7 aftertreatment technologies2 7#bd7 thermal management of battery systems2 7#be7 retrofitting advanced vehicle technologies to existing vehicles2 7#bf7 development of common standards1 specifications1 and architectures for both transportation and stationary battery applications2 7#bg7 advanced internal combustion engines2 7#bh7 mild hybrid2 7#bi7 engine down speeding2 7#cj7 vehicle-to-vehicle1 vehicle-to-pedestrian1 and vehicle-to-infrastructure technologies2 and 7#ca7 other research areas as determined by the ,secretary4 7b7 ,transformational technology ,the ,secretary shall ensure that the ,department continues to support research1 development1 engineering1 demonstration1 and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve reductions in emissions1 including activities in the areas of-- 7#a7 hydrogen vehicle technologies1 including fuel cells1 hydrogen storage1 infrastructure1 and activities in hydrogen technology validation and safety codes and standards2 7#b7 multiple battery chemistries and novel energy storage devices1 including nonchemical batteries and electromechanical storage technologies such as hydraulics1 flywheels1 and compressed air storage2 7#c7 communication and connectivity among vehicles1 infrastructure1 and the electrical grid2 and 7#d7 other innovative technologies research and development1 as determined by the ,secretary4 7c7 ,industry participation ,to the maximum extent practicable1 activities under this ,act shall be carried out in partnership or collaboration with automotive manufacturers1 heavy commercial1 vocational1 and transit vehicle manufacturers1 qualified plug-in electric vehicle manufacturers1 compressed natural gas vehicle manufacturers1 vehicle and engine equipment and component manufacturers1 manufacturing equipment manufacturers1 advanced vehicle service providers1 fuel producers and energy suppliers1 electric utilities1 universities1 national laboratories1 and independent research laboratories4 ,in carrying out this ,act the ,secretary shall-- 7#a7 determine whether a wide range of companies that manufacture or assemble vehicles or components in the ,united ,states are represented in ongoing public private partnership activities1 including firms that have not traditionally participated in federally sponsored research and development activities1 and where possible1 partner with such firms that conduct significant and relevant research and development activities in the ,united ,states2 7#b7 leverage the capabilities and resources of1 and formalize partnerships with1 industry-led stakeholder organizations1 nonprofit organizations1 industry consortia1 and trade associations with expertise in the research and development of1 and education and outreach activities in1 advanced automotive and commercial vehicle technologies2 7#c7 develop more effective processes for transferring research findings and technologies to industry2 7#d7 support public-private partnerships1 dedicated to overcoming barriers in commercial application of transformational vehicle technologies1 that utilize such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology2 and 7#e7 promote efforts to ensure that technology research1 development1 engineering1 and commercial application activities funded under this ,act are carried out in the ,united ,states4 7d7 ,interagency and intraagency coordination ,to the maximum extent practicable1 the ,secretary shall coordinate research1 development1 demonstration1 and commercial application activities among-- 7#a7 relevant programs within the ,department1 including-- 7,a7 the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 the ,office of ,science2 7,c7 the ,office of ,electricity ,delivery and ,energy ,reliability2 7,d7 the ,office of ,fossil ,energy2 7,e7 the ,advanced ,research ,projects ,agency--,energy2 and 7,f7 other offices as determined by the ,secretary2 and 7#b7 relevant technology research and development programs within other ,federal agencies1 as determined by the ,secretary4 7e7 ,federal demonstration of technologies ,the ,secretary shall make information available to procurement programs of ,federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this ,act4 7f7 ,intergovernmental coordination ,the ,secretary shall seek opportunities to leverage resources and support initiatives of ,state and local governments in developing and promoting advanced vehicle technologies1 manufacturing1 and infrastructure4 7g7 ,criteria ,when awarding grants under this program1 the ,secretary shall give priority to those technologies 7either individually or as part of a system7 that-- 7#a7 provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology2 and 7#b7 provide the greatest increase in ,united ,states employment4 7h7 ,secondary use applications 7#a7 ,in general ,the ,secretary shall carry out a research1 development1 and demonstration program that-- 7,a7 builds on any work carried out under section #iae of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaie72 7,b7 identifies possible uses of a vehicle battery after the useful life of the battery in a vehicle has been exhausted2 7,c7 conducts long-term testing to verify performance and degradation predictions and lifetime valuations for secondary uses2 7,d7 evaluates innovative approaches to recycling materials from plug-in electric drive vehicles and the batteries used in plug-in electric drive vehicles2 7,e7 7i7 assesses the potential for markets for uses described in subparagraph 7,b7 to develop2 and 7ii7 identifies any barriers to the development of those markets2 and 7,f7 identifies the potential uses of a vehicle battery-- 7i7 with the most promise for market development2 and 7ii7 for which market development would be aided by a demonstration project4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress an initial report on the findings of the program described in paragraph 7#a71 including recommendations for stationary energy storage and other potential applications for batteries used in plug-in electric drive vehicles4 7#c7 ,secondary use demonstration 7,a7 ,in general ,based on the results of the program described in paragraph 7#a71 the ,secretary shall develop guidelines for projects that demonstrate the secondary uses and innovative recycling of vehicle batteries4 7,b7 ,publication of guidelines ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall-- 7i7 publish the guidelines described in subparagraph 7,a72 and 7ii7 solicit applications for funding for demonstration projects4 7,c7 ,pilot demonstration program ,not later than #ba months after the date of enactment of this ,act1 the ,secretary shall select proposals for grant funding under this section1 based on an assessment of which proposals are mostly likely to contribute to the development of a secondary market for batteries4 #acjg4 ,manufacturing ,the ,secretary shall carry out a research1 development1 engineering1 demonstration1 and commercial application program of advanced vehicle manufacturing technologies and practices1 including innovative processes-- 7#a7 to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing2 7#b7 to vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations2 7#c7 to reduce waste streams1 emissions1 and energy intensity of vehicle1 engine1 advanced battery and component manufacturing processes2 7#d7 to recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications2 7#e7 to develop manufacturing processes to effectively fabricate1 assemble1 and produce cost-effective lightweight materials such as advanced aluminum and other metal alloys1 polymeric composites1 and carbon fiber for use in vehicles2 7#f7 to produce lightweight high pressure storage systems for gaseous fuels2 7#g7 to design and manufacture purpose-built hydrogen fuel cell vehicles and components2 7#h7 to improve the calendar life and cycle life of advanced batteries2 and 7#i7 to produce permanent magnets for advanced vehicles4 ,,ii ,medium- and ,heavy-,duty ,commercial and ,transit ,vehicles #acjh4 ,program ,the ,secretary1 in partnership with relevant research and development programs in other ,federal agencies1 and a range of appropriate industry stakeholders1 shall carry out a program of cooperative research1 development1 demonstration1 and commercial application activities on advanced technologies for medium- to heavy-duty commercial1 vocational1 recreational1 and transit vehicles1 including activities in the areas of-- 7#a7 engine efficiency and combustion research2 7#b7 onboard storage technologies for compressed and liquefied natural gas2 7#c7 development and integration of engine technologies designed for natural gas operation of a variety of vehicle platforms2 7#d7 waste heat recovery and conversion2 7#e7 improved aerodynamics and tire rolling resistance2 7#f7 energy and space-efficient emissions control systems2 7#g7 mild hybrid1 heavy hybrid1 hybrid hydraulic1 plug-in hybrid1 and electric platforms1 and energy storage technologies2 7#h7 drivetrain optimization2 7#i7 friction and wear reduction2 7#aj7 engine idle and parasitic energy loss reduction2 7#aa7 electrification of accessory loads2 7#ab7 onboard sensing and communications technologies2 7#ac7 advanced lightweighting materials and vehicle designs2 7#ad7 increasing load capacity per vehicle2 7#ae7 thermal management of battery systems2 7#af7 recharging infrastructure2 7#ag7 compressed natural gas infrastructure2 7#ah7 advanced internal combustion engines2 7#ai7 complete vehicle and power pack modeling1 simulation1 and testing2 7#bj7 hydrogen vehicle technologies1 including fuel cells and internal combustion engines1 and hydrogen infrastructure1 including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power2 7#ba7 retrofitting advanced technologies onto existing truck fleets2 7#bb7 advanced boosting systems2 7#bc7 engine down speeding2 and 7#bd7 integration of these and other advanced systems onto a single truck and trailer platform4 #acji4 ,class #h truck and trailer systems demonstration 7a7 ,in general ,the ,secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on ,class #h truck and trailer platforms1 including a combination of technologies listed in section #acjh4 7b7 ,applicant teams ,applicant teams may be comprised of truck and trailer manufacturers1 engine and component manufacturers1 fleet customers1 university researchers1 and other applicants as appropriate for the development and demonstration of integrated ,class #h truck and trailer systems4 #acaj4 ,technology testing and metrics ,the ,secretary1 in coordination with the partners of the interagency research program described in section #acjh-- 7#a7 shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions1 including for heavy hybrid propulsion systems2 7#b7 shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon1 including those based on units of volume and weight transported for freight applications1 and appropriate metrics based on the work performed by nonroad systems2 and 7#c7 may construct heavy duty truck and bus testing facilities4 #acaa4 ,nonroad systems pilot program ,the ,secretary shall undertake a pilot program of research1 development1 demonstration1 and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural1 construction1 air1 and sea port equipment1 and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors4 ,,iii ,administration #acab4 ,repeal of existing authorities 7a7 ,in general ,sections #gjf1 #gaa1 #gab1 and #icc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjea1 #afjfa1 #afjfb1 #afbcc7 are repealed4 7b7 ,energy efficiency ,section #iaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 by striking vehicles1 buildings1 and inserting buildings2 and 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a72 and 7ii7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,a7 through 7,d71 respectively2 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7,c7 in paragraph 7#c7 7as so redesignated71 by striking 7a77#b77;,d7 and inserting 7a77#b77;,c74 #acac4 ,reauthorization of diesel emissions reduction program ,section #gig7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afacg7;a77 is amended by striking #bjaf and inserting #bjba4 #acad4 ,gaseous fuel dual fueled automobiles ,section #cbije of title #di1 ,united ,states ,code1 is amended by striking subsection 7d7 and inserting the following3 7d7 ,gaseous fuel dual fueled automobiles 7#a7 ,model years #aiic through #bjaf ,for any model of gaseous fuel dual fueled automobile manufactured by a manufacturer in model years #aiic through #bjaf1 the ,administrator shall measure the fuel economy for that model by dividing #a4j by the sum of-- 7,a7 4#e divided by the fuel economy measured under section #cbijd7;c7 of this title when operating the model on gasoline or diesel fuel2 and 7,b7 4#e divided by the fuel economy measured under subsection 7c7 of this section when operating the model on gaseous fuel4 7#b7 ,subsequent model years ,for any model of gaseous fuel dual fueled automobile manufactured by a manufacturer in model year #bjag or any subsequent model year1 the ,administrator shall calculate fuel economy in accordance with section #fjj4eaj-ab 7c77#b77vii7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph7 if the vehicle qualifies under section #cbija7;c74 4 ,e ,short title #adja4 ,short title ,this title may be cited as the ,portman-,shaheen ,energy ,efficiency ,improvement ,act of #bjaf4 ,f ,housing #aeja4 ,definitions ,in this subtitle1 the following definitions shall apply3 7#a7 ,covered loan ,the term covered loan means a loan secured by a home that is insured by the ,federal ,housing ,administration under title ,,ii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agjg et seq474 7#b7 ,homeowner ,the term homeowner means the mortgagor under a covered loan4 7#c7 ,mortgagee ,the term mortgagee means an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated4 #aejb4 ,enhanced energy efficiency underwriting criteria 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall1 in consultation with the advisory group established in section #aeje7;c71 develop and issue guidelines for the ,federal ,housing ,administration to implement enhanced loan eligibility requirements1 for use when testing the ability of a loan applicant to repay a covered loan1 that account for the expected energy cost savings for a loan applicant at a subject property1 in the manner set forth in subsections 7b7 and 7c74 7b7 ,requirements to account for energy cost savings 7#a7 ,in general ,the enhanced loan eligibility requirements under subsection 7a7 shall require that1 for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the homeowner1 the ,federal ,housing ,administration and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses4 7#b7 ,use as offset ,to the extent that the ,federal ,housing ,administration uses a test such as a debt-to-income test that includes certain regular expenses1 such as hazard insurance and property taxes-- 7,a7 the expected energy cost savings shall be included as an offset to these expenses2 and 7,b7 the ,federal ,housing ,administration may not use the offset described in subparagraph 7,a7 to qualify a loan applicant for insurance under title ,,ii of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agjg et seq47 with respect to a loan that would not otherwise meet the requirements for such insurance4 7#c7 ,types of energy costs ,energy costs to be assessed under this subsection shall include the cost of electricity1 natural gas1 oil1 and any other fuel regularly used to supply energy to the subject property4 7c7 ,determination of estimated energy cost savings 7#a7 ,in general ,the guidelines to be issued under subsection 7a7 shall include instructions for the ,federal ,housing ,administration to calculate estimated energy cost savings using-- 7,a7 the energy efficiency report2 7,b7 an estimate of baseline average energy costs2 and 7,c7 additional sources of information as determined by the ,secretary of ,housing and ,urban ,development4 7#b7 ,report requirements ,for the purposes of paragraph 7#a71 an energy efficiency report shall-- 7,a7 estimate the expected energy cost savings specific to the subject property1 based on specific information about the property2 7,b7 be prepared in accordance with the guidelines to be issued under subsection 7a72 and 7,c7 be prepared-- 7i7 in accordance with the ,residential ,energy ,service ,network's ,home ,energy ,rating ,system 7commonly known as ,,hers7 by an individual certified by the ,residential ,energy ,service ,network1 unless the ,secretary of ,housing and ,urban ,development finds that the use of ,,hers does not further the purposes of this subtitle2 7ii7 in accordance with the ,alaska ,housing ,finance ,corporation energy rating system by an individual certified by the ,alaska ,housing ,finance ,corporation as an authorized ,energy ,rater2 or 7iii7 by other methods approved by the ,secretary of ,housing and ,urban ,development1 in consultation with the ,secretary and the advisory group established in section #aeje7;c71 for use under this subtitle1 which shall include a third-party quality assurance procedure4 7#c7 ,use by appraiser ,if an energy efficiency report is used under subsection 7b71 the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency4 7d7 ,pricing of loans 7#a7 ,in general ,the ,federal ,housing ,administration may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of the loans4 7#b7 ,imposition of certain material costs1 impediments1 or penalties ,in the absence of a publicly disclosed analysis that demonstrates significant additional default risk or prepayment risk associated with the loans1 the ,federal ,housing ,administration shall not impose material costs1 impediments1 or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section4 7e7 ,limitations 7#a7 ,in general ,the ,federal ,housing ,administration may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of those loans4 7#b7 ,prohibited actions ,the ,federal ,housing ,administration shall not-- 7,a7 modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this section2 or 7,b7 impose greater buy back requirements1 credit overlays1 or insurance requirements1 including private mortgage insurance1 on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section4 7f7 ,applicability and implementation date ,not later than #c years after the date of enactment of this ,act1 and before ,december #ca1 #bjai1 the enhanced loan eligibility requirements required under this section shall be implemented by the ,federal ,housing ,administration to-- 7#a7 apply to any covered loan for the sale1 or refinancing of any loan for the sale1 of any home2 7#b7 be available on any residential real property 7including individual units of condominiums and cooperatives7 that qualifies for a covered loan2 and 7#c7 provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods4 #aejc4 ,enhanced energy efficiency underwriting valuation guidelines 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall-- 7#a7 in consultation with the ,federal ,financial ,institutions ,examination ,council and the advisory group established in section #aeje7;c71 develop and issue guidelines for the ,federal ,housing ,administration to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of section #aejb7;c77#b72 and 7#b7 in consultation with the ,secretary1 issue guidelines for the ,federal ,housing ,administration to determine the estimated energy savings under subsection 7c7 for properties with an energy efficiency report4 7b7 ,requirements ,the enhanced energy efficiency underwriting valuation guidelines required under subsection 7a7 shall include-- 7#a7 a requirement that if an energy efficiency report that meets the requirements of section #aejb7;c77#b7 is voluntarily provided to the mortgagee1 such report shall be used by the mortgagee or the ,federal ,housing ,administration to determine the estimated energy savings of the subject property2 and 7#b7 a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or the ,federal ,housing ,administration for the purpose of determining the loan-to-value ratio of the subject property1 unless the appraisal includes the value of the overall energy efficiency of the subject property1 using methods to be established under the guidelines issued under subsection 7a74 7c7 ,determination of estimated energy savings 7#a7 ,amount of energy savings ,the amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses1 as determined in guidelines to be issued under subsection 7a71 and the estimated energy costs for the subject property based upon the energy efficiency report4 7#b7 ,duration of energy savings ,the duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment1 consistent with the rating system used to produce the energy efficiency report4 7#c7 ,present value of energy savings ,the present value of the future savings shall be discounted using the average interest rate on conventional #cj-year mortgages1 in the manner directed by guidelines issued under subsection 7a74 7d7 ,ensuring consideration of energy efficient features ,section #aaaj of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ccci7 is amended-- 7#a7 in paragraph 7#b71 by striking 2 and at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 that ,state certified and licensed appraisers have timely access1 whenever practicable1 to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy-saving improvements or features of a property1 such as-- 7,a7 labels or ratings of buildings2 7,b7 installed appliances1 measures1 systems or technologies2 7,c7 blueprints2 7,d7 construction costs2 7,e7 financial or other incentives regarding energy-efficient components and systems installed in a property2 7,f7 utility bills2 7,g7 energy consumption and benchmarking data2 and 7,h7 third-party verifications or representations of energy and water efficiency performance of a property1 observing all financial privacy requirements adhered to by certified and licensed appraisers1 including section #eja of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja74 ,unless a property owner consents to a lender1 an appraiser1 in carrying out the requirements of paragraph 7#d71 shall not have access to the commercial or financial information of the owner that is privileged or confidential4 4 7e7 ,transactions requiring state certified appraisers ,section #aaac of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ccdb7 is amended-- 7#a7 in paragraph 7#a71 by inserting before the semicolon the following3 1 or any real property on which the appraiser makes adjustments using an energy efficiency report2 and 7#b7 in paragraph 7#b71 by inserting after before the period at the end the following3 1 or an appraisal on which the appraiser makes adjustments using an energy efficiency report4 7f7 ,protections 7#a7 ,authority to impose limitations ,the guidelines to be issued under subsection 7a7 shall include such limitations and conditions as determined by the ,secretary of ,housing and ,urban ,development to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount4 7#b7 ,additional authority ,at the end of the #g-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this subtitle1 the ,secretary of ,housing and ,urban ,development may modify or apply additional exceptions to the approach described in subsection 7b71 where the ,secretary of ,housing and ,urban ,development finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value4 7g7 ,applicability and implementation date ,not later than #c years after the date of enactment of this ,act1 and before ,december #ca1 #bjai1 the ,federal ,housing ,administration shall implement the guidelines required under this section1 which shall-- 7#a7 apply to any covered loan for the sale1 or refinancing of any loan for the sale1 of any home2 and 7#b7 be available on any residential real property1 including individual units of condominiums and cooperatives1 that qualifies for a covered loan4 #aejd4 ,monitoring ,not later than #a year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this subtitle1 and every year thereafter1 the ,federal ,housing ,administration shall issue and make available to the public a report that-- 7#a7 enumerates the number of covered loans of the ,federal ,housing ,administration for which there was an energy efficiency report1 and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements2 7#b7 includes the default rates and rates of foreclosures for each category of loans2 and 7#c7 describes the risk premium1 if any1 that the ,federal ,housing ,administration has priced into covered loans for which there was an energy efficiency report4 #aeje4 ,rulemaking 7a7 ,in general ,the ,secretary of ,housing and ,urban ,development shall prescribe regulations to carry out this subtitle1 in consultation with the ,secretary and the advisory group established in subsection 7c71 which may contain such classifications1 differentiations1 or other provisions1 and may provide for such proper implementation and appropriate treatment of different types of transactions1 as the ,secretary of ,housing and ,urban ,development determines are necessary or proper to effectuate the purposes of this subtitle1 to prevent circumvention or evasion thereof1 or to facilitate compliance therewith4 7b7 ,rule of construction ,nothing in this subtitle shall be construed to authorize the ,secretary of ,housing and ,urban ,development to require any homeowner or other party to provide energy efficiency reports1 energy efficiency labels1 or other disclosures to the ,federal ,housing ,administration or to a mortgagee4 7c7 ,advisory group ,to assist in carrying out this subtitle1 the ,secretary of ,housing and ,urban ,development shall establish an advisory group1 consisting of individuals representing the interests of-- 7#a7 mortgage lenders2 7#b7 appraisers2 7#c7 energy raters and residential energy consumption experts2 7#d7 energy efficiency organizations2 7#e7 real estate agents2 7#f7 home builders and remodelers2 7#g7 consumer advocates2 7#h7 ,state energy officials2 and 7#i7 others as determined by the ,secretary of ,housing and ,urban ,development4 #aejf4 ,additional study 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,housing and ,urban ,development shall reconvene the advisory group established in section #aeje7;c71 in addition to water and locational efficiency experts1 to advise the ,secretary of ,housing and ,urban ,development on the implementation of the enhanced energy efficiency underwriting criteria established in sections #aejb and #aejc4 7b7 ,recommendations ,the advisory group established in section #aeje7;c7 shall provide recommendations to the ,secretary of ,housing and ,urban ,development on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group1 which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs4 ,the ,secretary of ,housing and ,urban ,development shall forward any legislative recommendations from the advisory group to ,congress for its consideration4 ,,ii ,infrastructure ,a ,cybersecurity #bjja4 ,cybersecurity threats ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,cybersecurity threats 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae4 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 those matters4 7#c7 ,critical electric infrastructure information 7,a7 ,in general ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electric 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 7,b7 ,inclusions ,the term critical electric infrastructure information includes information that qualifies as critical energy infrastructure information under regulations promulgated by the ,commission4 7#d7 ,cybersecurity threat ,the term cybersecurity threat means the imminent danger of an act that severely disrupts1 attempts to severely disrupt1 or poses a significant risk of severely disrupting the operation of programmable electronic devices or communications networks 7including hardware1 software1 and data7 essential to the reliable operation of the bulk-power system4 7#e7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given the term in section #bae4 7#f7 ,regional entity ,the term regional entity has the meaning given the term in section #bae4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,emergency authority of ,secretary 7#a7 ,in general ,if the ,president notifies the ,secretary that the ,president has made a determination that immediate action is necessary to protect the bulk-power system from a cybersecurity threat1 the ,secretary may require1 by order and with or without notice1 any entity that is registered with the ,electric ,reliability ,organization as an owner1 operator1 or user of the bulk-power system to take such actions as the ,secretary determines will best avert or mitigate the cybersecurity threat4 7#b7 ,written explanation ,as soon as practicable after notifying the ,secretary under paragraph 7#a71 the ,president shall-- 7,a7 provide to the ,secretary1 in writing1 a record of the determination and an explanation of the reasons for the determination2 and 7,b7 promptly notify1 in writing1 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 the directive or determination4 7#c7 ,coordination with ,canada and ,mexico ,in exercising the authority pursuant to this subsection1 the ,secretary is encouraged to consult and coordinate with the appropriate officials in ,canada and ,mexico responsible for the protection of cybersecurity of the interconnected ,north ,american electricity grid4 7#d7 ,consultation ,before exercising authority pursuant to this subsection1 to the maximum extent practicable1 taking into consideration the nature of an identified cybersecurity threat and the urgency of need for action1 the ,secretary shall consult regarding implementation of actions that will effectively address the cybersecurity threat with-- 7,a7 any entities potentially subject to the cybersecurity threat that own1 control1 or operate bulk-power system facilities2 7,b7 the ,electric ,reliability ,organization2 7,c7 the ,electricity ,sub-sector ,coordinating ,council 7as established by the ,electric ,reliability ,organization72 and 7,d7 officials of other ,federal departments and agencies1 as appropriate4 7#e7 ,cost recovery 7,a7 ,in general ,the ,commission shall adopt regulations that permit entities subject to an order under paragraph 7#a7 to seek recovery of prudently incurred costs required to implement actions ordered by the ,secretary under this subsection4 7,b7 ,requirements ,any rate or charge approved under regulations adopted pursuant to this paragraph-- 7i7 shall be just and reasonable2 and 7ii7 shall not be unduly discriminatory or preferential4 7c7 ,duration of emergency orders ,an order issued by the ,secretary pursuant to subsection 7b7 shall remain in effect for not longer than the #cj-;day period beginning on the effective date of the order1 unless1 during that #cj day-period1 the ,secretary-- 7#a7 provides to interested persons an opportunity to submit written data1 recommendations1 and arguments2 and 7#b7 affirms1 amends1 or repeals the order1 subject to the condition that an amended order shall not exceed a total duration of #ij days4 7d7 ,protection and sharing of critical electric infrastructure 7#a7 ,protection of critical electric infrastructure ,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 ,state1 political subdivision1 or tribal authority pursuant to any ,state1 political subdivision1 or tribal law requiring disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than #a 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-- 7,a7 to designate critical electric infrastructure information2 7,b7 to prohibit the unauthorized disclosure of critical electric infrastructure information2 and 7,c7 to 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 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-- 7,a7 reviewing the prudence and cost of investments2 7,b7 determining the rates and terms of conditions for electric services2 and 7,c7 ensuring the safety and reliability of the bulk-power system and distribution facilities within the respective jurisdictions of the ,state commissions4 7#d7 ,no required sharing of information ,nothing in this section requires a person or entity in possession of critical electric infrastructure information to share the information with ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#e7 ,disclosure of noncritical electric infrastructure information ,in carrying out this section1 the ,commission shall segregate 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 4 #bjjb4 ,enhanced grid security 7a7 ,definitions ,in this section3 7#a7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#b7 ,,es-,,isac ,the term ,,es-,,isac means the ,electricity ,sector ,information ,sharing and ,analysis ,center4 7#c7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#d7 ,sector-,specific ,agency ,the term ,sector-,specific ,agency has the meaning given the term in the ,presidential policy directive entitled ,critical ,infrastructure ,security and ,resilience1 numbered #ba1 and dated ,february #ab1 #bjac4 7b7 ,sector-,specific ,agency for cybersecurity for the energy sector 7#a7 ,in general ,the ,department shall be the lead ,sector-,specific ,agency for cybersecurity for the energy sector4 7#b7 ,duties ,as the designated ,sector-,specific ,agency for cybersecurity1 the duties of the ,department shall include-- 7,a7 coordinating with the ,department of ,homeland ,security and other relevant ,federal departments and agencies2 7,b7 collaborating with-- 7i7 critical infrastructure owners and operators2 and 7ii7 as appropriate-- 7,i7 independent regulatory agencies2 and 7,,ii7 ,state1 local1 tribal and territorial entities2 7,c7 serving as a day-to-day ,federal interface for the dynamic prioritization and coordination of sector-specific activities2 7,d7 carrying out incident management responsibilities consistent with applicable law 7including regulations7 and other appropriate policies or directives2 7,e7 providing1 supporting1 or facilitating technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents1 as appropriate2 and 7,f7 supporting the reporting requirements of the ,department of ,homeland ,security under applicable law by providing1 on an annual basis1 sector-specific critical infrastructure information4 7c7 ,cybersecurity for the energy sector research1 development1 and demonstration program 7#a7 ,in general ,the ,secretary1 in consultation with appropriate ,federal agencies1 the energy sector1 the ,states1 and other stakeholders1 shall carry out a program-- 7,a7 to develop advanced cybersecurity applications and technologies for the energy sector-- 7i7 to identify and mitigate vulnerabilities1 including-- 7,i7 dependencies on other critical infrastructure2 and 7,,ii7 impacts from weather and fuel supply2 and 7ii7 to advance the security of field devices and third-party control systems1 including-- 7,i7 systems for generation1 transmission1 distribution1 end use1 and market functions2 7,,ii7 specific electric grid elements including advanced metering1 demand response1 distributed generation1 and electricity storage2 7,,iii7 forensic analysis of infected systems2 and 7,,iv7 secure communications2 7,b7 to leverage electric grid architecture as a means to assess risks to the energy sector1 including by implementing an all-hazards approach to communications infrastructure1 control systems architecture1 and power systems architecture2 7,c7 to perform pilot demonstration projects with the energy sector to gain experience with new technologies2 and 7,d7 to develop workforce development curricula for energy sector-related cybersecurity4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #fe1jjj1jjj for each of fiscal years #bjag through #bjbe4 7d7 ,energy sector component testing for cyberresilience program 7#a7 ,in general ,the ,secretary shall carry out a program-- 7,a7 to establish a cybertesting and mitigation program to identify vulnerabilities of energy sector supply chain products to known threats2 7,b7 to oversee third-party cybertesting2 and 7,c7 to develop procurement guidelines for energy sector supply chain components4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjag through #bjbe4 7e7 ,energy sector operational support for cyberresilience program 7#a7 ,in general ,the ,secretary may carry out a program-- 7,a7 to enhance and periodically test-- 7i7 the emergency response capabilities of the ,department2 and 7ii7 the coordination of the ,department with other agencies1 the ,national ,laboratories1 and private industry2 7,b7 to expand cooperation of the ,department with the intelligence communities for energy sector-related threat collection and analysis2 7,c7 to enhance the tools of the ,department and ,,es-,,isac for monitoring the status of the energy sector2 7,d7 to expand industry participation in ,,es-,,isac2 and 7,e7 to provide technical assistance to small electric utilities for purposes of assessing cybermaturity level4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjag through #bjbe4 7f7 ,modeling and assessing energy infrastructure risk 7#a7 ,in general ,the ,secretary shall develop an advanced energy security program to secure energy networks1 including electric1 natural gas1 and oil exploration1 transmission1 and delivery4 7#b7 ,security and resiliency objective ,the objective of the program developed under paragraph 7#a7 is to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards1 including electric magnetic pulse and geomagnetic disturbances4 7#c7 ,eligible activities ,in carrying out the program developed under paragraph 7#a71 the ,secretary may-- 7,a7 develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired2 7,b7 provide modeling at the national level to predict impacts from natural or human-made events2 7,c7 develop a maturity model for physical security and cybersecurity2 7,d7 conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid1 including providing mitigation recommendations2 7,e7 conduct research hardening solutions for critical components of the electric grid2 7,f7 conduct research mitigation and recovery solutions for critical components of the electric grid2 and 7,g7 provide technical assistance to ,states and other entities for standards and risk analysis4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjag through #bjbe4 7g7 ,leveraging existing programs ,the programs established under this section shall be carried out consistent with-- 7#a7 the report of the ,department entitled ,roadmap to ,achieve ,energy ,delivery ,systems ,cybersecurity and dated #bjaa2 7#b7 existing programs of the ,department2 and 7#c7 any associated strategic framework that links together academic and ,national ,laboratory researchers1 electric utilities1 manufacturers1 and any other relevant private industry organizations1 including the ,electricity ,sub-sector ,coordinating ,council4 7h7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and the ,north ,american ,electric ,reliability ,corporation1 shall conduct a study to explore alternative management structures and funding mechanisms to expand industry membership and participation in ,,es-,,isac4 7#b7 ,report ,the ,secretary shall submit to the appropriate committees of ,congress a report describing the results of the study conducted under paragraph 7#a74 ,b ,strategic ,petroleum ,reserve #baja4 ,strategic ,petroleum ,reserve modernization 7a7 ,reaffirmation of policy ,congress reaffirms the continuing strategic importance and need for the ,strategic ,petroleum ,reserve as found and declared in section #aea of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbca74 7b7 ,spr petroleum account ,section #afg7;b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbdg7;b77 is amended to read as follows3 7b7 ,obligation of funds for the acquisition1 transportation1 and injection of petroleum products into ,,spr and for other purposes 7#a7 ,purposes ,amounts in the ,account may be obligated by the ,secretary of ,energy for-- 7,a7 the acquisition1 transportation1 and injection of petroleum products into the ,reserve2 7,b7 test sales of petroleum products from the ,reserve2 7,c7 the drawdown1 sale1 and delivery of petroleum products from the ,reserve2 7,d7 the construction1 maintenance1 repair1 and replacement of storage facilities and related facilities2 and 7,e7 carrying out non-,reserve projects needed to enhance the energy security of the ,united ,states by increasing the resilience1 reliability1 safety1 and security of energy supply1 transmission1 storage1 or distribution infrastructure4 7#b7 ,amounts ,amounts in the ,account may be obligated by the ,secretary of ,energy for purposes of paragraph 7#a71 in the case of any fiscal year-- 7,a7 subject to section #ffj of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbgj71 in such aggregate amounts as may be appropriated in advance in appropriations ,acts2 and 7,b7 notwithstanding section #ffj of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbgj71 in an aggregate amount equal to the aggregate amount of the receipts to the ,united ,states from the sale of petroleum products in any drawdown and a distribution of the ,reserve under section #afa1 including-- 7i7 a drawdown and distribution carried out under subsection 7g7 of that section2 or 7ii7 from the sale of petroleum products under section #afj7;f74 7#c7 ,availability of funds ,funds available to the ,secretary of ,energy for obligation under this subsection may remain available without fiscal year limitation4 4 7c7 ,definition of related facility ,section #aeb7h7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbcb7h77 is amended by inserting terminals1 after reservoirs14 #bajb4 ,strategic petroleum reserve drawdown and sale ,section #djc of the ,bipartisan ,budget ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #ehi7 is amended by adding at the end the following3 7d7 ,increase2 ,limitation 7#a7 ,increase ,the ,secretary of ,energy may increase the drawdown and sales under paragraphs 7#a7 through 7#h7 of subsection 7a7 as the ,secretary of ,energy determines to be appropriate to maximize the financial return to ,united ,states taxpayers4 7#b7 ,limitation ,the ,secretary of ,energy shall not drawdown or conduct sales of crude oil under this section after the date on which a total of #e1jej1jjj1jjj has been deposited in the general fund of the ,treasury from sales authorized under this section4 4 ,c ,trade #bbja4 ,action on applications to export liquefied natural gas 7a7 ,decision deadline ,for proposals that must also obtain authorization from the ,federal ,energy ,regulatory ,commission or the ,maritime ,administration to site1 construct1 expand1 or operate liquefied natural gas export facilities1 the ,secretary shall issue a final decision on any application for the authorization to export natural gas under section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a77 not later than #de days after the later of-- 7#a7 the conclusion of the review to site1 construct1 expand1 or operate the liquefied natural gas export 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 7#db ,u4,s4,c4 #dcba et seq47 shall be considered concluded when the lead agency-- 7#a7 for a project requiring an ,environmental ,impact ,statement1 publishes a ,final ,environmental ,impact ,statement2 7#b7 for a project for which an ,environmental ,assessment has been prepared1 publishes a ,finding of ,no ,significant ,impact2 or 7#c7 determines that an application is eligible for a categorical exclusion pursuant to ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing regulations4 7c7 ,judicial review 7#a7 ,in general ,except for review in the ,supreme ,court1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or the circuit in which the liquefied natural gas export facility will be located pursuant to an application described in subsection 7a7 shall have original and exclusive jurisdiction over any civil action for the review of-- 7,a7 an order issued by the ,secretary with respect to such application2 or 7,b7 the failure of the ,secretary to issue a final decision on such application4 7#b7 ,order ,if the ,court in a civil action described in paragraph 7#a7 finds that the ,secretary has failed to issue a final decision on the application as required under subsection 7a71 the ,court shall order the ,secretary to issue the final decision not later than #cj days after the order of the ,court4 7#c7 ,expedited consideration ,the ,court shall-- 7,a7 set any civil action brought under this subsection for expedited consideration2 and 7,b7 set the matter on the docket as soon as practicable after the filing date of the initial pleading4 7#d7 ,transfers ,in the case of an application described in subsection 7a7 for which a petition for review has been filed-- 7,a7 upon motion by an applicant1 the matter shall be transferred to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or the circuit in which a liquefied natural gas export facility will be located pursuant to an application described in section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a772 and 7,b7 the provisions of this section shall apply4 #bbjb4 ,public disclosure of liquefied natural gas 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 7#a7 ,in general ,in the case of any authorization to export liquefied natural gas1 the ,secretary of ,energy shall require the applicant to report to the ,secretary of ,energy the names of the #a or more countries of destination to which the exported liquefied natural gas is delivered4 7#b7 ,timing ,the applicant shall file the report required under paragraph 7#a7 not later than-- 7,a7 in the case of the first export1 the last day of the month following the month of the first export2 and 7,b7 in the case of subsequent exports1 the date that is #cj days after the last day of the applicable month concerning the activity of the previous month4 7#c7 ,disclosure ,the ,secretary of ,energy shall publish the information reported under this subsection on the website of the ,department of ,energy and otherwise make the information available to the public4 4 #bbjc4 ,energy data collaboration 7a7 ,in general ,the ,administrator of the ,energy ,information ,administration 7referred to in this section as the ,administrator7 shall collaborate with the appropriate officials in ,canada and ,mexico1 as determined by the ,administrator1 to improve-- 7#a7 the quality and transparency of energy data in ,north ,america through reconciliation of data on energy trade flows among the ,united ,states1 ,canada1 and ,mexico2 7#b7 the extension of energy mapping capabilities in the ,united ,states1 ,canada1 and ,mexico2 and 7#c7 the development of common energy data terminology among the ,united ,states1 ,canada1 and ,mexico4 7b7 ,periodic updates ,the ,administrator shall periodically submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives an update on-- 7#a7 the extent to which energy data is being shared under subsection 7a72 and 7#b7 whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection4 ,d ,electricity and energy storage #bcja4 ,grid storage program 7a7 ,in general ,the ,secretary shall conduct a program of research1 development1 and demonstration of electric grid energy storage that addresses the principal challenges identified in the #bjac ,department of ,energy ,strategic ,plan for ,grid ,energy ,storage4 7b7 ,areas of focus ,the program under this section shall focus on-- 7#a7 materials1 electric thermal1 electromechanical1 and electrochemical systems research2 7#b7 power conversion technologies research2 7#c7 developing-- 7,a7 empirical and science-based industry standards to compare the storage capacity1 cycle length and capabilities1 and reliability of different types of electricity storage2 and 7,b7 validation and testing techniques2 7#d7 other fundamental and applied research critical to widespread deployment of electricity storage2 7#e7 device development that builds on results from research described in paragraphs 7#a71 7#b71 and 7#d71 including combinations of power electronics1 advanced optimizing controls1 and energy storage as a general purpose element of the electric grid2 7#f7 grid-scale testing and analysis of storage devices1 including test-beds and field trials2 7#g7 cost-benefit analyses that inform capital expenditure planning for regulators and owners and operators of components of the electric grid2 7#h7 electricity storage device safety and reliability1 including potential failure modes1 mitigation measures1 and operational guidelines2 7#i7 standards for storage device performance1 control interface1 grid interconnection1 and interoperability2 and 7#aj7 maintaining a public database of energy storage projects1 policies1 codes1 standards1 and regulations4 7c7 ,assistance to ,states ,the ,secretary may provide technical and financial assistance to ,states1 ,indian tribes1 or units of local government to participate in or use research1 development1 or deployment of technology developed under this section4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjag through #bjbf4 7e7 ,no effect on other provisions of law ,nothing in this subtitle or an amendment made by this subtitle authorizes regulatory actions that would duplicate or conflict with regulatory requirements1 mandatory standards1 or related processes under section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 7f7 ,use of funds ,to the maximum extent practicable1 in carrying out this section1 the ,secretary shall ensure that the use of funds to carry out this section is coordinated among different offices within the ,grid ,modernization ,initiative of the ,department and other programs conducting energy storage research4 #bcjb4 ,electric system grid architecture1 scenario development1 and modeling 7a7 ,grid architecture and scenario development 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall establish and facilitate a collaborative process to develop model grid architecture and a set of future scenarios for the electric system to examine the impacts of different combinations of resources 7including different quantities of distributed energy resources and large-scale1 central generation7 on the electric grid4 7#b7 ,market structure ,the grid architecture and scenarios developed under paragraph 7#a7 shall account for differences in market structure1 including an examination of the potential for stranded costs in each type of market structure4 7#c7 ,findings ,based on the findings of grid architecture developed under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether any additional standards are necessary to ensure the interoperability of grid systems and associated communications networks2 and 7,b7 if the ,secretary makes a determination that additional standards are necessary under subparagraph 7,a71 make recommendations for additional standards1 including1 as may be appropriate1 to the ,electric ,reliability ,organization under section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 7b7 ,modeling ,subject to subsection 7c71 the ,secretary shall-- 7#a7 conduct modeling based on the scenarios developed under subsection 7a72 and 7#b7 analyze and evaluate the technical and financial impacts of the models to assist ,states1 utilities1 and other stakeholders in-- 7,a7 enhancing strategic planning efforts2 7,b7 avoiding stranded costs2 and 7,c7 maximizing the cost-effectiveness of future grid-related investments4 7c7 ,input ,the ,secretary shall develop the scenarios and conduct the modeling and analysis under subsections 7a7 and 7b7 with participation or input1 as appropriate1 from-- 7#a7 the ,national ,laboratories2 7#b7 ,states2 7#c7 ,state regulatory authorities2 7#d7 transmission organizations2 7#e7 representatives of the electric industry2 7#f7 academic institutions2 7#g7 independent research institutes2 and 7#h7 other entities4 #bcjc4 ,hybrid micro-grid systems for isolated and resilient communities 7a7 ,definitions ,in this section3 7#a7 ,hybrid micro-grid system ,the term hybrid micro-grid system means a stand-alone electrical system that-- 7,a7 is comprised of conventional generation and at least #a alternative energy resource2 and 7,b7 may use grid-scale energy storage4 7#b7 ,isolated community ,the term isolated community means a community that is powered by a stand-alone electric generation and distribution system without the economic and reliability benefits of connection to a regional electric grid4 7#c7 ,micro-grid system ,the term micro-grid system means a standalone electrical system that uses grid-scale energy storage4 7#d7 ,strategy ,the term strategy means the strategy developed pursuant to subsection 7b77#b77;,b74 7b7 ,program 7#a7 ,establishment ,the ,secretary shall establish a program to promote the development of-- 7,a7 hybrid micro-grid systems for isolated communities2 and 7,b7 micro-grid systems to increase the resilience of critical infrastructure4 7#b7 ,phases ,the program established under paragraph 7#a7 shall be divided into the following phases3 7,a7 ,phase ,i1 which shall consist of the development of a feasibility assessment for-- 7i7 hybrid micro-grid systems in isolated communities2 and 7ii7 micro-grid systems to enhance the resilience of critical infrastructure4 7,b7 ,phase ,,ii1 which shall consist of the development of an implementation strategy1 in accordance with paragraph 7#c71 to promote the development of hybrid micro-grid systems for isolated communities1 particularly for those communities exposed to extreme weather conditions and high energy costs1 including electricity1 space heating and cooling1 and transportation4 7,c7 ,phase ,,iii1 which shall be carried out in parallel with ,phase ,,ii and consist of the development of an implementation strategy to promote the development of micro-grid systems that increase the resilience of critical infrastructure4 7,d7 ,phase ,,iv1 which shall consist of cost-shared demonstration projects1 based upon the strategies developed under subparagraph 7,b7 that include the development of physical and cybersecurity plans to take appropriate measures to protect and secure the electric grid4 7,e7 ,phase ,v1 which shall establish a benefits analysis plan to help inform regulators1 policymakers1 and industry stakeholders about the affordability1 environmental and resilience benefits associated with ,phases ,,ii1 ,,iii and ,,iv4 7#c7 ,requirements for strategy ,in developing the strategy under paragraph 7#b77;,b71 the ,secretary shall consider-- 7,a7 establishing future targets for the economic displacement of conventional generation using hybrid micro-grid systems1 including displacement of conventional generation used for electric power generation1 heating and cooling1 and transportation2 7,b7 the potential for renewable resources1 including wind1 solar1 and hydropower1 to be integrated into a hybrid micro-grid system2 7,c7 opportunities for improving the efficiency of existing hybrid micro-grid systems2 7,d7 the capacity of the local workforce to operate1 maintain1 and repair a hybrid micro-grid system2 7,e7 opportunities to develop the capacity of the local workforce to operate1 maintain1 and repair a hybrid micro-grid system2 7,f7 leveraging existing capacity within local or regional research organizations1 such as organizations based at institutions of higher education1 to support development of hybrid micro-grid systems1 including by testing novel components and systems prior to field deployment2 7,g7 the need for basic infrastructure to develop1 deploy1 and sustain a hybrid micro-grid system2 7,h7 input of traditional knowledge from local leaders of isolated communities in the development of a hybrid micro-grid system2 7,i7 the impact of hybrid micro-grid systems on defense1 homeland security1 economic development1 and environmental interests2 7,j7 opportunities to leverage existing interagency coordination efforts and recommendations for new interagency coordination efforts to minimize unnecessary overhead1 mobilization1 and other project costs2 and 7,k7 any other criteria the ,secretary determines appropriate4 7c7 ,collaboration ,the program established under subsection 7b77#a7 shall be carried out in collaboration with relevant stakeholders1 including1 as appropriate-- 7#a7 ,states2 7#b7 ,indian tribes2 7#c7 regional entities and regulators2 7#d7 units of local government2 7#e7 institutions of higher education2 and 7#f7 private sector entities4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the efforts to implement the program established under subsection 7b77#a7 and the status of the strategy developed under subsection 7b77#b77;,b74 #bcjd4 ,voluntary model pathways 7a7 ,establishment of voluntary model pathways 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall initiate the development of voluntary model pathways for modernizing the electric grid through a collaborative1 public-private effort that-- 7,a7 produces illustrative policy pathways that can be adapted for ,state and regional applications by regulators and policymakers2 7,b7 facilitates the modernization of the electric grid to achieve the objectives described in paragraph 7#b72 7,c7 ensures a reliable1 resilient1 affordable1 safe1 and secure electric system2 and 7,d7 acknowledges and provides for different priorities1 electric systems1 and rate structures across ,states and regions4 7#b7 ,objectives ,the pathways established under paragraph 7#a7 shall facilitate achievement of the following objectives3 7,a7 ,near real-time situational awareness of the electric system4 7,b7 ,data visualization4 7,c7 ,advanced monitoring and control of the advanced electric grid4 7,d7 ,enhanced certainty for private investment in the electric system4 7,e7 ,increased innovation4 7,f7 ,greater consumer empowerment4 7,g7 ,enhanced grid resilience1 reliability1 and robustness4 7,h7 ,improved-- 7i7 integration of distributed energy resources2 7ii7 interoperability of the electric system2 and 7iii7 predictive modeling and capacity forecasting4 7#c7 ,steering committee ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a steering committee to facilitate the development of the pathways under paragraph 7#a71 to be composed of members appointed by the ,secretary1 consisting of persons with appropriate expertise representing a diverse range of interests in the public1 private1 and academic sectors1 including representatives of-- 7,a7 the ,smart ,grid ,task ,force2 and 7,b7 the ,smart ,grid ,advisory ,committee4 7b7 ,technical assistance ,the ,secretary may provide technical assistance to ,states1 ,indian tribes1 or units of local government to adopt #a or more elements of the pathways developed under subsection 7a77#a74 #bcje4 ,performance metrics for electricity infrastructure providers 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report that includes-- 7#a7 an evaluation of the performance of the electric grid as of the date of the report2 and 7#b7 a description of the quantified costs and benefits associated with the changes evaluated under the scenarios developed under section #bcjb4 7b7 ,considerations for development of metrics ,in developing metrics for evaluating and quantifying the electric grid under subsection 7a71 the ,secretary shall consider-- 7#a7 standard methodologies for calculating improvements or deteriorations in the performance metrics1 such as reliability1 grid efficiency1 power quality1 consumer satisfaction1 sustainability1 and financial incentives2 7#b7 standard methodologies for calculating value to ratepayers1 including broad economic and related impacts from improvements to the performance metrics2 7#c7 appropriate ownership and operating roles for electric utilities that would enable improved performance through the adoption of emerging1 commercially available or advanced grid technologies or solutions1 including-- 7,a7 multicustomer micro-grids2 7,b7 distributed energy resources2 7,c7 energy storage2 7,d7 electric vehicles2 7,e7 electric vehicle charging infrastructure2 7,f7 integrated information and communications systems2 7,g7 transactive energy systems2 and 7,h7 advanced demand management systems2 and 7#d7 with respect to ,states1 the role of the grid operator in enabling a robust future electric system to ensure that-- 7,a7 electric utilities remain financially viable2 7,b7 electric utilities make the needed investments that ensure a reliable1 secure1 and resilient grid2 and 7,c7 costs incurred to transform to an integrated grid are allocated and recovered responsibly1 efficiently1 and equitably4 #bcjf4 ,state and regional electricity distribution planning 7a7 ,in general ,upon the request of a ,state or regional organization1 the ,secretary shall partner with ,states and regional organizations to facilitate the development of ,state and regional electricity distribution plans by-- 7#a7 conducting a resource assessment and analysis of future demand and distribution requirements2 and 7#b7 developing open source tools for ,state and regional planning and operations4 7b7 ,risk and security analysis ,the assessment under subsection 7a77#a7 shall include-- 7#a7 the evaluation of the physical and cybersecurity needs of an advanced distribution management system and the integration of distributed energy resources2 and 7#b7 advanced use of grid architecture to analyze risks in an all-hazards approach that includes communications infrastructure1 control systems architecture1 and power systems architecture4 7c7 ,technical assistance ,for the purpose of developing ,state and regional electricity distribution plans1 the ,secretary shall provide technical assistance to-- 7#a7 ,states2 7#b7 regional reliability entities2 and 7#c7 other distribution asset owners and operators4 #bcjg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out sections #bcjb through #bcjg #bjj1jjj1jjj for each of fiscal years #bjag through #bjbf4 #bcjh4 ,electric transmission infrastructure permitting 7a7 ,interagency rapid response team for transmission 7#a7 ,establishment ,there is established an interagency rapid response team1 to be known as the ,interagency ,rapid ,response ,team for ,transmission 7referred to in this subsection as the ,team71 to expedite and improve the permitting process for electric transmission infrastructure on ,federal land and non-,federal land4 7#b7 ,mission ,the mission of the ,team shall be-- 7,a7 to improve the timeliness and efficiency of electric transmission infrastructure permitting2 and 7,b7 to facilitate the performance of maintenance and upgrades to electric transmission lines on ,federal land and non-,federal land4 7#c7 ,membership ,the ,team shall be comprised of representatives of-- 7,a7 the ,federal ,energy ,regulatory ,commission2 7,b7 the ,department2 7,c7 the ,department of the ,interior2 7,d7 the ,department of ,defense2 7,e7 the ,department of ,agriculture2 7,f7 the ,council on ,environmental ,quality2 7,g7 the ,department of ,commerce2 7,h7 the ,advisory ,council on ,historic ,preservation2 and 7,i7 the ,environmental ,protection ,agency4 7#d7 ,duties ,the ,team shall-- 7,a7 facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants1 ,federal agencies1 ,states1 and ,indian tribes involved in the siting and permitting process2 7,b7 establish clear timelines for the review and coordination of electric transmission infrastructure projects by the applicable agencies2 7,c7 ensure that each electric transmission infrastructure project is posted on the ,federal permitting transmission tracking system known as e-,trans1 including information on the status and anticipated completion date of each project2 and 7,d7 regularly notify all participating members of the ,team involved in any specific permit of-- 7i7 any outstanding agency action that is required with respect to the permit2 and 7ii7 any approval or required comment that has exceeded statutory or agency timelines for completion1 including an identification of any ,federal agency1 department1 or field office that has not met the applicable timeline4 7#e7 ,annual reports ,annually1 the ,team shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes the average completion time for specific categories of regionally and nationally significant transmission projects1 based on information obtained from the applicable ,federal agencies4 7#f7 ,use of data by ,,omb ,using data provided by the ,team1 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual electric transmission infrastructure projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7b7 ,transmission ,ombudsperson 7#a7 ,establishment ,to enhance and ensure the reliability of the electric grid1 there is established within the ,council on ,environmental ,quality the position of ,transmission ,ombudsperson 7referred to in this subsection as the ,ombudsperson71 to provide a unified point of contact for-- 7,a7 resolving interagency or intra-agency issues or delays with respect to electric transmission infrastructure permits2 and 7,b7 receiving and resolving complaints from parties with outstanding or in-process applications relating to electric transmission infrastructure4 7#b7 ,duties ,the ,ombudsperson shall-- 7,a7 establish a process for-- 7i7 facilitating the permitting process for performance of maintenance and upgrades to electric transmission lines on ,federal land and non-,federal land1 with a special emphasis on facilitating access for immediate maintenance1 repair1 and vegetation management needs2 7ii7 resolving complaints filed with the ,ombudsperson with respect to in-process electric transmission infrastructure permits2 and 7iii7 issuing recommended resolutions to address the complaints filed with the ,ombudsperson2 and 7,b7 hear1 compile1 and share any complaints filed with ,ombudsperson relating to in-process electric transmission infrastructure permits4 7c7 ,agreements 7#a7 ,in general ,the ,secretary of the ,interior1 with respect to public lands 7as defined in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act 7#dc ,u4,s4,c4 #agjb7;e771 and the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land1 shall provide for continuity of the existing use and occupancy for the transmission of electric energy by any ,federal department or agency granted across public lands or ,national ,forest ,system land4 7#b7 ,agreements ,the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 within #cj days after receiving a request from the ,federal department or agency administering the electric energy transmission facilities1 shall1 in consultation with that department or agency1 initiate agreements regarding the use and occupancy or right-of-way 7including vegetation management agreements1 where applicable74 7d7 ,geomatic data ,if a ,federal or ,state department or agency considering an aspect of an application for ,federal authorization requires the applicant to submit environmental data1 the department or agency shall consider any such data gathered by geomatic techniques1 including tools and techniques used in land surveying1 remote sensing1 cartography1 geographic information systems1 global navigation satellite systems1 photogrammetry1 geophysics1 geography1 or other remote means4 #bcji4 ,report by transmission organizations on distributed energy resources and micro-grid systems 7a7 ,definitions ,in this section3 7#a7 ,distributed energy resource ,the term distributed energy resource means an electricity supply resource that1 as permitted by ,state law-- 7,a7 7i7 is interconnected to the electric system operated by a transmission organization at or below #fik,v2 and 7ii7 is subject to dispatch by the transmission organization2 and 7,b7 7i7 generates electricity using any primary energy source1 including solar energy and other renewable resources2 or 7ii7 stores energy and is capable of supplying electricity to the electric system operated by the transmission organization from the storage reservoir4 7#b7 ,electric generating capacity resource ,the term electric generating capacity resource means an electric generating resource1 as measured by the maximum load-carrying ability of the resource1 exclusive of station use and planned1 unplanned1 or other outage or derating1 that is subject to dispatch by a transmission organization to meet the resource adequacy needs of the systems operated by the transmission organization4 7#c7 ,micro-grid system ,the term micro-grid system means an electrically distinct system under common control that-- 7,a7 serves an electric load at or below #fik,v from a distributed energy resource or electric generating capacity resource2 and 7,b7 is subject to dispatch by a transmission organization4 7#d7 ,transmission organization ,the term transmission organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,report 7#a7 ,notice ,not later than #ad days after the date of enactment of this section1 the ,commission shall submit to each transmission organization notice that the transmission organization is required to file with the ,commission a report in accordance with paragraph 7#b74 7#b7 ,report ,not later than #ahj days after the date on which a transmission organization receives a notice under paragraph 7#a71 the transmission organization shall submit to the ,commission a report that-- 7,a7 7i7 identifies distributed energy resources and micro-grid systems that are subject to dispatch by the transmission organization as of the date of the report2 and 7ii7 describes the fuel sources and operational characteristics of such distributed energy resources and micro-grid systems1 including1 to the extent practicable1 a discussion of the benefits and costs associated with the distributed energy resources and micro-grid systems identified under clause 7i72 7,b7 evaluates1 with due regard for operational and economic benefits and costs1 the potential for distributed energy resources and micro-grid systems to be deployed to the transmission organization over the short- and long-term periods in the planning cycle of the transmission organization2 and 7,c7 identifies-- 7i7 over the short- and long-term periods in the planning cycle of the transmission organization1 barriers to the deployment to the transmission organization of distributed energy resources and micro-grid systems2 and 7ii7 potential changes to the operational requirements for1 or charges associated with1 the interconnection of distributed energy resources and micro-grid systems to the transmission organization that would reduce the barriers identified under clause 7i74 #bcaj4 ,net metering study guidance ,title ,,xviii of ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #aabb7 is amended by adding at the end the following3 #ahda4 ,net energy metering study 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 issue guidance on criteria required to be included in studies of net metering conducted by the ,department2 and 7#b7 undertake a study of net energy metering4 7b7 ,requirements and contents ,the model guidance issued under subsection 7a7 shall clarify without prejudice to other study criteria that any study of net energy metering1 including the study conducted by the ,department under subsection 7a7 shall-- 7#a7 be publicly available2 and 7#b7 assess benefits and costs of net energy metering1 including-- 7,a7 load data1 including hourly profiles2 7,b7 distributed generation production data2 7,c7 best available technology1 including inverter capability2 and 7,d7 benefits and costs of distributed energy deployment1 including-- 7i7 environmental benefits2 7ii7 changes in electric system reliability2 7iii7 changes in peak power requirements2 7iv7 provision of ancillary services1 including reactive power2 7v7 changes in power quality2 7vi7 changes in land-use effects2 7vii7 changes in right-of-way acquisition costs2 7viii7 changes in vulnerability to terrorism2 and 7ix7 changes in infrastructure resilience4 4 #bcab4 ,model guidance for combined heat and power systems and waste heat to power systems 7a7 ,definitions ,in this section3 7#a7 ,additional services ,the term additional services means the provision of supplementary power1 backup or standby power1 maintenance power1 or interruptible power to an electric consumer by an electric utility4 7#b7 ,waste heat to power system 7,a7 ,in general ,the term waste heat to power system means a system that generates electricity through the recovery of waste energy4 7,b7 ,exclusion ,the term waste heat to power system does not include a system that generates electricity through the recovery of a heat resource from a process the primary purpose of which is the generation of electricity using a fossil fuel4 7#c7 ,other terms 7,a7 ,,purpa ,the terms electric consumer1 electric utility1 interconnection service1 nonregulated electric utility1 and ,state regulatory authority have the meanings given those terms in the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq471 within the meaning of title ,i of that ,act 7#af ,u4,s4,c4 #bfaa et seq474 7,b7 ,,epca ,the terms combined heat and power system and waste energy have the meanings given those terms in section #cga of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda74 7b7 ,review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 shall review existing rules and procedures relating to interconnection service and additional services throughout the ,united ,states for electric generation with nameplate capacity up to #bj megawatts to identify barriers to the deployment of combined heat and power systems and waste heat to power systems4 7#b7 ,inclusion ,the review under this subsection shall include a review of existing rules and procedures relating to-- 7,a7 determining and assigning costs of interconnection service and additional services2 and 7,b7 ensuring adequate cost recovery by an electric utility for interconnection service and additional services4 7c7 ,model guidance 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 shall issue model guidance for interconnection service and additional services for use by ,state regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection 7b77#a74 7#b7 ,current best practices ,the model guidance issued under this subsection shall reflect1 to the maximum extent practicable1 current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect1 including-- 7,a7 relevant current standards developed by the ,institute of ,electrical and ,electronic ,engineers2 and 7,b7 model codes and rules adopted by-- 7i7 ,states2 or 7ii7 associations of ,state regulatory agencies4 7#c7 ,factors for consideration ,in establishing the model guidance under this subsection1 the ,secretary shall take into consideration-- 7,a7 the appropriateness of using standards or procedures for interconnection service that vary based on unit size1 fuel type1 or other relevant characteristics2 7,b7 the appropriateness of establishing fast-track procedures for interconnection service2 7,c7 the value of consistency with ,federal interconnection rules established by the ,federal ,energy ,regulatory ,commission as of the date of enactment of this ,act2 7,d7 the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services2 7,e7 the appropriate duration1 magnitude1 or usage of demand charge ratchets2 7,f7 potential alternative arrangements with respect to the procurement of additional services1 including-- 7i7 contracts tailored to individual electric consumers for additional services2 7ii7 procurement of additional services by an electric utility from a competitive market2 and 7iii7 waivers of fees or rates for additional services for small electric consumers2 and 7,g7 outcomes such as increased electric reliability1 fuel diversification1 enhanced power quality1 and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems4 ,e ,computing #bdja4 ,exascale computer research program 7a7 ,renaming of ,act 7#a7 ,in general ,section #a of the ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd 7#ae ,u4,s4,c4 #eeja note2 ,public ,law #ajh-dbc7 is amended by striking ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd and inserting ,exascale ,computing ,act of #bjaf4 7#b7 ,conforming amendment ,section #igf7;a77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaf7a77 is amended by striking ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd and inserting ,exascale ,computing ,act of #bjaf4 7b7 ,definitions ,section #b of the ,exascale ,computing ,act of #bjaf 7#ae ,u4,s4,c4 #eeda7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f71 respectively2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,exascale computing ,the term exascale computing means computing through the use of a computing machine that performs near or above #aj to the #ahth power floating point operations per second4 2 and 7#c7 in paragraph 7#f7 7as redesignated by paragraph 7#a771 by striking 1 acting through the ,director of the ,office of ,science of the ,department of ,energy4 7c7 ,department of ,energy ,high-,end ,computing ,research and ,development ,program ,section #c of the ,exascale ,computing ,act of #bjaf 7#ae ,u4,s4,c4 #eedb7 is amended-- 7#a7 in subsection 7a77#a71 by striking program and inserting coordinated program across the ,department2 7#b7 in subsection 7b77#b71 by striking 1 which may and all that follows through architectures2 and 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,exascale computing program 7#a7 ,in general ,the ,secretary shall conduct a research program 7referred to in this subsection as the ,program7 to develop #b or more exascale computing machine architectures to promote the missions of the ,department4 7#b7 ,implementation 7,a7 ,in general ,in carrying out the ,program1 the ,secretary shall-- 7i7 establish #b or more ,national ,laboratory partnerships with industry partners and institutions of higher education for the research and development of #b or more exascale computing architectures across all applicable organizations of the ,department2 and 7ii7 provide1 as appropriate1 on a competitive1 merit-reviewed basis1 access for researchers in industries in the ,united ,states1 institutions of higher education1 ,national ,laboratories1 and other ,federal agencies to the exascale computing systems developed pursuant to clause 7i74 7,b7 ,selection of partners ,the ,secretary shall select members for the partnerships with the computing facilities of the ,department under subparagraph 7,a7 through a competitive1 peer-review process4 7#c7 ,codesign and application development 7,a7 ,in general ,the ,secretary shall carry out the ,program through an integration of applications1 computer science1 applied mathematics1 and computer hardware architecture using the partnerships established pursuant to paragraph 7#b7 to ensure that1 to the maximum extent practicable1 #b or more exascale computing machine architectures are capable of solving ,department target applications and broader scientific problems4 7,b7 ,report ,the ,secretary shall submit to ,congress a report on how the integration under subparagraph 7,a7 is furthering application science data and computational workloads across application interests1 including national security1 material science1 physical science1 cybersecurity1 biological science1 the ,materials ,genome and ,,brain ,initiatives of the ,president1 advanced manufacturing1 and the national electric grid4 7#d7 ,project review 7,a7 ,in general ,the exascale architectures developed pursuant to partnerships established pursuant to paragraph 7#b7 shall be reviewed through a project review process4 7,b7 ,report ,not later than #ij days after the date of enactment of this subsection1 the ,secretary shall submit to ,congress a report on-- 7i7 the results of the review conducted under subparagraph 7,a72 and 7ii7 the coordination and management of the ,program to ensure an integrated research program across the ,department4 7#e7 ,annual reports ,at the time of the budget submission of the ,department for each fiscal year1 the ,secretary1 in consultation with the members of the partnerships established pursuant to paragraph 7#b71 shall submit to ,congress a report that describes funding for the ,program as a whole by functional element of the ,department and critical milestones4 4 7d7 ,authorization of appropriations ,section #d of the ,exascale ,computing ,act of #bjaf 7#ae ,u4,s4,c4 #eedc7 is amended-- 7#a7 by striking this ,act and inserting section #c7;d72 and 7#b7 by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 #bgb1jjj1jjj for fiscal year #bjaf2 7#b7 #cdj1jjj1jjj for fiscal year #bjag2 and 7#c7 #cfj1jjj1jjj for fiscal year #bjah4 4 ,,iii ,supply ,a ,renewables ,i ,hydroelectric #cjja4 ,hydropower regulatory improvements 7a7 ,sense of congress on the use of hydropower renewable resources ,it is the sense of ,congress that-- 7#a7 hydropower is a renewable resource for purposes of all ,federal programs and is an essential source of energy in the ,united ,states2 and 7#b7 the ,united ,states should increase substantially the capacity and generation of clean1 renewable hydropower resources that would improve environmental quality in the ,united ,states4 7b7 ,modifying the definition of renewable energy ,to include hydropower ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended-- 7#a7 in subsection 7a71 by striking the following amounts and all that follows through paragraph 7#c7 and inserting not less than #ae percent in fiscal year #bjaf and each fiscal year thereafter shall be renewable energy4 2 and 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means energy produced from solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 municipal solid waste1 or hydropower4 4 7c7 ,licenses for construction ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended1 in the first proviso1 by striking deem and inserting determine to be4 7d7 ,preliminary permits ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 in subsection 7a71 by striking three and inserting #d2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,commission may extend the period of a preliminary permit once for not more than #b additional years beyond the #c years and inserting the following3 8,commission may-- 7#a7 extend the period of a preliminary permit once for not more than #d additional years beyond the #d years 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 after the end of an extension period granted under paragraph 7#a71 issue an additional permit to the permittee if the ,commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit4 4 7e7 ,time limit for construction of project works ,section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 is amended in the second sentence by striking once but not longer than two additional years and inserting for not more than #h additional years14 7f7 ,license term ,section #ae7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7;e77 is amended-- 7#a7 by striking 7e7 ,except and inserting the following3 7e7 ,license term on relicensing 7#a7 ,in general ,except 2 and 7#b7 by adding at the end the following3 7#b7 ,consideration ,in determining the term of a license under paragraph 7#a71 the ,commission shall consider project-related investments by the licensee over the term of the existing license 7including any terms under annual licenses7 that resulted in new development1 construction1 capacity1 efficiency improvements1 or environmental measures1 but which did not result in the extension of the term of the license by the ,commission4 4 7g7 ,operation of navigation facilities ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended by striking the second1 third1 and fourth sentences4 7h7 ,alternative conditions and prescriptions ,section #cc of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking deems and inserting determines2 7,b7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by inserting determined to be necessary before by the ,secretary2 7,c7 by striking paragraph 7#d72 and 7,d7 by striking paragraph 7#e72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#d72 and 7,b7 by striking paragraph 7#e72 and 7#c7 by adding at the end the following3 7c7 ,further conditions ,this section applies to any further conditions or prescriptions proposed or imposed pursuant to section #d7;e71 #f1 or #ah4 4 7i7 ,licensing process improvements and coordination ,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 ,licensing process improvements 7a7 ,license studies 7#a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall-- 7,a7 conduct an investigation of best practices in performing licensing studies1 including methodologies and the design of studies to assess the full range of environmental impacts of a project2 7,b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this paragraph2 and 7,c7 encourage license applicants and cooperating agencies 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 7#b7 ,use of existing studies ,to the maximum extent practicable1 the ,commission shall use existing studies and data in individual licensing proceedings under this part in accordance with paragraph 7#a74 7#c7 ,nonduplication requirement ,to the maximum extent practicable1 the ,commission shall ensure that studies and data required for any ,federal authorization 7as defined in section #ce7;a77 applicable to a particular project or facility are not duplicated in other licensing proceedings under this part4 7#d7 ,biological opinions ,to the maximum extent practicable1 the ,secretary of ,commerce shall ensure that relevant offices within the ,national ,marine ,fisheries ,service prepare any biological opinion under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 that forms the basis for a prescription under section #ah on a concurrent rather than sequential basis4 7#e7 ,water quality certification deadline 7,a7 ,in general ,for purposes of issuing a license under this part1 the deadline for a certifying agency to act under section #dja7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7;a77 shall take effect only on the submission of a request for certification determined to be complete by the certifying agency4 7,b7 ,notice of complete request ,the certifying agency shall inform the ,commission when a request for certification is determined to be complete4 #ce4 ,licensing process coordination 7a7 ,definition of ,federal authorization ,in this section1 the term ,federal authorization means any authorization required under ,federal law 7including any license1 permit1 special use authorization1 certification1 opinion1 consultation1 determination1 or other approval7 with respect to-- 7#a7 a project licensed under section #d or #ae2 or 7#b7 a facility exempted under-- 7,a7 section #cj2 or 7,b7 section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d774 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 authorizations4 7#b7 ,other agencies ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission4 7c7 ,schedule 7#a7 ,timing for issuance ,it is the sense of ,congress that all ,federal authorizations required for a project or facility1 including a license or exemption order of the ,commission1 should be issued by the date that is #c years after the date on which an application is considered to be complete by the ,commission4 7#b7 ,commission schedule 7,a7 ,in general ,the ,commission shall establish a schedule for the issuance of all ,federal authorizations4 7,b7 ,requirements ,in establishing the schedule under subparagraph 7,a71 the ,commission shall-- 7i7 consult and cooperate with the ,federal and ,state agencies responsible for a ,federal authorization2 7ii7 ensure the expeditious completion of all proceedings relating to a ,federal authorization2 and 7iii7 comply with applicable schedules established by ,federal law with respect to a ,federal authorization4 7#c7 ,resolution of interagency disputes ,if the ,federal agency fails to adhere to the schedule established by the ,commission under paragraph 7#b71 or if the final condition of the ,secretary under section #d7;e7 or prescription under section #ah has been unreasonably delayed in derogation of the schedule established under paragraph 7#b71 or if a proposed alternative condition or prescription has been unreasonably denied1 or if a final condition or prescription would be inconsistent with the purposes of this part or other applicable law1 the ,commission may refer the matter to the ,chairman of the ,council on ,environmental ,quality-- 7,a7 to ensure timely participation2 7,b7 to ensure a timely decision2 7,c7 to mediate the dispute2 or 7,d7 to refer the matter to the ,president4 7d7 ,consolidated record 7#a7 ,in general ,the ,commission shall maintain official consolidated records of all license proceedings under this part4 7#b7 ,submission of recommendations ,any ,federal or ,state agency that is providing recommendations with respect to a license proceeding under this part shall submit to the ,commission for inclusion in the consolidated record relating to the license proceeding maintained under paragraph 7#a7-- 7,a7 the recommendations2 7,b7 the rationale for the recommendations2 and 7,c7 any supporting materials relating to the recommendations4 7#c7 ,written statement ,in a case in which a ,federal agency is making a determination with respect to a covered measure 7as defined in section #cf7;a771 the head of the ,federal agency shall include in the consolidated record a written statement demonstrating that the ,federal agency gave equal consideration to the effects of the covered measure on-- 7,a7 energy supply1 distribution1 cost1 and use2 7,b7 flood control2 7,c7 navigation2 7,d7 water supply2 and 7,e7 air quality and the preservation of other aspects of environmental quality4 #cf4 ,trial-type hearings 7a7 ,definition of covered measure ,in this section1 the term covered measure means-- 7#a7 a condition prescribed under section #d7;e71 including an alternative condition proposed under section #cc7;a72 7#b7 fishways prescribed under section #ah1 including an alternative prescription proposed under section #cc7;b72 or 7#c7 any further condition pursuant to section #d7;e71 #f1 or #ah4 7b7 ,authorization of trial-type hearing ,the license applicant 7including an applicant for a license under section #ae7 and any party to the proceeding shall be entitled to a determination on the record1 after opportunity for a trial-type hearing of not more than #abj days1 on any disputed issues of material fact with respect to an applicable covered measure4 7c7 ,deadline for request ,a request for a trial-type hearing under this section shall be submitted not later than #fj days after the date on which1 as applicable-- 7#a7 the ,secretary submits the condition under section #d7;e7 or prescription under section #ah2 or 7#b7 7,a7 the ,commission publishes notice of the intention to use the reserved authority of the ,commission to order a further condition under section #f2 or 7,b7 the ,secretary exercises reserved authority under the license to prescribe1 submit1 or revise any condition to a license under the first proviso of section #d7;e7 or fishway prescribed under section #ah1 as appropriate4 7d7 ,no requirement ,to exhaust ,by electing not to request a trial-type hearing under subsection 7d71 a license applicant and any other party to a license proceeding shall not be considered to have waived the right of the applicant or other party to raise any issue of fact or law in a non-trial-type proceeding1 but no issue may be raised for the first time on rehearing or judicial review of the license decision of the ,commission4 7e7 ,administrative law judge ,all disputed issues of material fact raised by a party in a request for a trial-type hearing submitted under subsection 7d7 shall be determined in a single trial-type hearing to be conducted by an ,administrative ,law ,judge within the ,office of ,administrative ,law ,judges and ,dispute ,resolution of the ,commission1 in accordance with the ,commission rules of practice and procedure under part #che of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 and within the timeframe established by the ,commission for each license proceeding 7including a proceeding for a license under section #ae7 under section #ce7;c74 7f7 ,stay ,the ,administrative ,law ,judge may impose a stay of a trial-type hearing under this section for a period of not more than #abj days to facilitate settlement negotiations relating to resolving the disputed issues of material fact with respect to the covered measure4 7g7 ,decision of the ,administrative ,law ,judge 7#a7 ,contents ,the decision of the ,administrative ,law ,judge shall contain-- 7,a7 findings of fact on all disputed issues of material fact2 7,b7 conclusions of law necessary to make the findings of fact1 including rulings on materiality and the admissibility of evidence2 and 7,c7 reasons for the findings and conclusions4 7#b7 ,limitation ,the decision of the ,administrative ,law ,judge shall not contain conclusions as to whether-- 7,a7 any condition or prescription should be adopted1 modified1 or rejected2 or 7,b7 any alternative condition or prescription should be adopted1 modified1 or rejected4 7#c7 ,finality ,a decision of an ,administrative ,law ,judge under this section with respect to a disputed issue of material fact shall not be subject to further administrative review4 7#d7 ,service ,the ,administrative ,law ,judge shall serve the decision on each party to the hearing and forward the complete record of the hearing to the ,commission and the ,secretary that proposed the original condition or prescription4 7h7 ,secretarial determination 7#a7 ,in general ,not later than #fj days after the date on which the ,administrative ,law ,judge issues the decision under subsection 7g7 and in accordance with the schedule established by the ,commission under section #ce7;c71 the ,secretary proposing a condition under section #d7;e7 or a prescription under section #ah shall file with the ,commission a final determination to adopt1 modify1 or withdraw any condition or prescription that was the subject of a hearing under this section1 based on the decision of the ,administrative ,law ,judge4 7#b7 ,record of determination ,the final determination of the ,secretary filed with the ,commission shall identify the reasons for the decision and any considerations taken into account that were not part of1 or inconsistent with1 the findings of the ,administrative ,law ,judge and shall be included in the consolidated record in section #ce7;d74 7i7 ,licensing decision of the ,commission ,notwithstanding sections #d7;e7 and #ah1 if the ,commission finds that the final condition or prescription of the ,secretary is inconsistent with the purposes of this part or other applicable law1 the ,commission may refer the matter to the ,chairman of the ,council on ,environmental ,quality under section #ce7;c74 7j7 ,judicial review ,the decision of the ,administrative ,law ,judge and the record of determination of the ,secretary shall be included in the record of the applicable licensing proceeding and subject to judicial review of the final licensing decision of the ,commission under section #cac7;b74 #cg4 ,pumped storage projects ,in carrying out section #f7;a7 of the ,hydropower ,regulatory ,efficiency ,act of #bjac 7#af ,u4,s4,c4 #gig note2 ,public ,law #aac-bc71 the ,commission shall consider a closed loop pumped storage project to include a project-- 7#a7 in which the upper and lower reservoirs do not impound or directly withdraw water from a navigable stream2 or 7#b7 that is not continuously connected to a naturally flowing water feature4 #ch4 ,annual reports 7a7 ,commission annual report 7#a7 ,in general ,the ,commission shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives an annual report that-- 7,a7 describes and quantifies1 for each licensed1 exempted1 or proposed project under this part or section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d77 7referred to in this subsection as the covered project71 the quantity of energy and capacity authorized for new development and reauthorized for continued operation during the reporting year1 including an assessment of the economic1 climactic1 air quality1 and other environmental benefits achieved by the new and reauthorized energy and capacity2 7,b7 describes and quantifies the loss of energy1 capacity1 or ancillary services as a result of any licensing action under this part or other requirement under ,federal law during the reporting year2 7,c7 identifies any application to license1 relicense1 or expand a covered project pending as of the date of the annual report1 including a quantification of the new energy and capacity with the potential to be gained or lost by action relating to the covered project2 and 7,d7 lists all proposed covered projects that1 as of the date of the annual report1 are subject to a preliminary permit issued under section #d7;f71 including a description of the quantity of new energy and capacity that would be achieved through the development of each proposed covered project4 7#b7 ,availability ,the ,commission shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report under paragraph 7#a74 7b7 ,resource agency annual report 7#a7 ,in general ,any ,federal or ,state resource agency that is participating in any ,commission proceeding under this part or that has responsibilities for any ,federal authorization shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7,a7 describes each term1 condition1 or other requirement prepared by the resource agency during the reporting year with respect to a ,commission proceeding under this part1 including-- 7i7 an assessment of whether implementation of the term1 condition1 or other requirement would result in the loss of energy1 capacity1 or ancillary services at the project1 including a quantification of the losses2 7ii7 an analysis of economic1 air quality1 climactic and other environmental effects associated with implementation of the term1 condition1 or other requirement2 7iii7 a demonstration1 based on evidence in the record of the ,commission1 that the resource agency prepared the term1 condition1 or other requirement in a manner that meets the policy established by this part while discharging the responsibilities of the resource agency under this part or any other applicable requirement under ,federal law2 and 7iv7 a statement of whether the head of the applicable ,federal agency has rendered final approval of the term1 condition1 or other requirement1 or whether the term1 condition1 or other requirement remains a preliminary recommendation of staff of the resource agency2 and 7,b7 identifies all pending1 scheduled1 and anticipated proceedings under this part that1 as of the date of the annual report1 the resource agency expects to participate in1 or has any approval or participatory responsibilities for under ,federal law1 including-- 7i7 an accounting of whether the resource agency met all deadlines or other milestones established by the resource agency or the ,commission during the reporting year2 and 7ii7 the specific plans of the resource agency for allocating sufficient resources for each project during the upcoming year4 7#b7 ,availability ,any resource agency preparing an annual report to ,congress under paragraph 7#a7 shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report4 4 7j7 ,pilot program 7#a7 ,in general ,the ,commission 7as the term is defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 shall establish a voluntary pilot program covering at least #a region in which the ,commission1 in consultation with the heads of cooperating agencies1 shall direct a set of region-wide studies to inform subsequent project-level studies within each region4 7#b7 ,designation ,not later than #b years after the date of enactment of this ,act1 if the conditions under paragraph 7#c7 are met1 the ,commission1 in consultation with the heads of cooperating agencies1 shall designate #a or more regions to be studied under this subsection4 7#c7 ,voluntary basis ,the ,commission may only designate regions under paragraph 7#b7 in which every licensee1 on a voluntary basis and in writing1 agrees-- 7,a7 to be included in the pilot program2 and 7,b7 to any cost-sharing arrangement with other licensees and applicable ,federal and ,state agencies with respect to conducting basin-wide studies4 7#d7 ,scale ,the regions designated under paragraph 7#b7 shall-- 7,a7 be at an adequately large scale to cover at least #e existing projects that-- 7i7 are licensed under this part2 and 7ii7 the licenses of which shall expire not later than #ae years after the date of enactment of this section2 and 7,b7 be likely to yield region-wide studies and information that will significantly reduce the need for and scope of subsequent project-level studies and information4 7#e7 ,project license terms ,the ,commission may extend the term of any existing license within a region designated under paragraph 7#b7 by up to #h years to provide sufficient time for relevant region-wide studies to inform subsequent project-level studies4 #cjjb4 ,hydroelectric production incentives and efficiency improvements 7a7 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7c71 by striking #aj and inserting #bj2 7#b7 in subsection 7f71 by striking #bj and inserting #cj2 and 7#c7 in subsection 7g71 by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjaf through #bjbe4 7b7 ,hydroelectric efficiency improvement ,section #bdc7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7;c77 is amended by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjaf through #bjbe4 #cjjc4 ,extension of time for a ,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 #cjjd4 ,extension of time for a ,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 7c7 ,reinstatement of ,expired ,license ,if the period required for commencement of construction of the project described in subsection 7b7 has expired before the date of enactment of this ,act-- 7#a7 the ,commission shall reinstate the license effective as of the date of the expiration of the license2 and 7#b7 the first extension authorized under subsection 7a7 shall take effect on that expiration date4 ,,ii ,geothermal ,a ,geothermal energy #cjje4 ,national goals for production and site identification ,it is the sense of ,congress that1 not later than #aj years after the date of enactment of this ,act-- 7#a7 the ,secretary of the ,interior shall seek to approve a significant increase in new geothermal energy capacity on public land across a geographically diverse set of ,states using the full range of available technologies2 and 7#b7 the ,director of the ,geological ,survey and the ,secretary should identify sites capable of producing a total of #ej1jjj megawatts of geothermal power1 using the full range of available technologies1 through a program conducted in collaboration with industry1 including cost-shared exploration drilling4 #cjjf4 ,priority areas for development on ,federal land ,the ,director of the ,bureau of ,land ,management1 in consultation with other appropriate ,federal agencies1 shall-- 7#a7 identify high priority areas for new geothermal development2 and 7#b7 take any actions the ,director determines necessary to facilitate that development1 consistent with applicable laws4 #cjjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under this section to the holder of the oil and gas lease-- 7,a7 on a determination that-- 7i7 geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7ii7 national energy security will be improved by the issuance of such a lease2 and 7,b7 to provide for the coproduction of geothermal energy with oil and gas4 4 #cjjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 7as amended by section #cjjg7 is amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land71 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,industry standards ,the term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person that is eligible to hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,authority ,an area of qualified ,federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause 7iii77,i72 and 7iii7 sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable ,federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that thermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 the ,secretary shall issue regulations to carry out this paragraph4 4 #cjji4 ,report to ,congress ,not later than #c years after the date of enactment of this ,act and not less frequently than once every #e years thereafter1 the ,secretary of the ,interior and the ,secretary shall submit to ,congress a report describing the progress made towards achieving the goals described in section #cjje4 #cjaj4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart-- 7#a7 #fe1jjj1jjj for fiscal year #bjag2 and 7#b7 #ge1jjj1jjj for each of fiscal years #bjah through #bjba4 ,b ,development of geothermal1 solar1 and wind energy on public land #cjaa4 ,definitions ,in this subpart3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 public land administered by the ,secretary2 and 7,b7 not excluded from the development of geothermal1 solar1 or wind energy under-- 7i7 a land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 or 7ii7 other ,federal law4 7#b7 ,exclusion area ,the term exclusion area means covered land that is identified by the ,bureau of ,land ,management as not suitable for development of renewable energy projects4 7#c7 ,priority area ,the term priority area means covered land identified by the land use planning process of the ,bureau of ,land ,management as being a preferred location for a renewable energy project4 7#d7 ,public land ,the term public land has the meaning given the term public lands in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb74 7#e7 ,renewable energy project ,the term renewable energy project means a project carried out on covered land that uses wind1 solar1 or geothermal energy to generate energy4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,variance area ,the term variance area means covered land that is-- 7,a7 not an exclusion area2 and 7,b7 not a priority area4 #cjaa;,a4 ,land use planning2 supplements to programmatic environmental impact statements 7a7 ,priority areas 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,energy1 shall establish priority areas on covered land for geothermal1 solar1 and wind energy projects4 7#b7 ,deadline 7,a7 ,geothermal energy ,for geothermal energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #e years1 after the date of enactment of this ,act4 7,b7 ,solar energy ,for solar energy1 the solar energy zones established by the #bjab western solar plan of the ,bureau of ,land ,management shall be considered to be priority areas for solar energy projects4 7,c7 ,wind energy ,for wind energy1 the ,secretary shall establish priority areas as soon as practicable1 but not later than #c years1 after the date of enactment of this ,act4 7b7 ,variance areas ,to the maximum extent practicable1 variance areas shall be considered for renewable energy project development1 consistent with the principles of multiple use as defined in the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7c7 ,review and modification ,not less frequently than once every #aj years1 the ,secretary shall-- 7#a7 review the adequacy of land allocations for geothermal1 solar1 and wind energy priority and variance areas for the purpose of encouraging new renewable energy development opportunities2 and 7#b7 based on the review carried out under paragraph 7#a71 add1 modify1 or eliminate priority1 variance1 and exclusion areas4 7d7 ,compliance with the national environmental policy act ,for purposes of this section1 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be accomplished-- 7#a7 for geothermal energy1 by supplementing the ,october #bjjh final programmatic environmental impact statement for geothermal leasing in the western ,united ,states2 7#b7 for solar energy1 by supplementing the ,july #bjab final programmatic environmental impact statement for solar energy projects2 and 7#c7 for wind energy1 by supplementing the ,july #bjje final programmatic environmental impact statement for wind energy projects4 7e7 ,no effect on processing applications ,a requirement to prepare a supplement to a programmatic environmental impact statement under this section shall not result in any delay in processing an application for a renewable energy project4 7f7 ,coordination ,in developing a supplement required by this section1 the ,secretary shall coordinate1 on an ongoing basis1 with appropriate ,state1 tribal1 and local governments1 transmission infrastructure owners and operators1 developers1 and other appropriate entities to ensure that priority areas identified by the ,secretary are-- 7#a7 economically viable 7including having access to transmission72 7#b7 likely to avoid or minimize conflict with habitat for animals and plants1 recreation1 and other uses of covered land2 and 7#c7 consistent with section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab71 including subsection 7c77#i7 of that section4 7g7 ,removal from classification ,in carrying out subsections 7a71 7c71 and 7d71 if the ,secretary determines an area previously suited for development should be removed from priority or variance classification1 not later than #ij days after the date of the determination1 the ,secretary shall submit to ,congress a report on the determination4 #cjaa;,b4 ,environmental review on covered land 7a7 ,in general ,if the ,secretary determines that a proposed renewable energy project has been sufficiently analyzed by a programmatic environmental impact statement conducted under section #cjaa;,b7d71 the ,secretary shall not require any additional review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,additional environmental review ,if the ,secretary determines that additional environmental review under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for a proposed renewable energy project1 the ,secretary shall rely on the analysis in the programmatic environmental impact statement conducted under section #cjaa;,b7d71 to the maximum extent practicable when analyzing the potential impacts of the project4 7c7 ,relationship to other law ,nothing in this section modifies or supersedes any requirement under applicable law1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #cjaa;,c4 ,program to improve renewable energy project permit coordination 7a7 ,establishment ,the ,secretary shall establish a program to improve ,federal permit coordination with respect to renewable energy projects on covered land4 7b7 ,memorandum of understanding 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall enter into a memorandum of understanding for purposes of this section1 including to specifically expedite the environmental analysis of applications for projects proposed in a variance area1 with-- 7,a7 the ,secretary of ,agriculture2 and 7,b7 the ,assistant ,secretary of the ,army for ,civil ,works4 7#b7 ,state participation ,the ,secretary may request the ,governor of any interested ,state to be a signatory to the memorandum of understanding under paragraph 7#a74 7c7 ,designation of qualified staff 7#a7 ,in general ,not later than #ij days after the date on which the memorandum of understanding under subsection 7b7 is executed1 all ,federal signatories1 as appropriate1 shall identify for each of the ,bureau of ,land ,management ,renewable ,energy ,coordination ,offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed1 including1 as applicable1 particular expertise in-- 7,a7 consultation regarding1 and preparation of1 biological opinions under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 permits under section #djd of ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 7,c7 regulatory matters under the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7,d7 planning under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a72 7,e7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,f7 the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq472 and 7,g7 the preparation of analyses under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,duties ,each employee assigned under paragraph 7#a7 shall-- 7,a7 be responsible for addressing all issues relating to the jurisdiction of the home office or agency of the employee2 and 7,b7 participate as part of the team of personnel working on proposed energy projects1 planning1 monitoring1 inspection1 enforcement1 and environmental analyses4 7d7 ,additional personnel ,the ,secretary may assign additional personnel for the renewable energy coordination offices as are necessary to ensure the effective implementation of any programs administered by those offices1 including inspection and enforcement relating to renewable energy project development on covered land1 in accordance with the multiple use mandate of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7e7 ,renewable energy coordination offices ,in implementing the program established under this section1 the ,secretary may establish additional renewable energy coordination offices or temporarily assign the qualified staff described in subsection 7c7 to a ,state1 district1 or field office of the ,bureau of ,land ,management to expedite the permitting of renewable energy projects1 as the ,secretary determines to be necessary4 7f7 ,report to congress 7#a7 ,in general ,not later than ,february #a of the first fiscal year beginning after the date of enactment of this ,act1 and each ,february #a thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report describing the progress made pursuant to the program under this subpart during the preceding year4 7#b7 ,inclusions ,each report under this subsection shall include-- 7,a7 projections for renewable energy production and capacity installations2 and 7,b7 a description of any problems relating to leasing1 permitting1 siting1 or production4 #cjaa;,d4 ,savings clause ,nothing in this subpart establishes-- 7#a7 a priority or preference for the development of renewable energy projects on public land over other energy-related or mineral projects or other uses of public land2 or 7#b7 an exception to the requirement that public land be managed consistent with the principle of multiple use 7as defined in section of section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb774 ,c ,geothermal exploration #cjab4 ,geothermal exploration test projects ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,geothermal exploration test projects 7a7 ,definitions ,in this section3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 subject to geothermal leasing in accordance with section #c2 and 7,b7 not excluded from the development of geothermal energy under-- 7i7 a final land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7ii7 a final land and resource management plan established under the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq472 or 7iii7 any other applicable law4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service71 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary1 with respect to land managed by the ,bureau of ,land ,management 7including land held for the benefit of an ,indian tribe74 7b7 ,,nepa review of geothermal exploration test projects 7#a7 ,in general ,an eligible activity described in paragraph 7#b7 carried out on covered land shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation7 if-- 7,a7 the action is for the purpose of geothermal resource exploration operations2 and 7,b7 the action is conducted pursuant to this ,act4 7#b7 ,eligible activity ,an eligible activity referred to in paragraph 7#a7 is-- 7,a7 a geophysical exploration activity that does not require drilling1 including a seismic survey2 7,b7 the drilling of a well to test or explore for geothermal resources on land leased by the ,secretary concerned for the development and production of geothermal resources that-- 7i7 is carried out by the holder of the lease2 7ii7 causes-- 7,i7 fewer than #e acres of soil or vegetation disruption at the location of each geothermal exploration well2 and 7,,ii7 not more than an additional #e acres of soil or vegetation disruption during access or egress to the project site2 7iii7 is completed in fewer than #ij days1 including the removal of any surface infrastructure from the project site2 and 7iv7 requires the restoration of the project site not later than #c years after the date of completion of the project to approximately the condition that existed at the time the project began1 unless-- 7,i7 the project site is subsequently used as part of energy development on the lease2 or 7,,ii7 the project-- 7aa7 yields geothermal resources2 and 7bb7 the use of the geothermal resources will be carried out under another geothermal generation project in existence at the time of the discovery of the geothermal resources2 or 7,c7 the drilling of a well to test or explore for geothermal resources on land leased by the ,secretary concerned for the development and production of geothermal resources that-- 7i7 causes an individual surface disturbance of fewer than #e acres if-- 7,i7 the total surface disturbance on the leased land is not more than #aej acres2 and 7,,ii7 a site-specific analysis has been prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 involves the drilling of a geothermal well at a location or well pad site at which drilling has occurred within #e years before the date of spudding the well2 or 7iii7 involves the drilling of a geothermal well in a developed field for which-- 7,i7 an approved land use plan or any environmental document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed the drilling as a reasonably foreseeable activity2 and 7,,ii7 the land use plan or environmental document was approved within #aj years before the date of spudding the well4 7#c7 ,limitation based on extraordinary circumstances ,the categorical exclusion established under paragraph 7#a7 shall be subject to extraordinary circumstances in accordance with the ,departmental ,manual1 #eaf ,,dm #b4c;,a7#c7 and #eaf ,,dm #b1 ,appendix #b 7or successor provisions74 7c7 ,notice of intent2 review and determination 7#a7 ,requirement to provide notice ,not later than #cj days before the date on which drilling begins1 a leaseholder intending to carry out an eligible activity shall provide notice to the ,secretary concerned4 7#b7 ,review of project ,not later than #aj days after receipt of a notice of intent provided under paragraph 7#a71 the ,secretary concerned shall-- 7,a7 review the project described in the notice and determine whether the project is an eligible activity2 and 7,b7 7i7 if the project is an eligible activity1 notify the leaseholder that under subsection 7b71 the project is considered a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 or 7ii7 if the project is not an eligible activity-- 7,i7 notify the leaseholder that section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 applies to the project2 7,,ii7 include in that notification clear and detailed findings on any deficiencies in the project that prevent the application of subsection 7b7 to the project2 and 7,,iii7 provide an opportunity to the leaseholder to remedy the deficiencies described in the notification before the date on which the leaseholder plans to begin the project under paragraph 7#a74 4 ,,iii ,marine ,hydrokinetic #cjac4 ,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 #cjad4 ,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 programs-- 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 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 environment1 and consider the protection of critical infrastructure1 such as adequate separation between marine and hydrokinetic devices and projects and submarine telecommunications cables1 including consideration of established industry standards2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories 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 the participation of international research centers and companies within the ,united ,states and the participation of ,united ,states research centers and companies in international projects4 4 #cjae4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7 is amended by striking subsection 7b7 and inserting the following3 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 #cjaf4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #ej1jjj1jjj for each of the fiscal years #bjjh through #bjab and inserting #ee1jjj1jjj for each of fiscal years #bjag and #bjah and #fj1jjj1jjj for each of fiscal years #bjai through #bjba4 ,,iv ,biomass #cjag4 ,policies relating to biomass energy ,to support the key role that forests in the ,united ,states can play in addressing the energy needs of the ,united ,states1 the ,secretary1 the ,secretary of ,agriculture1 and the ,administrator of the ,environmental ,protection ,agency shall1 consistent with their missions1 jointly-- 7#a7 ensure that ,federal policy relating to forest bioenergy-- 7,a7 is consistent across all ,federal departments and agencies2 and 7,b7 recognizes the full benefits of the use of forest biomass for energy1 conservation1 and responsible forest management2 and 7#b7 establish clear and simple policies for the use of forest biomass as an energy solution1 including policies that-- 7,a7 reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source1 provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use4 7,b7 encourage private investment throughout the forest biomass supply chain1 including in-- 7i7 working forests2 7ii7 harvesting operations2 7iii7 forest improvement operations2 7iv7 forest bioenergy production2 7v7 wood products manufacturing2 or 7vi7 paper manufacturing2 7,c7 encourage forest management to improve forest health2 and 7,d7 recognize ,state initiatives to produce and use forest biomass4 ,b ,oil and ,gas #caja4 ,amendments to the ,methane ,hydrate ,research and ,development ,act of #bjjj 7a7 ,methane hydrate research and development program 7#a7 ,in general ,section #d of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,grants1 contracts1 cooperative agreements1 interagency funds transfer agreements1 and field work proposals 7#a7 ,assistance and coordination ,in carrying out the program of methane hydrate research and development authorized by this section1 the ,secretary may award grants to1 or enter into contracts or cooperative agreements with1 institutions-- 7,a7 to conduct basic and applied research-- 7i7 to identify1 explore1 assess1 and develop methane hydrate as a commercially viable source of energy2 and 7ii7 to identify the environmental1 health1 and safety impacts of methane hydrate development2 7,b7 to identify and characterize methane hydrate resources using remote sensing and seismic data1 including the characterization of hydrate concentrations in marine reservoirs in the ,gulf of ,mexico by the date that is #d years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf2 7,c7 to develop technologies required for efficient and environmentally sound development of methane hydrate resources2 7,d7 to conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing 7including natural degassing and degassing associated with commercial development72 7,e7 to develop technologies to reduce the risks of drilling through methane hydrates2 7,f7 to conduct exploratory drilling1 well testing1 and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by this paragraph1 including-- 7i7 drilling of a test well and performing a long-term hydrate production test on land in the ,united ,states ,arctic region by the date that is #d years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf2 7ii7 drilling of a test well and performing a long-term hydrate production test in a marine environment by the date that is #aj years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf2 and 7iii7 drilling a full-scale production test well at a location to be determined by the ,secretary2 or 7,g7 to expand education and training programs in methane hydrate resource research and resource development through fellowships or other means for graduate education and training4 7#b7 ,environmental monitoring and research ,the ,secretary shall conduct a long-term environmental monitoring and research program to study the effects of production from methane hydrate reservoirs4 7#c7 ,competitive peer review ,funds made available under paragraphs 7#a7 and 7#b7 shall be made available based on a competitive process using external scientific peer review of proposed research4 4 7#b7 ,conforming amendment ,section #d7;e7 of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7;e77 is amended in the matter preceding paragraph 7#a7 by striking subsection 7b77#a7 and inserting paragraphs 7#a7 and 7#b7 of subsection 7b74 7b7 ,authorization of appropriations ,the ,methane ,hydrate ,research and ,development ,act of #bjjj is amended by striking section #g 7#cj ,u4,s4,c4 #bjjf7 and inserting the following3 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ce1jjj1jjj for each of fiscal years #bjag through #bjba4 4 #cajb4 ,liquefied natural gas study 7a7 ,study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,association of ,regulatory ,utility ,commissioners and the ,national ,association of ,state ,energy ,officials1 shall conduct a study of the ,state1 regional1 and national implications of exporting liquefied natural gas 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 liquefied natural gas will have in regions that currently import liquefied natural gas2 7,b7 job creation in the manufacturing sectors2 and 7,c7 such other issues as the ,secretary considers appropriate4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on the results of the study conducted under subsection 7a74 #cajc4 ,,ferc process coordination with respect to regulatory approval of gas projects 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,federal authorization 7,a7 ,in general ,the term ,federal authorization means any authorization required under ,federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the ,commission4 7,b7 ,inclusions ,the term ,federal authorization includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the ,commission4 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of-- 7,a7 coordinating all applicable ,federal authorizations2 and 7,b7 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,other agencies ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission4 7c7 ,schedule 7#a7 ,timing for issuance ,it is the sense of ,congress that all ,federal authorizations required for a project or facility should be issued by not later than the date that is #ij days after the date on which an application is considered to be complete by the ,commission4 7#b7 ,commission schedule 7,a7 ,in general ,the ,commission shall establish a schedule for the issuance of all ,federal authorizations4 7,b7 ,requirements ,in establishing the schedule under subparagraph 7,a71 the ,commission shall-- 7i7 consult and cooperate with the ,federal and ,state agencies responsible for a ,federal authorization2 7ii7 ensure the expeditious completion of all proceedings relating to a ,federal authorization2 and 7iii7 comply with applicable schedules established under ,federal law with respect to a ,federal authorization4 7#c7 ,resolution of interagency disputes ,if the ,federal agency with responsibility fails to adhere to the schedule established by the ,commission under paragraph 7#b71 or if a ,federal authorization has been unreasonably denied1 or if a ,federal authorization would be inconsistent with the purposes of this section or other applicable law1 the ,commission shall refer the matter to the ,chairman of the ,council on ,environmental ,quality-- 7,a7 to ensure timely participation2 7,b7 to ensure a timely decision2 7,c7 to mediate the dispute2 or 7,d7 to refer the matter to the ,president4 7d7 ,consolidated record ,the ,commission shall maintain official consolidated records of all license proceedings under this section4 7e7 ,deference to ,commission ,in making a decision with respect to a ,federal authorization1 each agency shall give deference1 to the maximum extent authorized by law1 to the scope of environmental review that the ,commission determines to be appropriate4 7f7 ,concurrent ,reviews ,pursuant to the schedule established under subsection 7c77#b71 each agency considering an aspect of an application for ,federal authorization shall-- 7#a7 to the maximum extent authorized by law1 carry out the obligations of that agency under applicable law concurrently and in conjunction with the review required by the ,national ,environmental ,policy ,act of #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 complete the required ,federal authorizations in accordance with the schedule described in subsection 7c72 and 7#c7 transmit to the ,commission a statement-- 7,a7 acknowledging notice of the schedule described in subsection 7c72 and 7,b7 describing the plan formulated under paragraph 7#b74 7g7 ,failure ,to meet deadline ,if an agency does not complete a proceeding for an approval that is required for a ,federal authorization in accordance with the schedule described in subsection 7c71 the head of the relevant ,federal agency 7including1 in the case of a failure by the ,state agency or unit of local government1 the ,federal agency overseeing the delegated authority7 shall-- 7#a7 notify ,congress and the ,commission of the failure2 and 7#b7 describe in that notification an implementation plan to ensure completion4 7h7 ,accountability2 transparency2 efficiency 7#a7 ,in general ,for applications requiring multiple ,federal authorizations1 the ,commission1 in consultation with any agency considering an aspect of the application1 shall track and make available to the public on the website of the ,commission information relating to the actions required to complete permitting1 reviews1 and other requirements4 7#b7 ,inclusions ,information tracked under paragraph 7#a7 shall include the following3 7,a7 ,the schedule described in subsection 7c74 7,b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other requirements necessary to obtain a final decision on the ,federal authorization4 7,c7 ,the expected completion date for each action listed under subparagraph 7,b74 7,d7 ,a point of contact at the agency accountable for each action listed under subparagraph 7,b74 7,e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reason for the delay4 #cajd4 ,pilot program 7a7 ,establishment ,the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management 7referred to in this section as the ,director71 shall establish a pilot program in #a ,state with at least #b1jjj oil and gas drilling spacing units 7as defined under ,state law71 in which-- 7#a7 #be percent or less of the minerals are owned or held in trust by the ,federal ,government2 and 7#b7 there is no surface land owned or held in trust by the ,federal ,government4 7b7 ,activities ,in carrying out the pilot program1 the ,director shall identify and implement ways to streamline the review and approval of ,applications for ,permits to ,drill for oil and gas drilling spacing units of the ,state in order to achieve a processing time for those oil and gas drilling spacing units similar to that of spacing units that require an ,application for ,permit to ,drill and are not part of the pilot program in the same ,state4 7c7 ,funding ,beginning in fiscal year #bjaf1 and for a period of #c years thereafter1 to carry out the pilot program efficiently1 the ,director may fund up to #aj full-time equivalents at appropriate field offices4 7d7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,director shall submit to ,congress a report on the results of the pilot program4 7e7 ,waiver ,the ,secretary of the ,interior may waive the requirement for an ,application for ,permit to ,drill if the ,director determines that the mineral interest of the ,united ,states in the spacing units in land covered by this section is adequately protected1 if otherwise in accordance with applicable laws1 regulations1 and lease terms4 #caje4 ,,gao review and report 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #b years1 the ,comptroller ,general of the ,united ,states shall conduct a review of-- 7#a7 energy production in the ,united ,states2 and 7#b7 the effects1 if any1 of crude oil exports from the ,united ,states on consumers1 independent refiners1 and shipbuilding and ship repair yards4 7b7 ,contents of report ,not later than #a year after commencing each review under subsection 7a71 the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,energy and ,natural ,resources1 ,banking1 ,housing1 and ,urban ,affairs1 ,commerce1 ,science1 and ,transportation1 and ,foreign ,relations of the ,senate and the ,committees on ,natural ,resources1 ,energy and ,commerce1 ,financial ,services1 and ,foreign ,affairs of the ,house of ,representatives a report that includes-- 7#a7 a statement of the principal findings of the review2 and 7#b7 recommendations for ,congress and the ,president to address any job loss in the shipbuilding and ship repair industry or adverse impacts on consumers and refiners that the ,comptroller ,general of the ,united ,states attributes to unencumbered crude oil exports in the ,united ,states4 #cajf4 ,ethane storage study 7a7 ,in general ,the ,secretary and the ,secretary of ,commerce1 in consultation with other relevant ,federal departments and agencies and stakeholders1 shall conduct a study of the feasibility of establishing an ethane storage and distribution hub in the ,marcellus1 ,utica1 and ,rogersville shale plays in the ,united ,states4 7b7 ,contents ,the study conducted under subsection 7a7 shall include-- 7#a7 an examination of1 with respect to the proposed ethane storage and distribution hub-- 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 hubs relating to ethane2 and 7#b7 the identification of potential additional benefits of the proposed hub to energy security4 7c7 ,publication of results ,not later than #b years after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,commerce shall-- 7#a7 submit 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 ,senate a report describing the results of the study under subsection 7a72 and 7#b7 publish those results on the ,internet websites of the ,departments of ,energy and ,commerce1 respectively4 #cajg4 ,aliso ,canyon natural gas leak task force 7a7 ,establishment of task force ,not later than #ae days after the date of enactment of this ,act1 the ,secretary shall lead and establish an ,aliso ,canyon ,task ,force 7referred to in this section as the task force74 7b7 ,membership of task force ,in addition to the ,secretary1 the task force shall be composed of-- 7#a7 #a representative from the ,pipeline and ,hazardous ,materials ,safety ,administration2 7#b7 #a representative from the ,department of ,health and ,human ,services2 7#c7 #a representative from the ,environmental ,protection ,agency2 7#d7 #a representative from the ,department of the ,interior2 7#e7 #a representative from the ,department of ,commerce2 and 7#f7 #a representative from the ,federal ,energy ,regulatory ,commission4 7c7 ,report 7#a7 ,final report 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the task force shall submit a final report that contains the information described in subparagraph 7,b7 to-- 7i7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7iii7 the ,committee on ,environment and ,public ,works of the ,senate2 7iv7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7v7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7vi7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7vii7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7viii7 the ,committee on ,education and the ,workforce of the ,house of ,representatives2 7ix7 the ,president2 and 7x7 relevant ,federal and ,state agencies4 7,b7 ,information included ,the report submitted under subparagraph 7,a7 shall include1 at a minimum-- 7i7 an analysis and conclusion of the cause of the ,aliso ,canyon natural gas leak2 7ii7 an analysis of measures taken to stop the natural gas leak1 with an immediate focus on other1 more effective measures that could be taken2 7iii7 an assessment of the impact of the natural gas leak on health1 safety1 the environment1 and the economy of the residents and property surrounding ,aliso ,canyon2 7iv7 an analysis of how ,federal and ,state agencies responded to the natural gas leak2 7v7 in order to lessen the negative impacts of natural gas leaks1 recommendations on how to improve-- 7,i7 the response to a future leak2 and 7,,ii7 coordination between all appropriate ,federal1 ,state1 and local agencies in the response to the ,aliso ,canyon natural gas leak and future natural gas leaks2 7vi7 an analysis of the potential for a similar natural gas leak to occur at other underground natural gas storage facilities in the ,united ,states2 7vii7 recommendations on how to prevent any future natural gas leaks2 7viii7 recommendations on whether to continue operations at ,aliso ,canyon and other facilities in close proximity to residential populations based on an assessment of the risk of a future natural gas leak2 7ix7 a recommendation on information that is not currently collected but that would be in the public interest to collect and distribute to agencies and institutions for the continued study and monitoring of natural gas infrastructure in the ,united ,states2 7x7 an analysis of the impact of the ,aliso ,canyon natural gas leak on wholesale and retail electricity prices2 and 7xi7 an analysis of the impact of the ,aliso ,canyon natural gas leak on the reliability of the bulk-power system4 7#b7 ,publication ,the interim reports and recommendations under paragraph 7#a7 and the final report under paragraph 7#b7 shall be made available to the public in an electronically accessible format4 7#c7 ,if1 before the final report is submitted under paragraph 7#a7 the task force finds methods to solve the natural gas leak at ,aliso ,canyon2 better protect the affected communities2 or finds methods to help prevent other leaks1 they must immediately issue such findings to the same entities that are to receive the final report4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary4 #cajh4 ,report on incorporating ,internet-based lease sales ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to ,congress a report containing recommendations for the incorporation of ,internet-based lease sales at the ,bureau of ,land ,management in accordance with section #ag7;b77#a77;,c7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #bbf7;b77#a77;,c77 in the event of an emergency or other disruption causing a disruption to a sale4 #caji4 ,denali ,national ,park and ,preserve natural gas pipeline 7a7 ,permit ,section #c7;b77#a7 of the ,denali ,national ,park ,improvement ,act 7,public ,law #aac-cc2 #abg ,stat4 #eaf7 is amended by striking within1 along1 or near the approximately #g-mile segment of the ,george ,parks ,highway that runs through the ,park 4 7b7 ,terms and conditions ,section #c7;c77#a7 of the ,denali ,national ,park ,improvement ,act 7,public ,law #aac-cc2 #abg ,stat4 #eaf7 is amended-- 7#a7 in subparagraph 7,a71 by inserting and after the semicolon2 7#b7 by striking subparagraph 7,b72 and 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,b74 7c7 ,applicable law ,section #c of the ,denali ,national ,park ,improvement ,act 7,public ,law #aac-cc2 #abg ,stat4 #eae7 is amended by adding at the end the following3 7d7 ,applicable law ,a high pressure gas transmission pipeline 7including appurtenances7 in a nonwilderness area within the boundary of the ,park1 shall not be subject to title ,,xi of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cafa et seq474 4 ,c ,helium #cbja4 ,rights to helium 7a7 ,definition of helium-related project ,the term helium-related project means a project-- 7#a7 to explore or produce crude helium2 and 7#b7 to sell crude or refined helium4 7b7 ,expedited completion ,notwithstanding any other provision of law1 applicable environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for helium-related projects shall be completed on an expeditious basis and the shortest existing applicable process under that ,act shall be used for such projects4 7c7 ,repeal of reservation of helium rights ,the first section of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha7 is amended by striking the flush text that follows the last undesignated subsection4 7d7 ,rights to helium under leases under ,mineral ,leasing ,act for ,acquired ,lands ,the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 is amended by adding at the end the following3 #ab4 ,rights to helium ,any lease issued under this ,act that authorizes exploration for1 or development or production of1 gas shall be considered to grant to the lessee a right of first refusal to engage in exploration for1 and development and production of1 helium on land that is subject to the lease in accordance with regulations issued by the ,secretary4 4 ,d ,critical ,minerals #ccja4 ,definitions ,in this subtitle3 7#a7 ,critical mineral 7,a7 ,in general ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical pursuant to section #ccjc4 7,b7 ,exclusions ,the term critical mineral does not include-- 7i7 fuel minerals1 including oil1 natural gas1 or any other fossil fuels2 or 7ii7 water1 ice1 or snow4 7#b7 ,critical mineral manufacturing ,the term critical mineral manufacturing means-- 7,a7 the production1 processing1 refining1 alloying1 separation1 concentration1 magnetic sintering1 melting1 or beneficiation of critical minerals within the ,united ,states2 7,b7 the fabrication1 assembly1 or production1 within the ,united ,states1 of equipment1 components1 or other goods with energy technology-1 defense-1 agriculture-1 consumer electronics-1 or health care-related applications2 or 7,c7 any other value-added1 manufacturing-related use of critical minerals undertaken within the ,united ,states4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 #ccjb4 ,policy 7a7 ,in general ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended in the second sentence-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 establish an analytical and forecasting capability for identifying critical mineral demand1 supply1 and other factors to allow informed actions to be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts2 2 7#b7 in paragraph 7#f71 by striking and after the semicolon at the end2 and 7#c7 by striking paragraph 7#g7 and inserting the following3 7#g7 encourage ,federal agencies to facilitate the availability1 development1 and environmentally responsible production of domestic resources to meet national material or critical mineral needs2 7#h7 avoid duplication of effort1 prevent unnecessary paperwork1 and minimize delays in the administration of applicable laws 7including regulations7 and the issuance of permits and authorizations necessary to explore for1 develop1 and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws2 7#i7 strengthen educational and research capabilities and workforce training2 7#aj7 bolster international cooperation through technology transfer1 information sharing1 and other means2 7#aa7 promote the efficient production1 use1 and recycling of critical minerals2 7#ab7 develop alternatives to critical minerals2 and 7#ac7 establish contingencies for the production of1 or access to1 critical minerals for which viable sources do not exist within the ,united ,states4 4 7b7 ,conforming amendment ,section #b7;b7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja7;b77 is amended by striking 7b7 ,as used in this ,act1 the term and inserting the following3 7b7 ,definitions ,in this ,act3 7#a7 ,critical mineral ,the term critical mineral means any mineral or element designated as a critical mineral pursuant to section #ccjc of the ,energy ,policy ,modernization ,act of #bjaf4 7#b7 ,materials ,the term 4 #ccjc4 ,critical mineral designations 7a7 ,draft methodology ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior 7acting through the ,director of the ,united ,states ,geological ,survey7 7referred to in this subtitle as the ,secretary71 in consultation with relevant ,federal agencies and entities1 shall publish in the ,federal ,register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are-- 7#a7 subject to potential supply restrictions 7including restrictions associated with foreign political risk1 abrupt demand growth1 military conflict1 violent unrest1 anti-competitive or protectionist behaviors1 and other risks throughout the supply chain72 and 7#b7 important in use 7including energy technology-1 defense-1 currency-1 agriculture-1 consumer electronics-1 and health care-related applications74 7b7 ,availability of data ,if available data is insufficient to provide a quantitative basis for the methodology developed under this section1 qualitative evidence may be used to the extent necessary4 7c7 ,final methodology ,after reviewing public comments on the draft methodology under subsection 7a7 and updating the draft methodology as appropriate1 not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a description of the final methodology for determining which minerals qualify as critical minerals4 7d7 ,designations 7#a7 ,in general ,for purposes of carrying out this subtitle1 the ,secretary shall maintain a list of minerals and elements designated as critical1 pursuant to the methodology under subsection 7c74 7#b7 ,initial list ,subject to paragraph 7#a71 not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register an initial list of minerals designated as critical pursuant to the final methodology under subsection 7c7 for the purpose of carrying out this subtitle4 7#c7 ,inclusions ,notwithstanding the criteria under subsection 7c71 the ,secretary may designate and include on the list any mineral or element determined by another ,federal agency to be strategic and critical to the defense or national security of the ,united ,states4 7e7 ,subsequent review 7#a7 ,in general ,the ,secretary shall review the methodology and designations under subsections 7c7 and 7d7 at least every #c years1 or more frequently as the ,secretary considers to be appropriate4 7#b7 ,revisions ,subject to subsection 7d77#a71 the ,secretary may-- 7,a7 revise the methodology described in this section2 7,b7 determine that minerals or elements previously determined to be critical minerals are no longer critical minerals2 and 7,c7 designate additional minerals or elements as critical minerals4 7f7 ,notice ,on finalization of the methodology under subsection 7c71 the list under subsection 7d71 or any revision to the methodology or list under subsection 7e71 the ,secretary shall submit to ,congress written notice of the action4 #ccjd4 ,resource assessment 7a7 ,in general ,not later than #d years after the date of enactment of this ,act1 in consultation with applicable ,state 7including geological surveys71 local1 academic1 industry1 and other entities1 the ,secretary shall complete a comprehensive national assessment of each critical mineral that-- 7#a7 identifies and quantifies known critical mineral resources1 using all available public and private information and datasets1 including exploration histories2 and 7#b7 provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the ,united ,states1 including probability estimates of tonnage and grade1 using all available public and private information and datasets1 including exploration histories4 7b7 ,supplementary information ,in carrying out this section1 the ,secretary may carry out surveys and field work 7including drilling1 remote sensing1 geophysical surveys1 geological mapping1 and geochemical sampling and analysis7 to supplement existing information and datasets available for determining the existence of critical minerals in the ,united ,states4 7c7 ,technical assistance ,at the request of the ,governor of a ,state or the head of an ,indian tribe1 the ,secretary may provide technical assistance to ,state governments and ,indian tribes conducting critical mineral resource assessments on non-,federal land4 7d7 ,prioritization 7#a7 ,in general ,the ,secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under section #ccjc are completed first4 7#b7 ,reporting ,during the period beginning not later than #a year after the date of enactment of this ,act and ending on the date of completion of all of the assessments required under this section1 the ,secretary shall submit to ,congress on an annual basis an interim report that-- 7,a7 identifies the sequence and schedule for completion of the assessments if the ,secretary sequences the assessments2 or 7,b7 describes the progress of the assessments if the ,secretary does not sequence the assessments4 7e7 ,updates ,the ,secretary may periodically update the assessments conducted under this section based on-- 7#a7 the generation of new information or datasets by the ,federal ,government2 or 7#b7 the receipt of new information or datasets from critical mineral producers1 ,state geological surveys1 academic institutions1 trade associations1 or other persons4 7f7 ,additional surveys ,the ,secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under section #ccjc7;e77#b7 not later than #b years after the designation of the mineral or element4 7g7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the status of geological surveying of ,federal land for any mineral commodity-- 7#a7 for which the ,united ,states was dependent on a foreign country for more than #be percent of the ,united ,states supply1 as depicted in the report issued by the ,united ,states ,geological ,survey entitled ,mineral ,commodity ,summaries #bjae2 but 7#b7 that is not designated as a critical mineral under section #ccjc4 #ccje4 ,permitting 7a7 ,performance improvements ,to improve the quality and timeliness of decisions1 the ,secretary 7acting through the ,director of the ,bureau of ,land ,management7 and the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 7referred to in this section as the ,secretaries7 shall1 to the maximum extent practicable1 with respect to critical mineral production on ,federal land1 complete ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7#a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for mineral-related activities on ,federal land2 7#b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7#c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7,a7 to incorporate and address the interests of those parties2 and 7,b7 to minimize delays2 7#d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7#e7 engaging in early and active consultation with ,state1 local1 and ,indian tribal governments to avoid conflicts or duplication of effort1 resolve concerns1 and allow for concurrent1 rather than sequential1 reviews2 7#f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7#g7 expanding and institutionalizing permitting and review process improvements that have proven effective2 7#h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7#i7 developing other practices1 such as preapplication procedures4 7b7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7#a7 identifies additional measures 7including regulatory and legislative proposals1 as appropriate7 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7#b7 identifies options 7including cost recovery paid by permit applicants7 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#c7 quantifies the amount of time typically required 7including range derived from minimum and maximum durations1 mean1 median1 variance1 and other statistical measures or representations7 to complete each step 7including those aspects outside the control of the executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement7 associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 which shall serve as a baseline for the performance metric under subsection 7c72 and 7#d7 describes actions carried out pursuant to subsection 7a74 7c7 ,performance metric ,not later than #ij days after the date of submission of the report under subsection 7b71 the ,secretaries1 after providing public notice and an opportunity to comment1 shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7d7 ,annual reports ,beginning with the first budget submission by the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under subsection 7c71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7#a7 summarizes the implementation of recommendations1 measures1 and options identified in paragraphs 7#a7 and 7#b7 of subsection 7b72 7#b7 using the performance metric under subsection 7c71 describes progress made by the executive branch1 as compared to the baseline established pursuant to subsection 7b77#c71 on expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7#c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7e7 ,individual projects ,using data from the ,secretaries generated under subsection 7d71 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual critical mineral projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7f7 ,report of ,small ,business ,administration ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall submit to the applicable committees of ,congress a report that assesses the performance of ,federal agencies with respect to-- 7#a7 complying with chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act71 in promulgating regulations applicable to the critical minerals industry2 and 7#b7 performing an analysis of regulations applicable to the critical minerals industry that may be outmoded1 inefficient1 duplicative1 or excessively burdensome4 #ccjf4 ,federal ,register process 7a7 ,departmental review ,absent any extraordinary circumstance1 and except as otherwise required by law1 the ,secretary and the ,secretary of ,agriculture shall ensure that each ,federal ,register notice described in subsection 7b7 shall be-- 7#a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture2 and 7#b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7b7 ,preparation ,the preparation of ,federal ,register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit4 7c7 ,transmission ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated in1 and transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7#a7 the documents or meetings are held2 or 7#b7 the activity is initiated4 #ccjg4 ,recycling1 efficiency1 and alternatives 7a7 ,establishment ,the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall conduct a program of research and development-- 7#a7 to promote the efficient production1 use1 and recycling of critical minerals throughout the supply chain2 and 7#b7 to develop alternatives to critical minerals that do not occur in significant abundance in the ,united ,states4 7b7 ,cooperation ,in carrying out the program1 the ,secretary shall cooperate with appropriate-- 7#a7 ,federal agencies and ,national ,laboratories2 7#b7 critical mineral producers2 7#c7 critical mineral processors2 7#d7 critical mineral manufacturers2 7#e7 trade associations2 7#f7 academic institutions2 7#g7 small businesses2 and 7#h7 other relevant entities or individuals4 7c7 ,activities ,under the program1 the ,secretary shall carry out activities that include the identification and development of-- 7#a7 advanced critical mineral extraction1 production1 separation1 alloying1 or processing technologies that decrease the energy consumption1 environmental impact1 and costs of those activities1 including-- 7,a7 efficient water and wastewater management strategies2 7,b7 technologies and management strategies to control the environmental impacts of radionuclides in ore tailings2 and 7,c7 technologies for separation and processing2 7#b7 technologies or process improvements that minimize the use1 or lead to more efficient use1 of critical minerals across the full supply chain2 7#c7 technologies1 process improvements1 or design optimizations that facilitate the recycling of critical minerals1 and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer1 industrial1 or other waste streams2 7#d7 commercial markets1 advanced storage methods1 energy applications1 and other beneficial uses of critical minerals processing byproducts2 7#e7 alternative minerals1 metals1 and materials1 particularly those available in abundance within the ,united ,states and not subject to potential supply restrictions1 that lessen the need for critical minerals2 and 7#f7 alternative energy technologies or alternative designs of existing energy technologies1 particularly those that use minerals that-- 7,a7 occur in abundance in the ,united ,states2 and 7,b7 are not subject to potential supply restrictions4 7d7 ,reports ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing the activities1 findings1 and progress of the program4 #ccjh4 ,analysis and forecasting 7a7 ,capabilities ,in order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts1 the ,secretary1 in consultation with the ,energy ,information ,administration1 academic institutions1 and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools1 shall conduct and publish the results of an annual report that includes-- 7#a7 as part of the annually published ,mineral ,commodity ,summaries from the ,united ,states ,geological ,survey1 a comprehensive review of critical mineral production1 consumption1 and recycling patterns1 including-- 7,a7 the quantity of each critical mineral domestically produced during the preceding year2 7,b7 the quantity of each critical mineral domestically consumed during the preceding year2 7,c7 market price data or other price data for each critical mineral2 7,d7 an assessment of-- 7i7 critical mineral requirements to meet the national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states during the preceding year2 7ii7 the reliance of the ,united ,states on foreign sources to meet those needs during the preceding year2 and 7iii7 the implications of any supply shortages1 restrictions1 or disruptions during the preceding year2 7,e7 the quantity of each critical mineral domestically recycled during the preceding year2 7,f7 the market penetration during the preceding year of alternatives to each critical mineral2 7,g7 a discussion of international trends associated with the discovery1 production1 consumption1 use1 costs of production1 prices1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7,h7 such other data1 analyses1 and evaluations as the ,secretary finds are necessary to achieve the purposes of this section2 and 7#b7 a comprehensive forecast1 entitled the ,annual ,critical ,minerals ,outlook1 of projected critical mineral production1 consumption1 and recycling patterns1 including-- 7,a7 the quantity of each critical mineral projected to be domestically produced over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,b7 the quantity of each critical mineral projected to be domestically consumed over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,c7 an assessment of-- 7i7 critical mineral requirements to meet projected national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states2 7ii7 the projected reliance of the ,united ,states on foreign sources to meet those needs2 and 7iii7 the projected implications of potential supply shortages1 restrictions1 or disruptions2 7,d7 the quantity of each critical mineral projected to be domestically recycled over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,e7 the market penetration of alternatives to each critical mineral projected to take place over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,f7 a discussion of reasonably foreseeable international trends associated with the discovery1 production1 consumption1 use1 costs of production1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7,g7 such other projections relating to each critical mineral as the ,secretary determines to be necessary to achieve the purposes of this section4 7b7 ,proprietary information ,in preparing a report described in subsection 7a71 the ,secretary shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7#a7 no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information2 7#b7 no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information2 and 7#c7 procedures are established to require the withholding of any information or data collected for the report if the ,secretary determines that withholding is necessary to protect proprietary information1 including any trade secrets or other confidential information4 #ccji4 ,education and workforce 7a7 ,workforce assessment ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,secretary of ,labor 7in consultation with the ,secretary1 the ,director of the ,national ,science ,foundation1 institutions of higher education with substantial expertise in mining1 institutions of higher education with significant expertise in minerals research1 including fundamental research into alternatives1 and employers in the critical minerals sector7 shall submit to ,congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration1 development1 assessment1 production1 manufacturing1 recycling1 analysis1 forecasting1 education1 and research1 including an analysis of-- 7#a7 skills that are in the shortest supply as of the date of the assessment2 7#b7 skills that are projected to be in short supply in the future2 7#c7 the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce2 7#d7 the effectiveness of training and education programs in addressing skills shortages2 7#e7 opportunities to hire locally for new and existing critical mineral activities2 7#f7 the sufficiency of personnel within relevant areas of the ,federal ,government for achieving the policies described in section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb72 and 7#g7 the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry4 7b7 ,curriculum study 7#a7 ,in general ,the ,secretary and the ,secretary of ,labor shall jointly enter into an arrangement with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering under which the ,academies shall coordinate with the ,national ,science ,foundation on conducting a study-- 7,a7 to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the ,united ,states to increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7,b7 to address undergraduate and graduate education1 especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7,c7 to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the ,united ,states to increase domestic1 critical mineral exploration1 research1 development1 production1 manufacturing1 and recycling2 and 7,d7 to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in subsection 7c74 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a description of the results of the study required under paragraph 7#a74 7c7 ,program 7#a7 ,establishment ,the ,secretary and the ,secretary of ,labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive #d-year grants for-- 7,a7 startup costs for newly designated faculty positions in integrated critical mineral education1 research1 innovation1 training1 and workforce development programs consistent with subsection 7b72 7,b7 internships1 scholarships1 and fellowships for students enrolled in programs related to critical minerals2 7,c7 equipment necessary for integrated critical mineral innovation1 training1 and workforce development programs2 and 7,d7 research of critical minerals and their applications1 particularly concerning the manufacture of critical components vital to national security4 7#b7 ,renewal ,a grant under this subsection shall be renewable for up to #b additional #c-year terms based on performance criteria outlined under subsection 7b77#a77;,d74 #ccaj4 ,national geological and geophysical data preservation program ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #e1jjj1jjj for each of fiscal years #bjag through #bjbf1 to remain available until expended4 #ccaa4 ,administration 7a7 ,in general ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 7b7 ,conforming amendment ,section #c7;d7 of the ,national ,superconductivity and ,competitiveness ,act of #aihh 7#ae ,u4,s4,c4 #ebjb7;d77 is amended in the first sentence by striking 1 with the assistance of the ,national ,critical ,materials ,council as specified in the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq4714 7c7 ,savings clauses 7#a7 ,in general ,nothing in this subtitle or an amendment made by this subtitle modifies any requirement or authority provided by-- 7,a7 the matter under the heading ,,geological ,,survey of the first section of the ,act of ,march #c1 #ahgi 7#dc ,u4,s4,c4 #ca7;a772 or 7,b7 the first section of ,public ,law #hg-fbf 7#dc ,u4,s4,c4 #ca7;b774 7#b7 ,secretarial order not affected ,this subtitle 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 #ccab4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subtitle #ej1jjj1jjj for each of fiscal years #bjag through #bjbf4 ,e ,coal #cdja4 ,sense of the ,senate on carbon capture1 use1 and storage development and deployment ,it is the sense of the ,senate that-- 7#a7 carbon capture1 use1 and storage deployment is-- 7,a7 an important part of the clean energy future and smart research and development investments of the ,united ,states2 and 7,b7 critical-- 7i7 to increasing the energy security of the ,united ,states2 7ii7 to reducing emissions2 and 7iii7 to maintaining a diverse and reliable energy resource2 7#b7 the fossil energy programs of the ,department should continue to focus on research and development of technologies that will improve the capture1 transportation1 use 7including for the production through biofixation of carbon-containing products71 and injection processes essential for carbon capture1 use1 and storage activities in the electrical and industrial sectors2 7#c7 the ,secretary should continue to partner with the private sector and explore avenues to bring down the cost of carbon capture1 including through loans1 grants1 and sequestration credits to help make carbon capture1 use1 and storage technologies more competitive compared to other technologies that are a part of the clean energy future of the ,united ,states2 and 7#d7 the ,secretary should continue working with international partners on pre-existing agreements1 projects1 and information sharing activities of the ,secretary to develop the latest and most cutting-edge carbon capture1 use1 and storage technologies for the electrical and industrial sectors4 #cdjb4 ,fossil energy ,section #ifa7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7;a77 is amended by adding at the end the following3 7#h7 ,improving the conversion1 use1 and storage of carbon dioxide produced from fossil fuels4 4 #cdjc4 ,establishment of coal technology program 7a7 ,repeals 7#a7 ,in general 7,a7 ,sections #ifb and #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib1 #afbic7 are repealed4 7,b7 ,subtitle ,a of title ,,iv of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeifa et seq47 is repealed4 7#b7 ,savings clause ,notwithstanding the amendments made by paragraph 7#a71 the ,secretary shall continue to manage any program activities that are outstanding as of the date of enactment of this ,act under the terms and conditions of sections #ifb and #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib1 #afbic7 or subtitle ,a of title ,,iv of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeifa et seq47 7as in effect on the day before the date of enactment of this ,act71 as applicable4 7#c7 ,conforming amendments 7,a7 ,section #gjc7;a77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbea7;a77#c77 is amended-- 7i7 in the matter preceding subparagraph 7,a71 by striking the first and second sentences2 and 7ii7 in subparagraph 7,b71 by striking including in the matter preceding clause 7i7 and all that follows through the period at the end and inserting 1 including such geologic sequestration projects as are approved by the ,secretary4 7,b7 ,section #gjd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbeb7 is amended in the first sentence by striking under section #ifc7;c77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7;c77#c771 as added by section #gjb of this subtitle1 and4 7b7 ,establishment of coal technology program ,the ,energy ,policy ,act of #bjje 7as amended by subsection 7a77 is amended by inserting after section #ifa 7#db ,u4,s4,c4 #afbia7 the following3 #ifb4 ,coal technology program 7a7 ,definitions ,in this section3 7#a7 ,large-scale pilot project ,the term large-scale pilot project means a pilot project that-- 7,a7 represents the scale of technology development beyond laboratory development and bench scale testing1 but not yet advanced to the point of being tested under real operational conditions at commercial scale2 7,b7 represents the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration2 and 7,c7 is large enough-- 7i7 to validate scaling factors2 and 7ii7 to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot plant application to commercial-scale demonstration or application4 7#b7 ,net-negative carbon dioxide emissions project ,the term net-negative carbon dioxide emissions project means a project-- 7,a7 that employs a technology for thermochemical coconversion of coal and biomass fuels that-- 7i7 uses a carbon capture system2 and 7ii7 with carbon dioxide removal1 can provide electricity1 fuels1 or chemicals with net-negative carbon dioxide emissions from production and consumption of the end products1 while removing atmospheric carbon dioxide2 7,b7 that will proceed initially through a large-scale pilot project for which front-end engineering will be performed for bituminous1 subbituminous1 and lignite coals2 and 7,c7 through which each use of coal will be combined with the use of a regionally indigenous form of biomass energy1 provided on a renewable basis1 that is sufficient in quantity to allow for net-negative emissions of carbon dioxide 7in combination with a carbon capture system71 while avoiding impacts on food production activities4 7#c7 ,program ,the term program means the program established under subsection 7b77#a74 7#d7 ,transformational technology 7,a7 ,in general ,the term transformational technology means a power generation technology that represents an entirely new way to convert energy that will enable a step change in performance1 efficiency1 and cost of electricity as compared to the technology in existence on the date of enactment of this section4 7,b7 ,inclusions ,the term transformational technology includes a broad range of technology improvements1 including-- 7i7 thermodynamic improvements in energy conversion and heat transfer1 including-- 7,i7 oxygen combustion2 7,,ii7 chemical looping2 and 7,,iii7 the replacement of steam cycles with supercritical carbon dioxide cycles2 7ii7 improvements in turbine technology2 7iii7 improvements in carbon capture systems technology2 and 7iv7 any other technology the ,secretary recognizes as transformational technology4 7b7 ,coal technology program 7#a7 ,in general ,the ,secretary shall establish a coal technology program to ensure the continued use of the abundant1 domestic coal resources of the ,united ,states through the development of technologies that will significantly improve the efficiency1 effectiveness1 costs1 and environmental performance of coal use4 7#b7 ,requirements ,the program shall include-- 7,a7 a research and development program2 7,b7 large-scale pilot projects2 7,c7 demonstration projects2 and 7,d7 net-negative carbon dioxide emissions projects4 7#c7 ,program goals and objectives ,in consultation with the interested entities described in paragraph 7#d77;,c71 the ,secretary shall develop goals and objectives for the program to be applied to the technologies developed within the program1 taking into consideration the following objectives3 7,a7 ,ensure reliable1 low-cost power from new and existing coal plants4 7,b7 ,achieve high conversion efficiencies4 7,c7 ,address emissions of carbon dioxide through high-efficiency platforms and carbon capture from new and existing coal plants4 7,d7 ,support small-scale and modular technologies to enable incremental capacity additions and load growth and large-scale generation technologies4 7,e7 ,support flexible baseload operations for new and existing applications of coal generation4 7,f7 ,further reduce emissions of criteria pollutants and reduce the use and manage the discharge of water in power plant operations4 7,g7 ,accelerate the development of technologies that have transformational energy conversion characteristics4 7,h7 ,validate geological storage of large volumes of anthropogenic sources of carbon dioxide and support the development of the infrastructure needed to support a carbon dioxide use and storage industry4 7,i7 ,examine methods of converting coal to other valuable products and commodities in addition to electricity4 7#d7 ,consultations required ,in carrying out the program1 the ,secretary shall-- 7,a7 undertake international collaborations1 as recommended by the ,national ,coal ,council2 7,b7 use existing authorities to encourage international cooperation2 and 7,c7 consult with interested entities1 including-- 7i7 coal producers2 7ii7 industries that use coal2 7iii7 organizations that promote coal and advanced coal technologies2 7iv7 environmental organizations2 7v7 organizations representing workers2 and 7vi7 organizations representing consumers4 7c7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall submit to ,congress a report describing the performance standards adopted under subsection 7b77#c74 7#b7 ,update ,not less frequently than once every #b years after the initial report is submitted under paragraph 7#a71 the ,secretary shall submit to ,congress a report describing the progress made towards achieving the objectives and performance standards adopted under subsection 7b77#c74 7d7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section1 to remain available until expended-- 7,a7 for activities under the research and development program component described in subsection 7b77#b77;,a7-- 7i7 #bge1jjj1jjj for each of fiscal years #bjag through #bjbj2 and 7ii7 #bjj1jjj1jjj for fiscal year #bjba2 7,b7 for activities under the demonstration projects program component described in subsection 7b77#b77;,c7-- 7i7 #ej1jjj1jjj for each of fiscal years #bjag through #bjbj2 and 7ii7 #ge1jjj1jjj for fiscal year #bjba2 7,c7 subject to paragraph 7#b71 for activities under the large-scale pilot projects program component described in subsection 7b77#b77;,b71 #bhe1jjj1jjj for each of fiscal years #bjag through #bjba2 and 7,d7 for activities under the net-negative carbon dioxide emissions projects program component described in subsection 7b77#b77;,d71 #bb1jjj1jjj for each of fiscal years #bjag through #bjba4 7#b7 ,cost sharing for large-scale pilot projects ,activities under subsection 7b77#b77;,b7 shall be subject to the cost-sharing requirements of section #ihh7;b74 4 #cdjd4 ,report on price stabilization support 7a7 ,definition of electric generation unit ,in this section1 the term electric generation unit means an electric generation unit that-- 7#a7 uses coal-based generation technology2 and 7#b7 is capable of capturing carbon dioxide emissions from the unit4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prepare and submit to the appropriate committees of ,congress a report-- 7#a7 on the benefits and costs of entering into long-term binding contracts on behalf of the ,federal ,government with qualified parties to provide price stabilization support for certain industrial sources for capturing carbon dioxide from electricity generated at an electric generation unit or carbon dioxide captured from an electric generation unit and sold to a purchaser for-- 7,a7 the recovery of crude oil2 or 7,b7 other purposes for which a commercial market exists2 and 7#b7 that-- 7,a7 contains an analysis of how the ,department would establish1 implement1 and maintain a contracting program described in paragraph 7#a72 and 7,b7 outlines options for how price stabilization contracts may be structured and regulations that would be necessary to implement a contracting program described in paragraph 7#a74 ,f ,nuclear #ceja4 ,nuclear energy innovation capabilities 7a7 ,definitions ,in this section3 7#a7 ,advanced fission reactor ,the term advanced fission reactor means a nuclear fission reactor with significant improvements over the most recent generation of nuclear reactors1 including improvements such as-- 7,a7 inherent safety features2 7,b7 lower waste yields2 7,c7 greater fuel utilization2 7,d7 superior reliability2 7,e7 resistance to proliferation2 7,f7 increased thermal efficiency2 and 7,g7 ability to integrate into electric and nonelectric applications4 7#b7 ,fast neutron ,the term fast neutron means a neutron with kinetic energy above #ajj kiloelectron volts4 7#c7 ,national ,laboratory 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7,b7 ,limitation ,with respect to the ,lawrence ,livermore ,national ,laboratory1 the ,los ,alamos ,national ,laboratory1 and the ,sandia ,national ,laboratories1 the term ,national ,laboratory means only the civilian activities of the laboratory4 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-- 7,a7 research on materials sciences and nuclear physics2 and 7,b7 testing of advanced materials1 nuclear fuels1 and other related components for reactor systems4 7b7 ,mission ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the ,secretary shall conduct programs of civilian nuclear research1 development1 demonstration1 and commercial application1 including activities described in this subtitle1 that take into consideration the following objectives3 7#a7 ,providing research infrastructure-- 7,a7 to promote scientific progress2 and 7,b7 to 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 nuclear energy research and development programs at the ,national ,laboratories and institutions of higher education1 including programs of infrastructure of ,national ,laboratories and institutions of higher education4 7#c7 ,providing the technical means to reduce the likelihood of nuclear weapons proliferation4 7#d7 ,ensuring public safety4 7#e7 ,reducing the environmental impact of nuclear energy-related activities4 7#f7 ,supporting technology transfer from the ,national ,laboratories to the private sector4 7#g7 ,enabling the private sector to partner with the ,national ,laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the objectives described in this subsection4 4 7c7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 nuclear energy1 through fission or fusion1 represents the highest energy density of any known attainable source and yields low air emissions2 and 7#b7 considering the inherent complexity and regulatory burden associated with nuclear energy1 the ,department should focus civilian nuclear research and development activities of the ,department on programs that enable the private sector1 ,national ,laboratories1 and institutions of higher education to carry out experiments to promote scientific progress and enhance practical knowledge of nuclear engineering4 7d7 ,high-performance computation and supportive research 7#a7 ,modeling and simulation program 7,a7 ,in general ,the ,secretary shall carry out a program to enhance the capabilities of the ,united ,states to develop new reactor technologies and related systems technologies through high-performance computation modeling and simulation techniques 7referred to in this paragraph as the program74 7,b7 ,coordination required ,in carrying out the program1 the ,secretary shall coordinate with relevant ,federal agencies through the ,national ,strategic ,computing ,initiative established by ,executive ,order #acgjb 7#hj ,fed4 ,reg4 #dfagg7 7,july #bi1 #bjae74 7,c7 ,objectives ,in carrying out the program1 the ,secretary shall take into consideration the following objectives3 7i7 ,using expertise from the private sector1 institutions of higher education1 and ,national ,laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced fission reactor systems1 nuclear fusion systems1 and reactor systems for space exploration4 7ii7 ,developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation4 7iii7 ,increasing the utility of the research infrastructure of the ,department by coordinating with the ,advanced ,scientific ,computing ,research program of the ,office of ,science4 7iv7 ,leveraging experience from the ,energy ,innovation ,hub for ,modeling and ,simulation4 7v7 ,ensuring that new experimental and computational tools are accessible to relevant research communities1 including private companies engaged in nuclear energy technology development4 7#b7 ,supportive research activities ,the ,secretary shall consider support for additional research activities to maximize the utility of the research facilities of the ,department1 including research-- 7,a7 on physical processes to simulate degradation of materials and behavior of fuel forms2 and 7,b7 for validation of computational tools4 7e7 ,versatile neutron source 7#a7 ,determination of mission need 7,a7 ,in general ,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 facility 7referred to in this subsection as the user facility74 7,b7 ,consultation required ,in carrying out subparagraph 7,a71 the ,secretary shall consult with the private sector1 institutions of higher education1 the ,national ,laboratories1 and relevant ,federal agencies to ensure that the user facility will meet the research needs of the largest possible majority of prospective users4 7#b7 ,plan for establishment ,on the determination of the mission need under paragraph 7#a71 the ,secretary1 as expeditiously as practicable1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a detailed plan for the establishment of the user facility 7referred to in this section as the plan74 7#c7 ,deadline for establishment ,the ,secretary shall make every effort to complete construction of1 and approve the start of operations for1 the user facility by ,december #ca1 #bjbe4 7#d7 ,facility requirements 7,a7 ,capabilities ,the ,secretary shall ensure that the user facility shall provide1 at a minimum-- 7i7 fast neutron spectrum irradiation capability2 and 7ii7 capacity for upgrades to accommodate new or expanded research needs4 7,b7 ,considerations ,in carrying out the plan1 the ,secretary shall consider-- 7i7 capabilities that support experimental high-temperature testing2 7ii7 providing a source of fast neutrons-- 7,i7 at a neutron flux that is higher than the neutron flux at which research facilities operate before establishment of the user facility2 and 7,,ii7 sufficient to enable research for an optimal base of prospective users2 7iii7 maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible2 7iv7 capabilities for irradiation with neutrons of a lower energy spectrum2 7v7 multiple loops for fuels and materials testing in different coolants2 and 7vi7 additional pre-irradiation and post-irradiation examination capabilities4 7#e7 ,coordination ,in carrying out this subsection1 the ,secretary shall leverage the best practices of the ,office of ,science for the management1 construction1 and operation of national user facilities4 7#f7 ,report ,the ,secretary shall include in the annual budget request of the ,department an explanation for any delay in carrying out this subsection4 7f7 ,enabling nuclear energy innovation 7#a7 ,establishment of ,national ,nuclear ,innovation ,center ,the ,secretary may enter into a memorandum of understanding with the ,chairman of the ,nuclear ,regulatory ,commission to establish a center to be known as the ,national ,nuclear ,innovation ,center 7referred to in this subsection as the ,center7-- 7,a7 to enable the testing and demonstration of reactor concepts to be proposed and funded1 in whole or in part1 by the private sector2 7,b7 to establish and operate a database to store and share data and knowledge on nuclear science between ,federal agencies and private industry2 and 7,c7 to establish capabilities to develop and test reactor electric and nonelectric integration and energy conversion systems4 7#b7 ,role of ,,nrc ,in operating the ,center1 the ,secretary shall-- 7,a7 consult with the ,nuclear ,regulatory ,commission on safety issues2 and 7,b7 permit staff of the ,nuclear ,regulatory ,commission to actively observe and learn about the technology being developed at the ,center4 7#c7 ,objectives ,a reactor developed under paragraph 7#a77;,a7 shall have the following objectives3 7,a7 ,enabling physical validation of fusion and advanced fission experimental reactors at the ,national ,laboratories or other facilities of the ,department4 7,b7 ,resolving technical uncertainty and increase practical knowledge relevant to safety1 resilience1 security1 and functionality of novel reactor concepts4 7,c7 ,conducting general research and development to improve novel reactor technologies4 7#d7 ,use of technical expertise ,in operating the ,center1 the ,secretary shall leverage the technical expertise of relevant ,federal agencies and ,national ,laboratories-- 7,a7 to minimize the time required to carry out paragraph 7#c72 and 7,b7 to ensure reasonable safety for individuals working at the ,national ,laboratories or other facilities of the ,department to carry out that paragraph4 7#e7 ,reporting requirement 7,a7 ,in general ,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 submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report assessing the capabilities of the ,department to authorize1 host1 and oversee privately proposed and funded reactors 7as described in paragraph 7#a77;,a774 7,b7 ,contents ,the report shall address-- 7i7 the safety review and oversight capabilities of the ,department1 including options to leverage expertise from the ,nuclear ,regulatory ,commission and the ,national ,laboratories2 7ii7 potential sites capable of hosting the activities described in paragraph 7#a72 7iii7 the efficacy of the available contractual mechanisms of the ,department to partner with the private sector and other ,federal agencies1 including cooperative research and development agreements1 strategic partnership projects1 and agreements for commercializing technology2 7iv7 how the ,federal ,government and the private sector will address potential intellectual property concerns2 7v7 potential cost structures relating to physical security1 decommissioning1 liability1 and other long term project costs2 and 7vi7 other challenges or considerations identified by the ,secretary4 7g7 ,budget plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives #c alternative #aj-year budget plans for civilian nuclear energy research and development by the ,department in accordance with paragraph 7#b74 7#b7 ,description of plans 7,a7 ,in general ,the #c alternative #aj-year budget plans submitted under paragraph 7#a7 shall be the following3 7i7 ,a plan that assumes constant annual funding at the level of appropriations for fiscal year #bjaf for the civilian nuclear energy research and development of the ,department1 particularly for programs critical to advanced nuclear projects and development4 7ii7 ,a plan that assumes #b percent annual increases to the level of appropriations described in clause 7i74 7iii7 ,a plan that uses an unconstrained budget4 7,b7 ,inclusions ,each plan shall include-- 7i7 a prioritized list of the programs1 projects1 and activities of the ,department that best support the development1 licensing1 and deployment of advanced nuclear energy technologies2 7ii7 realistic budget requirements for the ,department to carry out subsections 7d71 7e71 and 7f72 and 7iii7 the justification of the ,department for continuing or terminating existing civilian nuclear energy research and development programs4 7h7 ,nuclear ,regulatory ,commission report ,not later than ,december #ca1 #bjaf1 the ,chairman of the ,nuclear ,regulatory ,commission shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,science1 ,space1 and ,technology and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing-- 7#a7 the extent to which the ,nuclear ,regulatory ,commission is capable of licensing advanced reactor designs that are developed pursuant to this section by the end of the #d-year period beginning on the date on which an application is received under part #ej or #eb of title #aj1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 any organizational or institutional barriers the ,nuclear ,regulatory ,commission will need to overcome to be able to license the advanced reactor designs that are developed pursuant to this section by the end of the #d-year period described in paragraph 7#a74 #cejb4 ,next generation nuclear plant project ,section #fdb7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjbb7;b77 is amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 ,g ,workforce development #cfja4 #bast ,century ,energy ,workforce ,advisory ,board 7a7 ,establishment ,the ,secretary shall establish the #bast ,century ,energy ,workforce ,advisory ,board 7referred to in this section as the ,board71 to develop a strategy for the support and development of a skilled energy workforce that-- 7#a7 meets the current and future industry and labor needs of the energy sector2 7#b7 provides opportunities for students to become qualified for placement in traditional energy sector and clean energy sector jobs2 7#c7 aligns apprenticeship programs and workforce development programs to provide industry recognized certifications and credentials2 7#d7 encourages leaders in the education system of the ,united ,states to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the energy- and manufacturing-related industries of the ,united ,states2 7#e7 appropriately supports other ,federal agencies2 7#f7 strengthens and more fully engages workforce training programs of the ,department and the ,national ,laboratories in carrying out the ,minorities in ,energy ,initiative of the ,department and other ,department workforce priorities2 7#g7 supports the design and replication of existing model energy curricula1 particularly in new and emerging technologies1 that leads to industry-wide credentials2 7#h7 develops plans to support and retrain displaced and unemployed energy sector workers2 and 7#i7 makes a ,department priority to provide education and job training to underrepresented groups1 including ethnic minorities1 ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 women1 veterans1 and socioeconomically disadvantaged individuals4 7b7 ,membership 7#a7 ,in general ,the ,board shall be composed of #i members1 with the initial members of the ,board to be appointed by the ,secretary not later than #a year after the date of enactment of this ,act4 7#b7 ,nominations ,not later than #a year after the date of enactment of this ,act1 the ,president's ,council of ,advisors on ,science and ,technology shall nominate for appointment to the ,board under paragraph 7#a7 not less than #ah individuals who meet the qualifications described in paragraph 7#c74 7#c7 ,qualifications ,each individual nominated for appointment to the ,board under paragraph 7#a7 shall-- 7,a7 be eminent in the field of economics or workforce development2 7,b7 have expertise in relevant traditional energy industries and clean energy industries2 7,c7 have expertise in secondary and postsecondary education2 7,d7 have expertise in energy workforce development or apprentice programs of ,states and units of local government2 7,e7 have expertise in relevant organized labor organizations2 or 7,f7 have expertise in bringing underrepresented groups1 including ethnic minorities1 women1 veterans1 and socioeconomically disadvantaged individuals1 into the workforce4 7#d7 ,representation ,the membership of the ,board shall be representative of the broad range of the energy industry1 labor organizations1 workforce development1 education1 minority participation1 cybersecurity1 and economics disciplines related to activities carried out under this section4 7#e7 ,limitation ,no individual shall be nominated for appointment to the ,board who is an employee of an entity applying for a grant under section #cfjb4 7c7 ,advisory ,board ,review and ,recommendations 7#a7 ,determination by board ,in developing the strategy required under subsection 7a71 the ,board shall-- 7,a7 determine whether there are opportunities to more effectively and efficiently use the capabilities of the ,department in the development of a skilled energy workforce2 7,b7 identify ways in which the ,department could work with other relevant ,federal agencies1 ,states1 units of local government1 educational institutions1 labor1 and industry in the development of a skilled energy workforce2 7,c7 identify ways in which the ,department and ,national ,laboratories can-- 7i7 increase outreach to minority-serving institutions2 and 7ii7 make resources available to increase the number of skilled minorities and women trained to go into the energy- and manufacturing-related sectors2 7,d7 identify ways in which the ,department and ,national ,laboratories can-- 7i7 increase outreach to displaced and unemployed energy sector workers2 and 7ii7 make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce2 and 7,e7 identify the energy sectors in greatest need of workforce training and develop guidelines for the skills necessary to develop a workforce trained to work in those energy sectors4 7#b7 ,required analysis ,in developing the strategy required under subsection 7a71 the ,board shall analyze the effectiveness of-- 7,a7 existing ,department directed support2 and 7,b7 developing energy workforce training programs4 7#c7 ,report ,not later than #a year after the date on which the ,board is established under this section1 and each year thereafter1 the ,board shall submit to the ,secretary and ,congress1 and make public1 a report containing the findings of the ,board and model energy curricula with respect to the strategy required to be developed under subsection 7a74 7d7 ,report by ,secretary ,not later than #ah months after the date on which the ,board is established under this section1 the ,secretary shall submit to the ,committees on ,appropriations of ,senate and the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7#a7 describes whether the ,secretary approves or disapproves the recommendations of the ,board under subsection 7c77#c72 and 7#b7 provides an implementation plan for recommendations approved by the ,board under paragraph 7#a74 7e7 ,clearinghouse ,based on the recommendations of the ,board1 the ,secretary shall establish a clearinghouse-- 7#a7 to maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs2 and 7#b7 to act as a resource1 and provide guidance1 for secondary schools1 institutions of higher education 7including community colleges and minority-serving institutions71 workforce development organizations1 labor management organizations1 and industry organizations that would like to develop and implement energy- and manufacturing-related training programs4 7f7 ,outreach to minority-serving institutions ,in developing the strategy under subsection 7a71 the ,board shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions 7including historically black colleges and universities1 predominantly black institutions1 ,hispanic serving institutions1 and tribal institutions72 7#b7 make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors2 and 7#c7 encourage industry to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs4 7g7 ,sunset ,the ,board established under this section shall remain in effect until ,september #cj1 #bjbj4 #cfjb4 ,energy workforce pilot grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,education1 shall establish a pilot program to award grants on a competitive basis to eligible entities for job training programs that lead to an industry-recognized credential4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall be a public or nonprofit organization or a consortium of public or nonprofit organizations that-- 7#a7 includes an advisory board of proportional participation1 as determined by the ,secretary1 of relevant organizations1 including-- 7,a7 relevant energy industry organizations1 including public and private employers2 7,b7 labor organizations2 7,c7 postsecondary education organizations2 and 7,d7 workforce development boards2 7#b7 demonstrates experience in implementing and operating job training and education programs2 7#c7 demonstrates the ability to recruit and support individuals who plan to work in the energy industry in the successful completion of relevant job training and education programs2 and 7#d7 provides students who complete the job training and education program with an industry-recognized credential4 7c7 ,applications ,eligible entities desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,priority ,in selecting eligible entities to receive grants under this section1 the ,secretary shall prioritize applicants that-- 7#a7 house the job training and education programs in-- 7,a7 a community college or institution of higher education that includes basic science and math education in the curriculum of the community college1 institution of higher education2 or 7,b7 an apprenticeship program registered with the ,department of ,labor or a ,state 7as defined in #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb77 7referred to in this section as the ,state72 7#b7 work with the ,secretary of ,defense and the ,secretary of ,veterans ,affairs or veteran service organizations recognized by the ,secretary of ,veterans ,affairs under section #eijb of title #ch1 ,united ,states ,code1 to transition members of the ,armed ,forces and veterans to careers in the energy sector2 7#c7 work with ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 tribal organizations 7as defined in section #cgfe of title #ch1 ,united ,states ,code71 and ,native ,american veterans 7as defined in section #cgfe of title #ch1 ,united ,states ,code71 including veterans who are a descendant of an ,alaska ,native 7as defined in section #c7r7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7r772 7#d7 apply as a ,state or regional consortia to leverage best practices already available in the ,state or region in which the community college or institution of higher education is located2 7#e7 have a ,state-supported entity included in the consortium applying for the grant2 7#f7 include an apprenticeship program registered with the ,department of ,labor or a ,state as part of the job training and education program2 7#g7 provide support services and career coaching2 7#h7 provide introductory energy workforce development training2 7#i7 work with minority-serving institutions to provide job training to increase the number of skilled minorities and women in the energy sector2 7#aj7 provide job training for displaced and unemployed workers in the energy sector2 7#aa7 establish a community college or #b-year technical college-based ,center of ,excellence for an energy and maritime workforce technical training program2 or 7#ab7 are located in close proximity to marine or port facilities in the ,gulf of ,mexico1 ,atlantic ,ocean1 ,pacific ,ocean1 ,arctic ,ocean1 ,bering ,sea1 ,gulf of ,alaska1 or ,great ,lakes4 7e7 ,additional consideration ,in making grants under this section1 the ,secretary shall consider regional diversity4 7f7 ,limitation on applications ,an eligible entity may not submit1 either individually or as part of a joint application1 more than #a application for a grant under this section during any #a fiscal year4 7g7 ,limitations on amount of grant ,the amount of an individual grant for any #a year shall not exceed #a1jjj1jjj4 7h7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of a job training and education program carried out using a grant under this section shall be not greater than #fe percent4 7#b7 ,non-,federal share 7,a7 ,in general ,the non-,federal share of the cost of a job training and education program carried out using a grant under this section shall consist of not less than #ej percent cash4 7,b7 ,limitation ,not greater than #ej percent of the non-,federal contribution of the total cost of a job training and education program carried out using a grant under this section shall be in the form of in-kind contributions of goods or services fairly valued4 7i7 ,reduction of duplication ,prior to submitting an application for a grant under this section1 each applicant shall consult with the appropriate agencies of the ,federal ,government and coordinate the proposed activities of the applicant with existing ,state and local programs4 7j7 ,direct assistance ,in awarding grants under this section1 the ,secretary shall provide direct assistance 7including technical expertise1 wraparound services1 career coaching1 mentorships1 internships1 and partnerships7 to entities that receive a grant under this section4 7k7 ,technical assistance ,the ,secretary shall provide technical assistance and capacity building to national and ,state energy partnerships1 including the entities described in subsection 7b77#a71 to leverage the existing job training and education programs of the ,department4 7l7 ,report ,the ,secretary shall submit to ,congress and make publicly available on the website of the ,department an annual report on the program established under this section1 including a description of-- 7#a7 the entities receiving grants2 7#b7 the activities carried out using the grants2 7#c7 best practices used to leverage the investment of the ,federal ,government2 7#d7 the rate of employment for participants after completing a job training and education program carried out using a grant2 and 7#e7 an assessment of the results achieved by the program4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjag through #bjbj4 ,h ,recycling #cgja4 ,recycled carbon fiber 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study on-- 7,a7 the technology of recycled carbon fiber and production waste carbon fiber2 and 7,b7 the potential lifecycle energy savings and economic impact of recycled carbon fiber4 7#b7 ,factors for consideration ,in conducting the study under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the quantity of recycled carbon fiber or production waste carbon fiber that would make the use of recycled carbon fiber or production waste carbon fiber economically viable2 7,b7 any existing or potential barriers to recycling carbon fiber or using recycled carbon fiber2 7,c7 any financial incentives that may be necessary for the development of recycled carbon fiber or production waste carbon fiber2 7,d7 the potential lifecycle savings in energy from producing recycled carbon fiber1 as compared to producing new carbon fiber2 7,e7 the best and highest use for recycled carbon fiber2 7,f7 the potential reduction in carbon dioxide emissions from producing recycled carbon fiber1 as compared to producing new carbon fiber2 7,g7 any economic benefits gained from using recycled carbon fiber or production waste carbon fiber2 7,h7 workforce training and skills needed to address labor demands in the development of recycled carbon fiber or production waste carbon fiber2 and 7,i7 how the ,department can leverage existing efforts in the industry on the use of production waste carbon fiber4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under paragraph 7#a74 7b7 ,recycled carbon fiber demonstration project ,on completion of the study required under subsection 7a77#a71 the ,secretary shall consult with the aviation and automotive industries and existing programs of the ,advanced ,manufacturing ,office of the ,department to develop a carbon fiber recycling demonstration project4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj1 to remain available until expended4 #cgjb4 ,energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics 7a7 ,definitions ,in this section3 7#a7 ,engineered fuel ,the term engineered fuel means a solid fuel that is manufactured from nonrecycled constituents of municipal solid waste or other secondary materials4 7#b7 ,gasification ,the term gasification means a process through which nonrecycled waste is heated and converted to synthesis gas in an oxygen-deficient atmosphere1 which can be converted into fuels such as ethanol or other chemical feedstocks4 7#c7 ,pyrolysis ,the term pyrolysis means a process through which nonrecycled plastics are heated in the absence of oxygen until melted and thermally decomposed1 and are then cooled1 condensed1 and converted into synthetic crude oil or refined into synthetic fuels and feedstocks such as diesel or naphtha4 7b7 ,study ,with respect to nonrecycled mixed plastics that are part of municipal solid waste or other secondary materials in the ,united ,states 7and are often deposited in landfills71 the ,secretary shall conduct a study to determine the manner in which the ,united ,states can make progress toward a cost-effective system 7including with respect to environmental issues7 through which pyrolysis1 gasification1 and other innovative technologies such as engineered fuels are used to convert such plastics1 alone or in combination with other municipal solid waste or secondary materials1 into materials that can be used to generate electric energy or fuels or as chemical feedstocks4 7c7 ,completion of study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete the study described in subsection 7b7 and submit to the appropriate committees of ,congress reports providing findings and recommendations developed through the study4 7d7 ,funding ,the ,secretary may use unobligated funds of the ,department to carry out this section4 #cgjc4 ,eligible projects ,section #agjc7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77#a77 is amended by inserting 7excluding the burning of commonly recycled paper that has been segregated from solid waste to generate electricity7 after systems4 #cgjd4 ,promoting use of reclaimed refrigerants in ,federal facilities 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of ,general ,services shall issue guidance relating to the procurement of reclaimed refrigerants to service existing equipment of ,federal facilities4 7b7 ,preference ,the guidance issued under subsection 7a7 shall give preference to the use of reclaimed refrigerants1 on the conditions that-- 7#a7 the refrigerant has been reclaimed by a person or entity that is certified under the laboratory certification program of the ,air ,conditioning1 ,heating1 and ,refrigeration ,institute2 and 7#b7 the price of the reclaimed refrigerant does not exceed the price of a newly manufactured 7virgin7 refrigerant4 ,i ,thermal energy #chja4 ,modifying the definition of renewable energy to include thermal energy 7a7 ,in general ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 7as amended by section #cjja7;b77 is amended-- 7#a7 in subsection 7a71 by inserting a number equivalent to before the total amount of electric energy2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,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 2 and 7,c7 in paragraph 7#c7 7as redesignated by subparagraph 7,a77-- 7i7 by striking produced from and inserting produced or1 if resulting from a thermal energy project placed in service after ,december #ca1 #bjad1 thermal energy generated from1 or avoided by12 and 7ii7 by inserting qualified waste heat resource1 after municipal solid waste12 and 7#c7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 7,b7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,for purposes and inserting the following3 7#a7 ,in general ,for purposes 2 and 7,c7 by adding at the end the following3 7#b7 ,separate calculation 7,a7 ,in general ,for purposes of determining compliance with the requirements of this section1 any energy consumption that is avoided through the use of renewable energy shall be considered to be renewable energy produced4 7,b7 ,denial of double benefit ,avoided energy consumption that is considered to be renewable energy produced under subparagraph 7,a7 shall not also be counted for purposes of achieving compliance with another ,federal energy efficiency goal4 4 7b7 ,conforming amendment ,section #bdajq7a7 of title #aj1 ,united ,states ,code1 is amended by striking section #bjc7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77#b77 and inserting section #bjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b774 ,,iv ,accountability ,a ,loan programs #djja4 ,terms and conditions for incentives for innovative technologies 7a7 ,borrower payment of subsidy cost 7#a7 ,in general ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by adding at the end the following3 7l7 ,borrower payment of subsidy cost 7#a7 ,in general ,in addition to the requirement in subsection 7b77#a71 no guarantee shall be made unless the ,secretary has received from the borrower not less than #be percent of the cost of the guarantee4 7#b7 ,estimate ,the ,secretary shall provide to the borrower1 as soon as practicable1 an estimate or range of the cost of the guarantee under paragraph 7#a74 4 7#b7 ,conforming amendment ,section #agjb7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;b77 is amended-- 7,a7 by striking 7#a7 ,in general4--,no guarantee and inserting the following3 ,subject to subsection 7l71 no guarantee2 7,b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as paragraphs 7#a71 7#b71 and 7#c71 respectively1 and indenting appropriately2 and 7,c7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 by striking subparagraph 7,b7 and inserting paragraph 7#b74 7#c7 ,effective date ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect on ,october #a1 #bjai4 7b7 ,prohibition on subordination of debt ,section #agjb7;d77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;d77#c77 is amended by striking is not subordinate and inserting 7including any reorganization1 restructuring1 or termination of the obligation7 shall not at any time be subordinate4 7c7 ,loan program transparency ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended by adding at the end the following3 7f7 ,loan status 7#a7 ,request ,if the ,secretary does not make a final decision on an application for a loan guarantee under this section by the date that is #bgj days after receipt of the application by the ,secretary1 on that date and every #ij days thereafter until the final decision is made1 the applicant may request that the ,secretary provide to the applicant a description of the status of the application4 7#b7 ,response ,not later than #aj days after receiving a request from an applicant under paragraph 7#a71 the ,secretary shall provide to the applicant a response that includes-- 7,a7 a summary of any factors that are delaying a final decision on the application2 and 7,b7 an estimate of when review of the application will be completed4 4 7d7 ,temporary program for rapid deployment of renewable energy and electric power transmission projects 7#a7 ,repeal ,section #agje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaf7 is repealed4 7#b7 ,rescission ,there is rescinded the unobligated balance of amounts made available to carry out the loan guarantee program established under section #agje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaf7 7before the amendment made by paragraph 7#a774 7#c7 ,management ,the ,secretary shall ensure rigorous continued management and oversight of all outstanding loans guaranteed under the program described in subsection 7b7 until those loans have been repaid in full4 #djjb4 ,state loan eligibility 7a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#g7 ,state energy financing institution 7,a7 ,in general ,the term ,state energy financing institution means a quasi-independent entity or an entity within a ,state agency or financing authority established by a ,state-- 7i7 to provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 to create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian tribal entity or an ,alaska ,native ,corporation4 4 7b7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 7as amended by section #djja7;a77#a77 is amended-- 7#a7 in subsection 7a71 by inserting or to a ,state energy financing institution after for projects2 and 7#b7 by adding at the end the following3 7m7 ,state energy financing institutions 7#a7 ,eligibility ,to be eligible for a guarantee under this title1 a ,state energy financing institution-- 7,a7 shall meet the requirements of section #agjc7;a77#a72 and 7,b7 shall not be required to meet the requirements of section #agjc7;a77#b74 7#b7 ,partnerships authorized ,in carrying out a project receiving a loan guarantee under this title1 ,state energy financing institutions may enter into partnerships with private entities1 tribal entities1 and ,alaska ,native corporations4 7#c7 ,prohibition on use of appropriated funds ,amounts appropriated to the ,department of ,energy before the date of enactment of this subsection shall not be available to be used for the cost of loan guarantees made to ,state energy financing institutions under this subsection4 4 #djjc4 ,,gao ,study on fossil loan guarantee incentive program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress a report describing the results of1 a study on the effectiveness of the advanced fossil loan guarantee incentive program and other incentive programs for advanced fossil energy of the ,department4 7b7 ,contents ,in carrying out the study under subsection 7a71 the ,comptroller ,general of the ,united ,states shall-- 7#a7 solicit industry and stakeholder input2 7#b7 evaluate the effectiveness of the advanced fossil loan guarantee incentive program1 alone or in combination with other incentives1 in advancing carbon capture and storage technology2 7#c7 review each ,federal incentive provided by the ,department and other ,federal agencies for carbon capture and storage demonstration projects to determine the adequacy and effectiveness of the combined ,federal incentives in advancing carbon capture and storage and advanced fossil energy technologies2 7#d7 assess whether combinations of the incentive programs in existence as of the date of enactment of this ,act could be effective to advance carbon capture and storage and advanced fossil energy technologies2 and 7#e7 evaluate the impact and costs of implementing the recommendations described in the ,january #bjae ,national ,coal ,council report entitled ,fossil ,forward3 ,revitalizing ,,ccs1 ,bringing ,scale and ,speed to ,,ccs ,deployment on the effectiveness of the advanced fossil loan guarantee program4 #djjd4 ,program eligibility for vessels ,subtitle ,b of title ,i of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa et seq47 is amended by adding at the end the following3 #acg4 ,advanced technology vehicles manufacturing incentive program eligibility for vessels 7a7 ,definition of vessel ,in this section1 the term vessel means a vessel 7as defined in section #c of title #a1 ,united ,states ,code71 whether in existence or under construction1 that has been issued a certificate of documentation as a ,united ,states flagged vessel under chapter #aba of title #df1 ,united ,states ,code and that meets the standards established under section #djje7;a7 of the ,energy ,policy ,modernization ,act of #bjaf4 7b7 ,eligibility ,subject to the terms and conditions of subsections 7d7 and 7f7 of section #acf1 projects for the reequipping1 expanding1 or establishing of a manufacturing facility in the ,united ,states to produce vessels shall be considered eligible for direct loans under section #acf7;d74 7c7 ,funding 7#a7 ,prohibition on use of existing credit subsidy ,none of the projects made eligible under this section shall be eligible to receive any credit subsidy provided under section #acf before the date of enactment of this section4 7#b7 ,specific appropriation or contribution ,the authority under this section to incur indebtedness1 or enter into contracts1 obligating amounts to be expended by the ,federal ,government shall be effective for any fiscal year only-- 7,a7 7i7 to such extent or in such amounts as are provided in advance by appropriation ,acts2 and 7ii7 if the borrower has agreed to pay a reasonable percentage of the cost of the obligation2 or 7,b7 if the ,secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the ,treasury4 4 #djje4 ,additional reforms 7a7 ,issuance of rule ,not later than #ahj days after the date of enactment of this ,act and after consultation with1 and taking into account comments from1 the vessel industry1 the ,secretary shall issue a rule that specifies which energy efficiency improvement standards shall apply to applicants for loans under section #acg of the ,energy ,independence and ,security ,act of #bjjg 7as added by section #djjd7 for the manufacturing1 retrofitting1 or repowering vessels that have been issued certificates of documentation as ,united ,states flagged vessels under chapter #aba of title #df1 ,united ,states ,code4 7b7 ,fees ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,fees 7#a7 ,in general ,the ,secretary shall charge and collect fees for loans provided under this section in amounts that the ,secretary determines are sufficient to cover applicable administrative expenses associated with the loans1 including reasonable closing fees on the loans4 7#b7 ,availability ,fees collected under paragraph 7#a7 shall-- 7,a7 be deposited by the ,secretary into the ,treasury2 and 7,b7 remain available until expended1 subject to such other conditions as are contained in annual appropriations ,acts4 4 #djjf4 ,department of ,energy ,indian energy education planning and management assistance program ,section #bfjb7;b77#f7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#f77 is amended by striking #bjaf and inserting #bjbf4 ,b ,energy-,water nexus #daja4 ,nexus of energy and water for sustainability 7a7 ,definitions ,in this section3 7#a7 ,energy-water nexus ,the term energy-water nexus means the links between-- 7,a7 the water needed to produce fuels1 electricity1 and other forms of energy2 and 7,b7 the energy needed to transport1 reclaim1 and treat water and wastewater4 7#b7 ,interagency coordination committee ,the term ,interagency ,coordination ,committee means the ,committee on the ,nexus of ,energy and ,water for ,sustainability 7or the ,,news ,committee7 established under subsection 7b77#a74 7#c7 ,nexus of energy and water sustainability office2 ,,news ,office ,the term ,nexus of ,energy and ,water ,sustainability ,office or the ,,news ,office means an office located at the ,department and managed in cooperation with the ,department of the ,interior pursuant to an agreement between the #b agencies to carry out leadership and administrative functions for the ,interagency ,coordination ,committee4 7#d7 ,,rd,d activities ,the term ,,rd,d activities means research1 development1 and demonstration activities4 7b7 ,interagency coordination committee 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary and the ,secretary of the ,interior shall establish the joint ,,news ,office and ,interagency ,coordination ,committee on the ,nexus of ,energy and ,water for ,sustainability 7or the ,,news ,committee7 to carry out the duties described in paragraph 7#c74 7#b7 ,administration 7,a7 ,chairs ,the ,secretary and the ,secretary of the ,interior shall jointly manage the ,,news ,office and serve as co-chairs of the ,interagency ,coordination ,committee4 7,b7 ,membership2 staffing ,membership and staffing shall be determined by the co-chairs4 7#c7 ,duties ,the ,interagency ,coordination ,committee shall-- 7,a7 serve as a forum for developing common ,federal goals and plans on energy-water nexus ,,rd,d activities in coordination with the ,national ,science and ,technology ,council2 7,b7 not later than #a year after the date of enactment of this ,act1 and biannually thereafter1 issue a strategic plan on energy-water nexus ,,rd,d activities priorities and objectives2 7,c7 convene and promote coordination of the activities of ,federal departments and agencies on energy-water nexus ,,rd,d activities1 including the activities of-- 7i7 the ,department2 7ii7 the ,department of the ,interior2 7iii7 the ,corps of ,engineers2 7iv7 the ,department of ,agriculture2 7v7 the ,department of ,defense2 7vi7 the ,department of ,state2 7vii7 the ,environmental ,protection ,agency2 7viii7 the ,council on ,environmental ,quality2 7ix7 the ,national ,institute of ,standards and ,technology2 7x7 the ,national ,oceanic and ,atmospheric ,administration2 7xi7 the ,national ,science ,foundation2 7xii7 the ,office of ,management and ,budget2 7xiii7 the ,office of ,science and ,technology ,policy2 7xiv7 the ,national ,aeronautics and ,space ,administration2 and 7xv7 such other ,federal departments and agencies as the ,interagency ,coordination ,committee considers appropriate2 7,d7 7i7 coordinate and develop capabilities and methodologies for data collection1 management1 and dissemination of information related to energy-water nexus ,,rd,d activities from and to other ,federal departments and agencies2 and 7ii7 promote information exchange between ,federal departments and agencies-- 7,i7 to identify and document ,federal and non-,federal programs and funding opportunities that support basic and applied research1 development1 and demonstration proposals to advance energy-water nexus related science and technologies2 7,,ii7 to leverage existing programs by encouraging joint solicitations1 block grants1 and matching programs with non-,federal entities2 and 7,,iii7 to identify opportunities for domestic and international public-private partnerships1 innovative financing mechanisms1 information and data exchange2 7,e7 promote the integration of energy-water nexus considerations into existing ,federal water1 energy1 and other natural resource1 infrastructure1 and science programs at the national and regional levels and with programs administered in partnership with non-,federal entities2 and 7,f7 not later than #a year after the date of enactment of this ,act1 issue a report on the potential benefits and feasibility of establishing an energy-water center of excellence within the ,national ,laboratories 7as that term is defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja774 7#d7 ,no regulation ,nothing in this subsection grants to the ,interagency ,coordination ,committee the authority to promulgate regulations or set standards4 7#e7 ,review2 report ,at the end of the #e-year period beginning on the date on which the ,interagency ,coordination ,committee and ,,news ,office are established1 the ,,news ,office shall-- 7,a7 review the activities1 relevance1 and effectiveness of the ,interagency ,coordination ,committee2 and 7,b7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives a report that-- 7i7 describes the results of the review conducted under subparagraph 7,a72 and 7ii7 includes a recommendation on whether the ,interagency ,coordination ,committee should continue4 7c7 ,crosscut budget ,not later than #cj days after the ,president submits the budget of the ,united ,states ,government under section #aaje of title #ca1 ,united ,states ,code1 the co-chairs of the ,interagency ,coordination ,committee 7acting through the ,,news ,office7 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives1 an interagency budget crosscut report that displays at the program-1 project-1 and activity-level for each of the ,federal agencies that carry out or support 7including through grants1 contracts1 interagency and intraagency transfers1 and multiyear and no-year funds7 basic and applied ,,rd,d activities to advance the energy-water nexus related science and technologies-- 7#a7 the budget proposed in the budget request of the ,president for the upcoming fiscal year2 7#b7 expenditures and obligations for the prior fiscal year2 and 7#c7 estimated expenditures and obligations for the current fiscal year4 #dajb4 ,smart energy and water efficiency pilot program ,subtitle ,a of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia et seq47 is amended by adding at the end the following3 #iah4 ,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 7,d7 an ,indian tribe or ,alaska ,native village2 and 7,e7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,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 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 unique1 advanced1 or innovative technology-based solutions that will-- 7,a7 increase the energy efficiency of water1 wastewater1 and water reuse systems2 7,b7 improve energy efficiency of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make measurable progress in conserving water1 saving energy1 and reducing costs2 7,c7 support the implementation of innovative and unique processes and the installation of established advanced automated systems that provide real-time data on energy and water2 and 7,d7 improve energy-water conservation and quality and predictive maintenance through technologies that utilize 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 savings2 7ii7 the uniqueness1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors software1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the pilot project through measurable 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 in a wide range of applications ranging in scale from small towns to large cities1 including tribal communities2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology was 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 7,,vii7 a description of the ways in which the proposal would meet performance measures established by the ,secretary2 and 7,,viii7 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 section1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations 7i7 ,annual evaluations ,the ,secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the ,secretary1 consistent with the purposes of this section4 7ii7 ,requirements ,consistent with the performance measures and benchmarks developed under clause 7i71 in carrying out an evaluation under that clause1 the ,secretary shall-- 7,i7 evaluate the progress and impact of the project2 and 7,,ii7 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 assistance4 7,d7 ,best practices ,the ,secretary shall make available to the public through the ,internet and other means the ,secretary considers to be appropriate-- 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 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj1 to remain available until expended4 4 ,c ,innovation #dbja4 ,america ,,competes programs 7a7 ,basic research ,section #iga7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaa7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 #e1dbc1jjj1jjj for fiscal year #bjaf2 7#i7 #e1hjh1jjj1jjj for fiscal year #bjag2 7#aj7 #f1bbj1jjj1jjj for fiscal year #bjah2 7#aa7 #f1ffa1jjj1jjj for fiscal year #bjai2 and 7#ab7 #g1acd1jjj1jjj for fiscal year #bjbj4 4 7b7 ,advanced ,research ,projects ,agency-,energy ,section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7 is amended-- 7#a7 in subsection 7a77#c71 by striking subsection 7n77#a7 and inserting subsection 7o77#a72 7#b7 in subsection 7i71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,to the maximum extent practicable1 the ,director shall ensure that-- 7,a7 the activities of ,,arpa-,e are coordinated with1 and do not duplicate the efforts of1 programs and laboratories within the ,department and other relevant research agencies2 and 7,b7 ,,arpa-,e does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable4 2 7#c7 by redesignating subsection 7n7 as subsection 7o72 7#d7 by inserting after subsection 7m7 the following3 7n7 ,protection of information ,the following types of information collected by the ,,arpa-,e from recipients of financial assistance awards shall be considered commercial and financial information obtained from a person and privileged or confidential and not subject to disclosure under section #eeb7;b77#d7 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 parties 7such as venture capital firms1 hedge funds1 and private equity firms71 including amounts and the percentage of ownership of the awardee provided in return for the investments4 7#c7 ,additional financial support that the awardee-- 7,a7 plans to or has invested into the technology developed under the award2 or 7,b7 is seeking from third parties4 7#d7 ,revenue from the licensing or sale of new products or services resulting from research conducted under the award4 2 and 7#e7 in subsection 7o7 7as redesignated by paragraph 7#c77-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking paragraphs 7#d7 and 7#e7 and inserting paragraph 7#d72 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,f7 #cbe1jjj1jjj for each of fiscal years #bjaf through #bjah2 and 7,g7 #cge1jjj1jjj for each of fiscal years #bjai and #bjbj4 2 and 7,b7 in paragraph 7#d77;,b71 by striking 7c77#b77;,d7 and inserting 7c77#b77;,c74 #dbjb4 ,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-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by 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 precommercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from ,national ,laboratory activities4 4 #dbjc4 ,supporting access of small business concerns to ,national ,laboratories 7a7 ,definitions ,in this section3 7#a7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#b7 ,small business concern ,the term small business concern has the same meaning as in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7b7 ,actions for increased access at national laboratories for small business concerns ,to promote the technology transfer of innovative energy technologies and enhance the competitiveness of the ,united ,states1 the ,secretary shall take such actions as are appropriate to facilitate access to the ,national ,laboratories for small business concerns4 7c7 ,information on the ,,doe website relating to national laboratory programs available to small business concerns 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,directors of the ,national ,laboratories1 shall-- 7,a7 publish in a consolidated manner on the website of the ,department information relating to ,national ,laboratory programs that are available to small business concerns2 7,b7 provide for the information published under subparagraph 7,a7 to be kept up-to-date2 and 7,c7 include in the information published under subparagraph 7,a71 information on each available program under which small business concerns are eligible to enter into agreements to work with the ,national ,laboratories4 7#b7 ,components ,the information published on the ,department website under paragraph 7#a7 shall include-- 7,a7 a brief description of each agreement available to small business concerns to work with ,national ,laboratories2 7,b7 a step-by-step guide for completing agreements to work with ,national ,laboratories2 7,c7 best practices for working with ,national ,laboratories2 7,d7 individual ,national ,laboratory websites that provide information specific to technology transfer and working with small business concerns2 7,e7 links to funding opportunity announcements1 nonfinancial resources1 and other programs available to small business concerns2 and 7,f7 any other information that the ,secretary determines to be appropriate4 7#c7 ,accessibility ,the information published on the ,department website under paragraph 7#a7 shall be-- 7,a7 readily accessible and easily found on the ,internet by the public and members and committees of ,congress2 and 7,b7 presented in a searchable1 machine-readable format4 7#d7 ,guidance ,the ,secretary shall issue ,departmental guidance to ensure that the information published on the ,department website under paragraph 7#a7 is provided in a manner that presents a coherent picture of all ,national ,laboratory programs that are relevant to small business concerns4 #dbjd4 ,microlab technology commercialization 7a7 ,definitions ,in this section3 7#a7 ,microlab ,the term microlab means a small laboratory established by the ,secretary under subsection 7b74 7#b7 ,national ,laboratory ,the term national laboratory means-- 7,a7 a ,national ,laboratory1 as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja72 and 7,b7 a national security laboratory1 as defined in section #cbha of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdga74 7b7 ,establishment of microlab program 7#a7 ,in general ,the ,secretary1 in collaboration with the directors of national laboratories1 may establish a microlab program under which the ,secretary establishes microlabs that are located in close proximity to national laboratories and that are accessible to the public for the purposes of-- 7,a7 enhancing collaboration with regional research groups1 such as institutions of higher education and industry groups2 7,b7 accelerating technology transfer from national laboratories to the marketplace2 and 7,c7 promoting regional workforce development through science1 technology1 engineering1 and mathematics 7,,stem7 instruction and training4 7#b7 ,criteria ,in determining the placement of microlabs under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the commitment of a national laboratory to establishing a microlab2 7,b7 the existence of a joint research institute or a new facility that-- 7i7 is not on the main site of a national laboratory2 7ii7 is in close proximity to a national laboratory2 and 7iii7 has the capability to house a microlab2 7,c7 whether employees of a national laboratory and persons from academia1 industry1 and government are available to be assigned to the microlab2 and 7,d7 cost-sharing or in-kind contributions from ,state and local governments and private industry4 7#c7 ,timing ,if the ,secretary1 in collaboration with the directors of national laboratories1 elects to establish a microlab program under this subsection1 the ,secretary1 in collaboration with the directors of national laboratories1 shall-- 7,a7 not later than #fj days after the date of enactment of this ,act1 begin the process of determining the placement of microlabs under paragraph 7#a72 and 7,b7 not later than #ahj days after the date of enactment of this ,act1 implement the microlab program under this subsection4 7c7 ,reports 7#a7 ,initial report ,not later than #fj days after the date of implementation of the microlab program under subsection 7b71 the ,secretary shall submit to the ,committee on ,armed ,services of the ,senate1 the ,committee on ,armed ,services of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that provides an update on the implementation of the microlab program under subsection 7b74 7#b7 ,progress report ,not later than #a year after the date of implementation of the microlab program under subsection 7b71 the ,secretary shall submit to the ,committee on ,armed ,services of the ,senate1 the ,committee on ,armed ,services of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the microlab program under subsection 7b71 including findings and recommendations of the ,secretary4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ej1jjj1jjj for fiscal year #bjaf4 #dbje4 ,sense of the ,senate on accelerating energy innovation ,it is the sense of the ,senate that-- 7#a7 although important progress has been made in cost reduction and deployment of clean energy technologies1 accelerating clean energy innovation will help meet critical competitiveness1 energy security1 and environmental goals2 7#b7 accelerating the pace of clean energy innovation in the ,united ,states calls for-- 7,a7 supporting existing research and development programs at the ,department and the world-class ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja772 7,b7 exploring and developing new pathways for innovators1 investors1 and decision-makers to leverage the resources of the ,department for addressing the challenges and comparative strengths of geographic regions2 and 7,c7 recognizing the financial constraints of the ,department1 regularly reviewing clean energy programs to ensure that taxpayer investments are maximized2 7#c7 the energy supply1 demand1 policies1 markets1 and resource options of the ,united ,states vary by geographic region2 7#d7 a regional approach to innovation can bridge the gaps between local talent1 institutions1 and industries to identify opportunities and convert ,united ,states investment into domestic companies2 and 7#e7 ,congress1 the ,secretary1 and energy industry participants should advance efforts that promote international1 domestic1 and regional cooperation on the research and development of energy innovations that-- 7,a7 provide clean1 affordable1 and reliable energy for everyone2 7,b7 promote economic growth2 7,c7 are critical for energy security2 and 7,d7 are sustainable without government support4 #dbjf4 ,restoration of ,laboratory ,directed ,research and ,development ,program ,the ,secretary shall ensure that laboratory operating contractors do not allocate costs of general and administrative overhead to laboratory directed research and development4 #dbjg4 ,national ,science and ,technology ,council coordinating subcommittee for high-energy physics 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,national ,science and ,technology ,council shall establish a subcommittee to coordinate ,federal efforts relating to high-energy physics research 7referred to in this section as the subcommittee74 7b7 ,purposes ,the purposes of the subcommittee are-- 7#a7 to maximize the efficiency and effectiveness of ,united ,states investment in high-energy physics2 and 7#b7 to support a robust1 internationally competitive ,united ,states high-energy physics program that includes-- 7,a7 underground science and engineering research2 and 7,b7 physical infrastructure4 7c7 ,co-chairs ,the ,director of the ,national ,science ,foundation and the ,secretary shall serve as co-chairs of the subcommittee4 7d7 ,responsibilities ,the responsibilities of the subcommittee shall be-- 7#a7 to provide recommendations on planning for construction and stewardship of large facilities participating in high-energy physics2 7#b7 to provide recommendations on research coordination and collaboration among the programs and activities of ,federal agencies2 7#c7 to establish goals and priorities for high-energy physics1 underground science1 and research and development that will strengthen ,united ,states competitiveness in high-energy physics2 7#d7 to propose methods for engagement with international1 ,federal1 and ,state agencies and ,federal laboratories not represented on the subcommittee to identify and reduce regulatory1 logistical1 and fiscal barriers that inhibit ,united ,states leadership in high-energy physics and related underground science2 and 7#e7 to develop1 and update once every #e years1 a strategic plan to guide ,federal programs and activities in support of high-energy physics research4 7e7 ,annual report ,annually1 the subcommittee shall update ,congress regarding-- 7#a7 efforts taken in support of the strategic plan described in subsection 7d77#e72 7#b7 an evaluation of the needs for maintaining ,united ,states leadership in high-energy physics2 and 7#c7 identification of priorities in the area of high-energy physics4 7f7 ,sunset ,the subcommittee shall terminate on the date that is #aj years after the date of enactment of this ,act4 ,d ,grid reliability #dcja4 ,bulk-power system reliability impact statement ,section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7 is amended by adding at the end the following3 7l7 ,reliability impact statement 7#a7 ,solicitation by commission ,not later than #ae days after the date on which the head of a ,federal agency proposes a major rule 7as defined in section #hjd of title #e1 ,united ,states ,code7 that may significantly affect the reliable operation of the bulk-power system1 the ,commission shall solicit from the ,,ero1 who shall coordinate with regional entities affected by the proposed rule1 a reliability impact statement with respect to the proposed rule4 7#b7 ,requirements ,a reliability impact statement under paragraph 7#a7 shall include a detailed statement on-- 7,a7 the impact of the proposed rule on the reliable operation of the bulk-power system2 7,b7 any adverse effects on the reliable operation of the bulk-power system if the proposed rule was implemented2 and 7,c7 alternatives to cure the identified adverse reliability impacts1 including a no-action alternative4 7#c7 ,submission to commission and congress ,on completion of a reliability impact statement under paragraph 7#a71 the ,,ero shall submit to the ,commission and ,congress the reliability impact statement4 7#d7 ,transmittal to head of ,federal agency ,on receipt of a reliability impact statement submitted to the ,commission under paragraph 7#c71 the ,commission shall transmit to the head of the applicable ,federal agency the reliability impact statement prepared under this subsection for inclusion in the public record4 7#e7 ,inclusion of detailed response in final rule ,with respect to a final major rule subject to a reliability impact statement prepared under paragraph 7#a71 the head of the ,federal agency shall-- 7,a7 consider the reliability impact statement2 7,b7 give due weight to the technical expertise of the ,,ero with respect to matters that are the subject of the reliability impact statement2 and 7,c7 include in the final rule a detailed response to the reliability impact statement that reasonably addresses the detailed statements required under paragraph 7#b74 4 #dcjb4 ,report by transmission organizations on diversity of supply 7a7 ,definitions ,in this section3 7#a7 ,electric generating capacity resource 7,a7 ,in general ,the term electric generating capacity resource means an electric generating resource1 as measured by the maximum load-carrying ability of the resource1 exclusive of station use and planned1 unplanned1 or other outage or derating subject to dispatch by the transmission organization to meet the resource adequacy needs of the systems operated by the transmission organization4 7,b7 ,effect ,the term electric generating capacity resource does not address non-electric generating resources that are qualified as capacity resources in the tariffs of various transmission organizations as of the date of enactment of this ,act4 7#b7 ,transmission organization ,the term transmission organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,report 7#a7 ,notice ,not later than #ad days after the date of enactment of this ,act1 the ,commission 7as the term is defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 shall submit to each transmission organization that has a tariff on file with the ,commission that includes provisions addressing the procurement of electric generating capacity resources1 a notice that the transmission organization is required to file with the ,commission a report in accordance with paragraph 7#b74 7#b7 ,report ,not later than #ahj days after the date on which a transmission organization receives a notice under paragraph 7#a71 the transmission organization shall submit to the ,commission a report that1 to the maximum extent practicable-- 7,a7 7i7 identifies electric generating capacity resources that are available to the transmission organization as of the date of the report2 and 7ii7 describes the primary energy sources and operational characteristics of electric capacity resources available1 in the aggregate1 to the transmission organization2 7,b7 evaluates1 using generally accepted metrics1 the current operational performance1 in the aggregate1 of electric capacity resources2 7,c7 identifies1 for the aggregate of electric generating capacity resources available to the transmission organization-- 7i7 over the short- and long-term periods in the planning cycle of the transmission organization1 reasonable projections concerning the operational and economic risk profile of electric generating capacity resources2 7ii7 the projected future needs of the transmission organization for electric generating capacity resources2 and 7iii7 the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services1 including adequate voltage support2 and 7,d7 assesses whether and to what extent the market rules of the transmission organization-- 7i7 yield capacity auction clearing prices that promote necessary and prudent investment2 7ii7 yield energy market clearing prices that reflect the marginal cost of supply1 taking into account transmission constraints and other factors needed to ensure reliable grid operation2 7iii7 produce meaningful price signals that clearly indicate where new supply and investment are needed2 7iv7 reduce uncertainty or instability resulting from changes to market rules1 processes1 or protocols2 7v7 promote transparency and communication by the market operator to market participants2 7vi7 support a diverse generation portfolio and the availability of transmission facilities and transmission support services on a short- and long-term basis necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency2 and 7vii7 provide an enhanced opportunity for self-supply of electric generating capacity resources by electric cooperatives1 ,federal power marketing agencies1 and ,state utilities with a service obligation 7as those terms are defined in section #bag7;a77 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7a777 in a manner that is consistent with traditional utility business models and does not unduly affect wholesale market prices4 ,e ,management #ddja4 ,federal land management 7a7 ,definitions ,in this section3 7#a7 ,cadastre ,the term cadastre means an inventory of buildings and other real property 7including associated infrastructure such as roads and utility transmission lines and pipelines7 located on land administered by the ,secretary1 which is developed through collecting1 storing1 retrieving1 or disseminating graphical or digital data and any information related to the data1 including surveys1 maps1 charts1 images1 and services4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,cadastre of federal real property 7#a7 ,in general ,the ,secretary is authorized-- 7,a7 to develop and maintain a current and accurate multipurpose cadastre to support ,federal land management activities for the ,department of the ,interior2 7,b7 to incorporate any related inventories of ,federal real property1 including any inventories prepared under applicable land or resource management plans2 and 7,c7 to enter into discussions with other ,federal agencies to make the cadastre available for use by the agency to support agency management activities4 7#b7 ,cost-sharing agreements 7,a7 ,in general ,the ,secretary may enter into cost-sharing agreements with other ,federal agencies1 and with ,states1 ,indian tribes1 and local governments1 to include any non-,federal land in a ,state in the cadastre4 7,b7 ,cost share ,the ,federal share of any cost agreement described in subparagraph 7,a7 shall not exceed #ej percent of the total cost to a ,state1 ,indian tribe1 or local government for the development of the cadastre of non-,federal land4 7#c7 ,consolidation and report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the real property inventories or any components of any cadastre or related inventories that-- 7,a7 exist as of the date of enactment of this ,act2 7,b7 are authorized by law or conducted by the ,secretary2 and 7,c7 are of sufficient accuracy to be included in the cadastre authorized under paragraph 7#a74 7#d7 ,coordination ,in carrying out this subsection1 the ,secretary shall-- 7,a7 participate 7in accordance with section #baf of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg77 in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information2 7,b7 coordinate with1 seek assistance and cooperation of1 and provide liaison to the ,federal ,geographic ,data ,committee pursuant to ,office of ,management and ,budget ,circular ,a-#af and ,executive ,order #abijf 7#dc ,u4,s4,c4 #adeg note2 relating to coordinating geographic data acquisition and access3 the ,national ,spatial ,data ,infrastructure7 for the implementation of and compliance with such standards as may be applicable to the cadastre2 7,c7 make the cadastre interoperable with the ,federal ,real ,property ,profile established pursuant to ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 7,d7 integrate with and leverage1 to the maximum extent practicable1 cadastre activities of units of ,state and local government2 and 7,e7 use contracts with the private sector1 if practicable1 to provide such products and services as are necessary to develop the cadastre4 7c7 ,transparency and public access ,the ,secretary shall-- 7#a7 make the cadastre required under this section publically available on the ,internet in a graphically geoenabled and searchable format2 and 7#b7 in consultation with the ,secretary of ,defense and the ,secretary of ,homeland ,security1 prevent the disclosure of the identity of any buildings or facilities1 or information related to the buildings or facilities1 if the disclosure would impair or jeopardize the national security or homeland defense of the ,united ,states4 7d7 ,effect ,nothing in this section-- 7#a7 creates any substantive or procedural right or benefit2 7#b7 authorizes any new surveying or mapping of ,federal real property1 except that a ,federal agency may conduct a new survey to update the accuracy of the inventory data of the agency before storage on a cadaster2 or 7#c7 authorizes-- 7,a7 the evaluation of any real property owned by the ,united ,states for disposal2 or 7,b7 new appraisals or assessments of the value of-- 7i7 real property2 or 7ii7 cultural or archaeological resources on any parcel of ,federal land or other real property4 #ddjb4 ,quadrennial ,energy ,review 7a7 ,in general ,section #hja of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gcba7 is amended to read as follows3 #hja4 ,quadrennial ,energy ,review 7a7 ,quadrennial ,energy ,review ,task ,force 7#a7 ,establishment ,the ,president shall establish a ,quadrennial ,energy ,review ,task ,force 7referred to in this section as the ,task ,force7 to coordinate the ,quadrennial ,energy ,review4 7#b7 ,cochairpersons ,the ,president shall designate appropriate senior ,federal ,government officials to be cochairpersons of the ,task ,force4 7#c7 ,membership ,the ,task ,force may be comprised of representatives at level ,i or ,,ii of the ,executive ,schedule of-- 7,a7 the ,department of ,energy2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,defense2 7,d7 the ,department of ,state2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,agriculture2 7,g7 the ,department of the ,treasury2 7,h7 the ,department of ,transportation2 7,i7 the ,department of ,homeland ,security2 7,j7 the ,office of ,management and ,budget2 7,k7 the ,national ,science ,foundation2 7,l7 the ,environmental ,protection ,agency2 and 7,m7 such other ,federal agencies1 and entities within the ,executive ,office of the ,president1 as the ,president considers to be appropriate4 7b7 ,conduct of review 7#a7 ,in general ,each ,quadrennial ,energy ,review shall be conducted to-- 7,a7 provide an integrated view of important national energy objectives and ,federal energy policy2 and 7,b7 identify the maximum practicable alignment of research programs1 incentives1 regulations1 and partnerships4 7#b7 ,elements ,a ,quadrennial ,energy ,review shall-- 7,a7 establish integrated1 governmentwide national energy objectives in the context of economic1 environmental1 and security priorities2 7,b7 recommend coordinated actions across ,federal agencies2 7,c7 assess and recommend priorities for research1 development1 and demonstration2 7,d7 provide a strong analytical base for ,federal energy policy decisions2 7,e7 consider reasonable estimates of future ,federal budgetary resources when making recommendations2 and 7,f7 be conducted with substantial input from-- 7i7 ,congress2 7ii7 the energy industry2 7iii7 academia2 7iv7 ,state1 local1 and tribal governments2 7v7 nongovernmental organizations2 and 7vi7 the public4 7c7 ,submission of ,quadrennial ,energy ,review to ,congress 7#a7 ,in general ,the ,president-- 7,a7 shall publish and submit to ,congress a report on the ,quadrennial ,energy ,review once every #d years2 and 7,b7 more frequently than once every #d years1 as the ,president determines to be appropriate1 may prepare and publish interim reports as part of the ,quadrennial ,energy ,review4 7#b7 ,inclusions ,the reports described in paragraph 7#a7 shall address or consider1 as appropriate-- 7,a7 an integrated view of short-term1 intermediate-term1 and long-term objectives for ,federal energy policy in the context of economic1 environmental1 and security priorities2 7,b7 potential executive actions 7including programmatic1 regulatory1 and fiscal actions7 and resource requirements-- 7i7 to achieve the objectives described in subparagraph 7,a72 and 7ii7 to be coordinated across multiple agencies2 7,c7 analysis of the existing and prospective roles of parties 7including academia1 industry1 consumers1 the public1 and ,federal agencies7 in achieving the objectives described in subparagraph 7,a71 including-- 7i7 an analysis by energy use sector1 including-- 7,i7 commercial and residential buildings2 7,,ii7 the industrial sector2 7,,iii7 transportation2 and 7,,iv7 electric power2 7ii7 requirements for invention1 adoption1 development1 and diffusion of energy technologies as they relate to each of the energy use sectors2 and 7iii7 other research that informs strategies to incentivize desired actions2 7,d7 assessment of policy options to increase domestic energy supplies and energy efficiency2 7,e7 evaluation of national and regional energy storage1 transmission1 and distribution requirements1 including requirements for renewable energy2 7,f7 portfolio assessments that describe the optimal deployment of resources1 including prioritizing financial resources for energy-relevant programs2 7,g7 mapping of the linkages among basic research and applied programs1 demonstration programs1 and other innovation mechanisms across the ,federal agencies2 7,h7 identification of demonstration projects2 7,i7 identification of public and private funding needs for various energy technologies1 systems1 and infrastructure1 including consideration of public-private partnerships1 loans1 and loan guarantees2 7,j7 assessment of global competitors and an identification of programs that can be enhanced with international cooperation2 7,k7 identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies1 including consideration of-- 7i7 ,federal tax policies2 and 7ii7 the role of ,federal agencies as early adopters and purchasers of new energy technologies2 7,l7 priority listing for implementation of objectives and actions taking into account estimated ,federal budgetary resources2 7,m7 analysis of-- 7i7 points of maximum leverage for policy intervention to achieve outcomes2 and 7ii7 areas of energy policy that can be most effective in meeting national goals for the energy sector2 and 7,n7 recommendations for executive branch organization changes to facilitate the development and implementation of ,federal energy policies4 7d7 ,report development ,the ,secretary of ,energy shall provide such support for the ,quadrennial ,energy ,review with the necessary analytical1 financial1 and administrative support for the conduct of each ,quadrennial ,energy ,review required under this section as may be requested by the cochairpersons designated under subsection 7a77#b74 7e7 ,cooperation ,the heads of applicable ,federal agencies shall cooperate with the ,secretary and provide such assistance1 information1 and resources as the ,secretary may require to assist in carrying out this section4 4 7b7 ,table of contents amendment ,the item relating to section #hja in the table of contents of such ,act is amended to read as follows3 ,sec4 #hja4 ,quadrennial ,energy ,review4 4 7c7 ,administration ,nothing in this section or an amendment made by this section supersedes1 modifies1 amends1 or repeals any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this section4 #ddjc4 ,state oversight of oil and gas programs ,on request of the ,governor of a ,state1 the ,secretary of the ,interior shall establish a program under which the ,director of the ,bureau of ,land ,management shall enter into a memorandum of understanding with the ,state to consider the costs and benefits of consistent rules and processes for the measurement of oil and gas production activities1 inspection of meters or other measurement methodologies1 and other operational activities1 as determined by the ,secretary of the ,interior4 #ddjd4 ,under ,secretary for ,science and ,energy 7a7 ,in general ,section #bjb7;b7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gacb7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking for ,science and inserting for ,science and ,energy 7referred to in this subsection as the ,under ,secretary72 7#b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking for ,science2 and 7#c7 in paragraph 7#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking for ,science2 7,b7 in subparagraph 7,f71 by striking and at the end2 7,c7 in subparagraph 7,g71 by striking the period at the end and inserting a semicolon2 and 7,d7 by inserting after subparagraph 7,g7 the following3 7,h7 establish appropriate linkages between offices under the jurisdiction of the ,under ,secretary2 and 7,i7 perform such functions and duties as the ,secretary shall prescribe1 consistent with this section4 4 7b7 ,conforming amendment ,section #fda7;h77#b7 of the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7;h77#b77 is amended by striking ,under ,secretary for ,science and inserting ,under ,secretary for ,science and ,energy4 #ddje4 ,western ,area ,power ,administration pilot project 7a7 ,in general ,the ,administrator of the ,western ,area ,power ,administration 7referred to in this section as the ,administrator7 shall establish a pilot project1 as part of the continuous process improvement program and to provide increased transparency for customers1 to publish on a publicly available website of the ,western ,area ,power ,administration1 a searchable database of the following information1 beginning with fiscal year #bjjh1 relating to the ,western ,area ,power ,administration3 7#a7 ,by power system1 rates charged to customers for power and transmission service4 7#b7 ,by power system1 the amount of capacity or energy sold4 7#c7 ,by region1 a detailed accounting of the allocation of budget authority1 including-- 7,a7 overhead costs2 7,b7 the number of contractors2 and 7,c7 the number of full-time equivalents4 7#d7 ,for the corporate services office1 a detailed accounting of the allocation of budget authority1 including-- 7,a7 overhead costs2 7,b7 the number of contractors2 7,c7 the number of full-time equivalents2 and 7,d7 expenses charged to other ,federal agencies or programs for the administration of programs not related to the marketing1 transmission1 or wheeling of ,federal hydropower resources1 including-- 7i7 overhead costs2 7ii7 the number of contractors2 and 7iii7 the number of full-time equivalents4 7#e7 ,capital expenditures1 including-- 7,a7 capital investments delineated by the year in which each investment is placed into service2 and 7,b7 the sources of capital for each investment4 7b7 ,report ,not less than once each year for the duration of the pilot project under this section1 the ,administrator shall submit to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives a report that-- 7#a7 describes the annual estimated avoided costs and the savings as a result of the pilot project under this section2 and 7#b7 includes a certification from the ,administrator that-- 7,a7 the rates for each power system do not recover costs and expenses recovered by other power systems2 and 7,b7 each expense allocated by the corporate services office to an individual power system is only recovered once4 7c7 ,termination ,the pilot project under this section shall terminate on the date that is #aj years after the date of enactment of this ,act4 #ddjf4 ,research grants database 7a7 ,in general ,the ,secretary shall establish and maintain a public database1 accessible on the website of the ,department1 that contains a searchable listing of every unclassified research and development project contract1 grant1 cooperative agreement1 task order for federally funded research and development centers1 or other transaction administered by the ,department4 7b7 ,classified projects ,each year1 the ,secretary shall submit to the relevant committees of ,congress a report that lists every classified project of the ,department1 including all relevant details of the projects4 7c7 ,requirements ,each listing described in subsections 7a7 and 7b7 shall include1 at a minimum1 for each listed project1 the component carrying out the project1 the project name1 an abstract or summary of the project1 funding levels1 project duration1 contractor or grantee name1 and expected objectives and milestones4 7d7 ,relevant literature and patents ,to the maximum extent practicable1 the ,secretary shall provide information through the public database established under subsection 7a7 on relevant literature and patents that are associated with each research and development project contract1 grant1 or cooperative agreement1 or other transaction1 of the ,department4 #ddjg4 ,review of economic impact of ,,bsee rule on small entities 7a7 ,definitions ,in this section-- 7#a7 the term ,,bsee means the ,bureau of ,safety and ,environmental ,enforcement2 7#b7 the term ,chief ,counsel means the ,chief ,counsel for ,advocacy of the ,small ,business ,administration2 7#c7 the term covered proposed rule means the proposed rule of the ,,bsee entitled ,oil and ,gas and ,sulphur ,operations in the ,outer ,continental ,shelf--,blowout ,preventer ,systems and ,well ,control 7#hj ,fed4 ,reg4 #baejd 7,april #ag1 #bjae772 and 7#d7 the term small entity has the meaning given the term in section #fja of title #e1 ,united ,states ,code4 7b7 ,requirement ,to conduct review 7#a7 ,in general ,if the ,,bsee issues a final rule for the covered proposed rule1 then not later than #a year after the effective date of the final rule the ,,bsee1 in consultation with the ,chief ,counsel1 shall complete a review of the final rule under section #faj of title #e1 ,united ,states ,code4 7#b7 ,assessment of economic impact ,in conducting the review required under paragraph 7#a71 the ,,bsee1 in consultation with the ,chief ,counsel1 shall assess the economic impact of the final rule on small entities in the oil and gas supply chain4 7#c7 ,report ,not later than #ahj days after the date on which the review is completed under this subsection1 the ,,bsee1 in consultation with the ,chief ,counsel1 shall submit to ,congress a report on the findings of the review4 #ddjh4 ,energy emergency response efforts of the ,department 7a7 ,congressional declaration of purpose ,section #ajb of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaab7 is amended by adding at the end the following3 7#bj7 ,to facilitate the development and implementation of a strategy for responding to energy infrastructure and supply emergencies through-- 7,a7 continuously monitoring and publishing information on the energy delivery and supply infrastructure of the ,united ,states1 including electricity1 liquid fuels1 natural gas1 and coal2 7,b7 managing ,federal strategic energy reserves2 7,c7 advising national leadership during emergencies on ways to respond to and minimize energy disruptions2 and 7,d7 working with ,federal agencies and ,state and local governments-- 7i7 to enhance energy emergency preparedness2 and 7ii7 to respond to and mitigate energy emergencies4 4 7b7 ,under ,secretary for ,science and ,energy ,section #bjb7;b77#d7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gacb7;b77#d77 7as amended by section #ddjd7;a77#c77 is amended1 in subparagraph 7,b71 by inserting and applied energy before programs of the4 7c7 ,responsibilities of assistant secretaries ,section #bjc7;a7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gacc7;a77 is amended by adding at the end the following3 7#ab7 ,emergency response functions1 including assistance in the prevention of1 or in the response to1 an emergency disruption of energy supply1 transmission1 and distribution4 4 #ddji4 ,,gao report on ,bureau of ,safety and ,environmental ,enforcement statutory and regulatory authority for the procurement of helicopter fuel ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that defines the statutory and regulatory authority of the ,bureau of ,safety and ,environmental ,enforcement with respect to legally procuring privately owned helicopter fuel1 without agreement1 from lessees1 permit holders1 operators of federally leased offshore facilities1 or independent third parties not under contract with the ,bureau of ,safety and ,environmental ,enforcement or an agent of the ,bureau of ,safety and ,environmental ,enforcement4 #ddaj4 ,conveyance of federal land within the ,swan ,lake hydroelectric project boundary ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of the ,interior1 after consultation with the ,secretary of ,agriculture1 shall-- 7#a7 survey the exterior boundaries of the tract of ,federal land within the project boundary of the ,swan ,lake ,hydroelectric ,project 7,,ferc ,no4 #biaa7 as generally depicted and labeled ,lost ,creek on the map entitled ,swan ,lake ,project ,boundary--,lot #b and dated ,february #a1 #bjaf2 and 7#b7 issue a patent to the ,state of ,alaska for the tract described in paragraph 7#a7 in accordance with-- 7,a7 the survey authorized under paragraph 7#a72 7,b7 section #f7;a7 of the ,act of ,july #g1 #aieh 7commonly known as the ,alaska ,statehood ,act7 7#dh ,u4,s4,c4 note prec4 #ba2 ,public ,law #he-ejh72 and 7,c7 section #bd of the ,federal ,power ,act 7#af ,u4,s4,c4 #hah74 #ddaa4 ,study of waivers of certain cost-sharing requirements ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 complete a study on the ability of1 and any actions before the date of enactment of this ,act by1 the ,secretary to waive the cost-sharing requirement under section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb72 and 7#b7 based on the results of the study under paragraph 7#a71 make recommendations to ,congress for the issuance of1 and factors that should be considered with respect to1 waivers of the cost-sharing requirement by the ,secretary4 #ddab4 ,national park centennial 7a7 ,national ,park ,centennial ,challenge ,fund 7#a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #ejja7;a771 is amended by adding at the end the following3 #ajdiji4 ,national ,park ,centennial ,challenge ,fund 7a7 ,purpose ,the purpose of this section is to establish a fund in the ,treasury-- 7#a7 to finance signature projects and programs to enhance the ,national ,park ,system as the centennial of the ,national ,park ,system approaches in #bjaf2 and 7#b7 to prepare the ,system for another century of conservation1 preservation1 and enjoyment4 7b7 ,definitions ,in this section3 7#a7 ,challenge fund ,the term ,challenge ,fund means the ,national ,park ,centennial ,challenge ,fund established by subsection 7c77#a74 7#b7 ,qualified donation ,the term qualified donation means a cash donation or the pledge of a cash donation guaranteed by an irrevocable letter of credit to the ,service that the ,secretary certifies is to be used for a signature project or program4 7#c7 ,signature project or program ,the term signature project or program means any project or program identified by the ,secretary as a project or program that would further the purposes of the ,system or any ,system unit4 7c7 ,national park centennial challenge fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,national ,park ,centennial ,challenge ,fund4 7#b7 ,deposits ,the ,challenge ,fund shall consist of-- 7,a7 qualified donations that are transferred from the ,service donation account1 in accordance with subsection 7e77#a72 and 7,b7 not more than #ag1ejj1jjj1 to be appropriated from the general fund of the ,treasury1 in accordance with subsection 7e77#b74 7#c7 ,availability ,amounts in the ,challenge ,fund shall-- 7,a7 be available to the ,secretary for signature projects and programs under this title1 without further appropriation2 and 7,b7 remain available until expended4 7d7 ,signature projects and programs 7#a7 ,development of list ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall develop a list of signature projects and programs eligible for funding from the ,challenge ,fund4 7#b7 ,submission to congress ,the ,secretary shall submit to the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives the list developed under paragraph 7#a74 7#c7 ,updates ,subject to the notice requirements under paragraph 7#b71 the ,secretary may add any signature project or program to the list developed under paragraph 7#a74 7e7 ,donations and matching federal funds 7#a7 ,qualified donations ,the ,secretary may transfer any qualified donations to the ,challenge ,fund4 7#b7 ,matching amount ,there is authorized to be appropriated to the ,challenge ,fund for each fiscal year through fiscal year #bjbj an amount equal to the amount of qualified donations received for the fiscal year4 7#c7 ,solicitation ,nothing in this section expands any authority of the ,secretary1 the ,service1 or any employee of the ,service to receive or solicit donations4 7f7 ,report to congress ,the ,secretary shall provide with the submission of the budget of the ,president to ,congress for each fiscal year a report on the status and funding of the signature projects and programs4 4 7#b7 ,clerical amendment ,the table of sections affected for title #ed1 ,united ,states ,code 7as amended by section #ejja7;b771 is amended by inserting after the item relating to section #ajdijh the following3 #ajdiji4 ,national ,park ,centennial ,challenge ,fund4 4 7b7 ,second ,century ,endowment for the ,national ,park ,system 7#a7 ,in general ,subchapter ,,ii of chapter #ajaa of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #ajaaba4 ,second ,century ,endowment for the ,national ,park ,system 7a7 ,in general ,the ,national ,park ,foundation shall establish an endowment1 to be known as the ,second ,century ,endowment for the ,national ,park ,system 7referred to in this section as the ,endowment74 7b7 ,campaign ,to further the mission of the ,service1 the ,national ,park ,foundation may undertake a campaign to fund the ,endowment through gifts1 devises1 or bequests1 in accordance with section #ajaaac4 7c7 ,use of proceeds 7#a7 ,in general ,on request of the ,secretary1 the ,national ,park ,foundation shall expend proceeds from the ,endowment in accordance with projects and programs in furtherance of the mission of the ,service1 as identified by the ,secretary4 7#b7 ,management ,the ,national ,park ,foundation shall manage the ,endowment in a manner that ensures that annual expenditures as a percentage of the principal are consistent with ,internal ,revenue ,service guidelines for endowments maintained for charitable purposes4 7d7 ,investments ,the ,national ,park ,foundation shall-- 7#a7 maintain the ,endowment in an interest-bearing account2 and 7#b7 invest ,endowment proceeds with the purpose of supporting and enriching the ,system in perpetuity4 7e7 ,report ,each year1 the ,national ,park ,foundation shall make publicly available information on the amounts deposited into1 and expended from1 the ,endowment4 4 7#b7 ,clerical amendment ,the table of sections affected for title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajaabj the following3 #ajaaba4 ,second ,century ,endowment for the ,national ,park ,system4 4 7c7 ,national ,park ,service intellectual property protection 7#a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by subsection 7a77#a771 is amended by adding at the end the following3 #ajdiaj4 ,intellectual property 7a7 ,definitions ,in this section3 7#a7 ,service emblem 7,a7 ,in general ,the term ,service emblem means any word1 phrase1 insignia1 logo1 logotype1 trademark1 service mark1 symbol1 design1 graphic1 image1 color1 badge1 uniform1 or any combination of emblems used to identify the ,service or a component of the ,system4 7,b7 ,inclusions ,the term ,service emblem includes-- 7i7 the ,service name2 7ii7 an official ,system unit name2 7iii7 any other name used to identify a ,service component or program2 and 7iv7 the ,arrowhead symbol4 7#b7 ,service uniform ,the term ,service uniform means any combination of apparel1 accessories1 or emblems1 any distinctive clothing or other items of dress1 or a representation of dress-- 7,a7 that is worn during the performance of official duties2 and 7,b7 that identifies the wearer as a ,service employee4 7b7 ,prohibited acts ,no person shall1 without the written permission of the ,secretary-- 7#a7 use any ,service emblem or uniform1 or any word1 term1 name1 symbol or device or any combination of emblems to suggest any colorable likeness of the ,service emblem or ,service uniform in connection with goods or services in commerce if the use is likely to cause confusion1 or to deceive the public into believing that the emblem or uniform is from or connected with the ,service2 7#b7 use any ,service emblem or ,service uniform or any word1 term1 name1 symbol1 device1 or any combination of emblems or uniforms to suggest any likeness of the ,service emblem or ,service uniform in connection with goods or services in commerce in a manner reasonably calculated to convey the impression to the public that the goods or services are approved1 endorsed1 or authorized by the ,service2 7#c7 use in commerce any word1 term1 name1 symbol1 device or any combination of words1 terms1 names1 symbols1 or devices to suggest any likeness of the ,service emblem or ,service uniform in a manner that is reasonably calculated to convey the impression that the wearer of the item of apparel is acting pursuant to the legal authority of the ,service2 or 7#d7 knowingly make any false statement for the purpose of obtaining permission to use any ,service emblem or ,service uniform4 4 7#b7 ,clerical amendment ,the table of sections affected for title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdijh 7as added by subsection 7a77#b77 the following3 #ajdiaj4 ,intellectual property4 4 7d7 ,national ,park ,service education and interpretation 7#a7 ,in general ,division ,a of subtitle ,i of title #ed1 ,united ,states ,code1 is amended by inserting after chapter #ajjg the following3 #ajjh ,education and interpretation ,,chapter #ajjh--;,education and interpretation ,sec4 #ajjhja4 ,definitions4 #ajjhjb4 ,interpretation and education authority4 #ajjhjc4 ,interpretation and education evaluation and quality improvement4 #ajjhjd4 ,improved utilization of partners and volunteers in interpretation and education4 #ajjhja4 ,definitions ,in this chapter3 7#a7 ,education ,the term education means enhancing public awareness1 understanding1 and appreciation of the resources of the ,system through learner-centered1 place-based materials1 programs1 and activities that achieve specific learning objectives as identified in a curriculum4 7#b7 ,interpretation ,the term interpretation means-- 7,a7 providing opportunities for people to form intellectual and emotional connections to gain awareness1 appreciation1 and understanding of the resources of the ,system2 and 7,b7 the professional career field of ,service employees1 volunteers1 and partners who interpret the resources of the ,system4 7#c7 ,related area ,the term related area means-- 7,a7 a component of the ,national ,trails ,system2 7,b7 a ,national ,heritage ,area2 and 7,c7 an affiliated area administered in connection with the ,system4 #ajjhjb4 ,interpretation and education authority ,the ,secretary shall ensure that management of ,system units and related areas is enhanced by the availability and utilization of a broad program of the highest quality interpretation and education4 #ajjhjc4 ,interpretation and education evaluation and quality improvement ,the ,secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that the programs-- 7#a7 adjust to the ways in which people learn and engage with the natural world and shared heritage as embodied in the ,system2 7#b7 reflect different cultural backgrounds1 ages1 education1 gender1 abilities1 ethnicity1 and needs2 7#c7 demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology2 and 7#d7 reflect current scientific and academic research1 content1 methods1 and audience analysis4 #ajjhjd4 ,improved utilization of partners and volunteers in interpretation and education ,the ,secretary may-- 7#a7 coordinate with ,system unit partners and volunteers in the delivery of quality programs and services to supplement the programs and services provided by the ,service as part of a ,long-,range ,interpretive ,plan for a ,system unit2 7#b7 support interpretive partners by providing opportunities to participate in interpretive training2 and 7#c7 collaborate with other ,federal and non-,federal public or private agencies1 organizations1 or institutions for the purposes of developing1 promoting1 and making available educational opportunities related to resources of the ,system and programs4 4 7#b7 ,clerical amendment ,the table of chapters for division ,a of subtitle ,i of title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ajjg the following3 #ajjh4 ,education and ,interpretation#ajjhja 4 7e7 ,public land corps amendments 7#a7 ,definitions ,section #bjc7aj77;,a7 of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb7aj77;,a77 is amended by striking #be and inserting #cj4 7#b7 ,participants ,section #bjd7;b7 of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbc7;b77 is amended in the first sentence by striking #be and inserting #cj4 7#c7 ,hiring ,section #bjg7;c77#b7 of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c41 #agbf7;c77#b77 is amended by striking #abj days and inserting #b years4 7f7 ,national ,park ,foundation ,subchapter ,,ii of chapter #ajaa of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in section #ajaaab-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,membership ,the ,national ,park ,foundation shall consist of a ,board having as members at least #f private citizens of the ,united ,states appointed by the ,secretary1 with the ,secretary and the ,director serving as ex officio members of the ,board4 2 and 7,b7 by striking subsection 7c7 and inserting the following3 7c7 ,chairman 7#a7 ,selection ,the ,board shall select a ,chairman of the ,board from among the members of the ,board4 7#b7 ,term ,the ,chairman of the ,board shall serve for a #b-year term4 2 and 7#b7 in section #ajaaac7;a7-- #ddac4 ,program to reduce the potential impacts of solar energy facilities on certain species ,in carrying out a program of the ,department relating to solar energy or the conduct of solar energy projects using funds provided by the ,department1 the ,secretary shall establish a program to undertake research that-- 7#a7 identifies baseline avian populations and mortality2 and 7#b7 quantifies the impacts of solar energy projects on birds1 as compared to other threats to birds4 #ddad4 ,wild horses in and around the currituck national wildlife refuge 7a7 ,genetic diversity ,the ,secretary of the ,interior 7referred to in this section as the ,secretary71 in consultation with the ,north ,carolina ,department of ,environment and ,natural ,resources1 ,currituck ,county1 ,north ,carolina1 and the ,corolla ,wild ,horse ,fund1 shall allow for the introduction of a small number of free-roaming wild horses from the ,cape ,lookout ,national ,seashore as necessary to ensure the genetic diversity and viability of the wild horse population currently found in and around the ,currituck ,national ,wildlife ,refuge1 consistent with-- 7#a7 the laws 7including regulations7 applicable to the ,currituck ,national ,wildlife ,refuge and the ,cape ,lookout ,national ,seashore2 and 7#b7 the ,december #bjad ,wild ,horse ,management ,agreement approved by the ,united ,states ,fish and ,wildlife ,service1 the ,north ,carolina ,department of ,environment and ,natural ,resources1 ,currituck ,county1 ,north ,carolina1 and the ,corolla ,wild ,horse ,fund4 7b7 ,agreement 7#a7 ,in general ,the ,secretary may enter into an agreement with the ,corolla ,wild ,horse ,fund to provide for the cost-effective management of the horses in and around the ,currituck ,national ,wildlife ,refuge while ensuring that natural resources within the ,currituck ,national ,wildlife ,refuge are not adversely impacted4 7#b7 ,requirements ,the agreement entered into under paragraph 7#a7 shall specify that the ,corolla ,wild ,horse ,fund shall pay the costs associated with-- 7,a7 coordinating and conducting a periodic census1 and inspecting the health1 of the horses2 7,b7 maintaining records of the horses living in the wild and in confinement2 7,c7 coordinating and conducting the removal and placement of horses and monitoring of any horses removed from the ,currituck ,county ,outer ,banks2 and 7,d7 administering a viable population control plan for the horses1 including auctions1 adoptions1 contraceptive fertility methods1 and other viable options4 ,f ,markets #deja4 ,enhanced information on critical energy supplies 7a7 ,in general ,section #bje of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7 is amended by adding at the end the following3 7n7 ,collection of information on critical energy supplies 7#a7 ,in general ,to ensure transparency of information relating to energy infrastructure and product ownership in the ,united ,states and improve the ability to evaluate the energy security of the ,united ,states1 the ,administrator1 in consultation with other ,federal agencies 7as necessary71 shall-- 7,a7 not later than #abj days after the date of enactment of this subsection1 develop and provide notice of a plan to collect1 in cooperation with the ,commodity ,futures ,trade ,commission1 information identifying all oil inventories1 and other physical oil assets 7including all petroleum-based products and the storage of such products in off-shore tankers71 that are owned by the #ej largest traders of oil contracts 7including derivative contracts71 as determined by the ,commodity ,futures ,trade ,commission2 and 7,b7 not later than #ij days after the date on which notice is provided under subparagraph 7,a71 implement the plan described in that subparagraph4 7#b7 ,information ,the plan required under paragraph 7#a7 shall include a description of the plan of the ,administrator for collecting company-specific data1 including-- 7,a7 volumes of product under ownership2 and 7,b7 storage and transportation capacity 7including owned and leased capacity74 7#c7 ,protection of proprietary information ,section #ab7;f7 of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga7;f77 shall apply to information collected under this subsection4 7o7 ,collection of information on storage capacity for oil and natural gas 7#a7 ,in general ,not later than #ij days after the date of enactment of this subsection1 the ,administrator of the ,energy ,information ,administration shall collect information quantifying the commercial storage capacity for oil and natural gas in the ,united ,states4 7#b7 ,updates ,the ,administrator shall update annually the information required under paragraph 7#a74 7#c7 ,protection of proprietary information ,section #ab7;f7 of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga7;f77 shall apply to information collected under this subsection4 7p7 ,financial market analysis office 7#a7 ,establishment ,there shall be within the ,energy ,information ,administration a ,financial ,market ,analysis ,office4 7#b7 ,duties ,the ,office shall-- 7,a7 be responsible for analysis of the financial aspects of energy markets2 7,b7 review the reports required by section #dejc7;c7 of the ,energy ,policy ,modernization ,act of #bjaf in advance of the submission of the reports to ,congress2 and 7,c7 not later than #a year after the date of enactment of this subsection-- 7i7 make recommendations to the ,administrator of the ,energy ,information ,administration that identify and quantify any additional resources that are required to improve the ability of the ,energy ,information ,administration to more fully integrate financial market information into the analyses and forecasts of the ,energy ,information ,administration1 including the role of energy futures contracts1 energy commodity swaps1 and derivatives in price formation for oil2 7ii7 conduct a review of implications of policy changes 7including changes in export or import policies7 and changes in how crude oil and refined petroleum products are transported with respect to price formation of crude oil and refined petroleum products2 and 7iii7 notify the ,committee on ,energy and ,natural ,resources1 and the ,committee on ,appropriations1 of the ,senate and the ,committee on ,energy and ,commerce1 and the ,committee on ,appropriations1 of the ,house of ,representatives of the recommendations described in clause 7i74 7#c7 ,analyses ,the ,administrator of the ,energy ,information ,administration shall take analyses by the ,office into account in conducting analyses and forecasting of energy prices4 4 7b7 ,conforming amendment ,section #fde of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbee7 is amended by inserting 7#ae ,u4,s4,c4 #ccja et seq47 and the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq47 after ,natural ,gas ,policy ,act of #aigh4 #dejb4 ,working ,group on ,energy ,markets 7a7 ,establishment ,there is established a ,working ,group on ,energy ,markets 7referred to in this section as the ,working ,group74 7b7 ,composition ,the ,working ,group shall be composed of-- 7#a7 the ,secretary2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,chairman of the ,federal ,energy ,regulatory ,commission2 7#d7 the ,chairman of ,federal ,trade ,commission2 7#e7 the ,chairman of the ,securities and ,exchange ,commission2 7#f7 the ,chairman of the ,commodity ,futures ,trading ,commission2 and 7#g7 the ,administrator of the ,energy ,information ,administration4 7c7 ,chairperson ,the ,secretary shall serve as the ,chairperson of the ,working ,group4 7d7 ,compensation ,a member of the ,working ,group shall serve without additional compensation for the work of the member of the ,working ,group4 7e7 ,purpose and function ,the ,working ,group shall-- 7#a7 investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the ,united ,states2 7#b7 recommend to the ,president and ,congress laws 7including regulations7 that may be needed to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices on consumers and the economy of the ,united ,states2 and 7#c7 review energy security implications of developments in international energy markets4 7f7 ,administration ,the ,secretary shall provide the ,working ,group with such administrative and support services as may be necessary for the performance of the functions of the ,working ,group4 7g7 ,cooperation of other agencies ,the heads of ,executive departments1 agencies1 and independent instrumentalities shall1 to the extent permitted by law1 provide the ,working ,group with such information as the ,working ,group requires to carry out this section4 7h7 ,consultation ,the ,working ,group shall consult1 as appropriate1 with representatives of the various exchanges1 clearinghouses1 self-regulatory bodies1 other major market participants1 consumers1 and the general public4 #dejc4 ,study of regulatory framework for energy markets 7a7 ,study ,the ,working ,group shall conduct a study-- 7#a7 to identify the factors that affect the pricing of crude oil and refined petroleum products1 including an examination of the effects of market speculation on prices2 and 7#b7 to review and assess-- 7,a7 existing statutory authorities relating to the oversight and regulation of markets critical to the energy security of the ,united ,states2 and 7,b7 the need for additional statutory authority for the ,federal ,government to effectively oversee and regulate markets critical to the energy security of the ,united ,states4 7b7 ,elements of study ,the study shall include-- 7#a7 an examination of price formation of crude oil and refined petroleum products2 7#b7 an examination of relevant international regulatory regimes2 and 7#c7 an examination of the degree to which changes in energy market transparency1 liquidity1 and structure have influenced or driven abuse1 manipulation1 excessive speculation1 or inefficient price formation4 7c7 ,report and recommendations ,the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives quarterly progress reports during the conduct of the study under this section1 and a final report not later than #a year after the date of enactment of this ,act1 that-- 7#a7 describes the results of the study2 and 7#b7 provides options and the recommendations of the ,working ,group for appropriate ,federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and the elimination of excessive speculation1 including recommendations on data collection and analysis to be carried out by the ,financial ,market ,analysis ,office established by section #bje7p7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7p774 ,g ,affordability #dfja4 ,e-prize competition pilot program ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 is amended by adding at the end the following3 7g7 ,e-prize competition pilot program 7#a7 ,definitions ,in this section3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 a private sector for-profit or nonprofit entity2 7ii7 a public-private partnership2 or 7iii7 a local1 municipal1 or tribal governmental entity4 7,b7 ,high-cost region ,the term high-cost region means a region in which the average annual unsubsidized costs of electrical power retail rates or household space heating costs per square foot exceed #aej percent of the national average1 as determined by the ,secretary4 7#b7 ,e-prize competition pilot program 7,a7 ,in general ,the ,secretary shall establish an e-prize competition or challenge pilot program to broadly implement sustainable community and regional energy solutions that seek to reduce energy costs through increased efficiency1 conservation1 and technology innovation in high-cost regions4 7,b7 ,selection ,in carrying out the pilot program under subparagraph 7,a71 the ,secretary shall award a prize purse1 in amounts to be determined by the ,secretary1 to each eligible entity selected through #a or more of the following competitions or challenges3 7i7 ,a point solution competition that rewards and spurs the development of solutions for a particular1 well-defined problem4 7ii7 ,an exposition competition that helps identify and promote a broad range of ideas and practices that may not otherwise attract attention1 facilitating further development of the idea or practice by third parties4 7iii7 ,a participation competition that creates value during and after the competition by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition4 7iv7 ,such other types of prizes or challenges as the ,secretary1 in consultation with relevant heads of ,federal agencies1 considers appropriate to stimulate innovation that has the potential to advance the mission of the applicable ,federal agency4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj1 to remain available until expended4 4 #dfjb4 ,carbon dioxide capture technology prize ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 7as amended by section #dfja7 is amended by adding at the end the following3 7h7 ,carbon dioxide capture technology prize 7#a7 ,definitions ,in this subsection3 7,a7 ,board ,the term ,board means the ,carbon ,dioxide ,capture ,technology ,advisory ,board established by paragraph 7#f74 7,b7 ,dilute ,the term dilute means a concentration of less than #a percent by volume4 7,c7 ,intellectual property ,the term intellectual property means-- 7i7 an invention that is patentable under title #ce1 ,united ,states ,code2 and 7ii7 any patent on an invention described in clause 7i74 7,d7 ,secretary ,the term ,secretary means the ,secretary of ,energy or designee1 in consultation with the ,board4 7#b7 ,authority ,not later than #a year after the date of enactment of this subsection1 as part of the program carried out under this section1 the ,secretary shall establish and award competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute4 7#c7 ,duties ,in carrying out this subsection1 the ,secretary shall-- 7,a7 subject to paragraph 7#d71 develop specific requirements for-- 7i7 the competition process2 7ii7 minimum performance standards for qualifying projects2 and 7iii7 monitoring and verification procedures for approved projects2 7,b7 establish minimum levels for the capture of carbon dioxide from a dilute medium that are required to be achieved to qualify for a financial award described in subparagraph 7,c72 7,c7 offer financial awards for-- 7i7 a design for a promising capture technology2 7ii7 a successful bench-scale demonstration of a capture technology2 7iii7 a design for a technology described in clause 7i7 that will-- 7,i7 be operated on a demonstration scale2 and 7,,ii7 achieve significant reduction in the level of carbon dioxide2 and 7iv7 an operational capture technology on a commercial scale that meets the minimum levels described in subparagraph 7,b72 and 7,d7 submit to ,congress-- 7i7 an annual report that describes the progress made by the ,board and recipients of financial awards under this subsection in achieving the demonstration goals established under subparagraph 7,c72 and 7ii7 not later than #a year after the date of enactment of this subsection1 a report on the adequacy of authorized funding levels in this subsection4 7#d7 ,public participation ,in carrying out paragraph 7#c77;,a71 the ,board shall-- 7,a7 provide notice of and1 for a period of at least #fj days1 an opportunity for public comment on1 any draft or proposed version of the requirements described in paragraph 7#c77;,a72 and 7,b7 take into account public comments received in developing the final version of those requirements4 7#e7 ,peer review ,no financial awards may be provided under this subsection until the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as are established by the ,secretary4 7#f7 ,carbon ,dioxide ,capture ,technology ,advisory ,board 7,a7 ,establishment ,there is established an advisory board to be known as the ,carbon ,dioxide ,capture ,technology ,advisory ,board4 7,b7 ,composition ,the ,board shall be composed of #i members appointed by the ,president1 who shall provide expertise in-- 7i7 climate science2 7ii7 physics2 7iii7 chemistry2 7iv7 biology2 7v7 engineering2 7vi7 economics2 7vii7 business management2 and 7viii7 such other disciplines as the ,secretary determines to be necessary to achieve the purposes of this subsection4 7,c7 ,term2 vacancies 7i7 ,term ,a member of the ,board shall serve for a term of #f years4 7ii7 ,vacancies ,a vacancy on the ,board-- 7,i7 shall not affect the powers of the ,board2 and 7,,ii7 shall be filled in the same manner as the original appointment was made4 7,d7 ,initial meeting ,not later than #cj days after the date on which all members of the ,board have been appointed1 the ,board shall hold the initial meeting of the ,board4 7,e7 ,meetings ,the ,board shall meet at the call of the ,chairperson4 7,f7 ,quorum ,a majority of the members of the ,board shall constitute a quorum1 but a lesser number of members may hold hearings4 7,g7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the members of the ,board4 7,h7 ,compensation ,each member of the ,board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level ,v of the ,executive ,schedule for each day during which the member is engaged in the actual performance of the duties of the ,board4 7,i7 ,duties ,the ,board shall advise the ,secretary on carrying out the duties of the ,secretary under this subsection4 7#g7 ,intellectual property 7,a7 ,in general ,as a condition of receiving a financial award under this subsection1 an applicant shall agree to vest the intellectual property of the applicant derived from the technology in #a or more entities that are incorporated in the ,united ,states4 7,b7 ,reservation of license ,the ,united ,states-- 7i7 may reserve a nonexclusive1 nontransferable1 irrevocable1 paid-up license1 to have practiced for or on behalf of the ,united ,states1 in connection with any intellectual property described in subparagraph 7,a72 but 7ii7 shall not1 in the exercise of a license reserved under clause 7i71 publicly disclose proprietary information relating to the license4 7,c7 ,transfer of title ,title to any intellectual property described in subparagraph 7,a7 shall not be transferred or passed1 except to an entity that is incorporated in the ,united ,states1 until the expiration of the first patent obtained in connection with the intellectual property4 7#h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection #ej1jjj1jjj1 to remain available until expended4 7#i7 ,termination of authority ,the ,board and all authority provided under this subsection shall terminate on ,december #ca1 #bjbf4 4 ,h ,code maintenance #dgja4 ,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 #dgjb4 ,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 #dgjc4 ,repeal of authorization of appropriations provision 7a7 ,repeal ,section #bjh of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjh7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act 7,public ,law #id-che2 #ij ,stat4 #aabf7 is amended by striking the item relating to section #bjh4 #dgjd4 ,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 #dgje4 ,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 #dgjf4 ,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 #dgjg4 ,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 #dgjh4 ,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 #dgji4 ,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 #dgaj4 ,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 #dgaa4 ,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 #hbgi et seq47 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 #dgab4 ,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 #dgac4 ,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 #dgad4 ,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 #dgae4 ,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 #dgaf4 ,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 #dgag4 ,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 #dgah4 ,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 and 7,b7 by striking subsection 7a74 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 #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 #dgai4 ,energy ,security ,act repeals 7a7 ,biomass energy development plans ,subtitle ,a of title ,,ii of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhaa et seq47 is repealed4 7b7 ,municipal waste biomass energy ,subtitle ,b of title ,,ii of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhca et seq47 is repealed4 7c7 ,use of gasohol in ,federal motor vehicles ,section #bga of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhga7 is repealed4 7d7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,security ,act 7,public ,law #if-bid2 #id ,stat4 #faa7 is amended-- 7,a7 by striking the items relating to subtitle ,a and ,b of title ,,ii2 7,b7 by striking the item relating to section #bjd and inserting the following3 ,sec4 #bjd4 ,funding4 2 and 7,c7 by striking the item relating to section #bga4 7#b7 ,section #bjc of the ,biomass ,energy and ,alcohol ,fuels ,act of #aihj 7#db ,u4,s4,c4 #hhjb7 is amended-- 7,a7 by striking paragraph 7#af72 and 7,b7 by redesignating paragraphs 7#ag7 through 7#ai7 as paragraphs 7#af7 through 7#ah71 respectively4 7#c7 ,section #bjd of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhjc7 is amended-- 7,a7 in the section heading1 by striking for subtitles ,a and ,b2 and 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a71 by adding and after the semicolon at the end2 7ii7 in paragraph 7#b71 by striking 2 and at the end and inserting a period2 and 7iii7 by striking paragraph 7#c74 #dgbj4 ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj repeals ,sections #e and #f of the ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj 7#db ,u4,s4,c4 #igjd1 #igje7 are repealed4 #dgba4 ,elimination and consolidation of certain ,america ,,competes programs 7a7 ,elimination of program authorities 7#a7 ,nuclear science talent expansion program for institutions of higher education ,section #ejjd of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecb7 is repealed4 7#b7 ,hydrocarbon ,systems ,science ,talent ,expansion ,program for ,institutions of ,higher ,education 7,a7 ,in general ,section #ejje7;e7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecc7;e77 is repealed4 7,b7 ,conforming amendments ,section #ejje7;f7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecc7;f77 is amended-- 7i7 by striking paragraph 7#b72 7ii7 by striking the subsection designation and heading and all that follows through ,there are in paragraph 7#a7 and inserting the following3 7e7 ,authorization of appropriations ,there are 2 and 7iii7 by redesignating subparagraphs 7,a7 through 7,f7 as paragraphs 7#a7 through 7#f71 respectively1 and indenting appropriately4 7#c7 ,discovery ,science and ,engineering ,innovation ,institutes ,section #ejjh of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afece7 is repealed4 7#d7 ,elimination of duplicative authority for education programs ,sections #caha and #cahe of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gchal1 #db ,u4,s4,c4 #gchan7 are repealed4 7#e7 ,mentoring program ,section #caie of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gchar7 is repealed4 7b7 ,repeal of authorizations 7#a7 ,department of ,energy ,early ,career ,awards for science1 engineering1 and mathematics researchers ,section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 is amended by striking subsection 7h74 7#b7 ,distinguished ,scientist ,program ,section #ejaa of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecg7 is amended by striking subsection 7j74 7#c7 ,protecting ,america's ,competitive ,edge 7,,pace7 ,graduate ,fellowship ,program ,section #ejji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecf7 is amended by striking subsection 7f74 7c7 ,consolidation of duplicative program authorities 7#a7 ,university nuclear science and engineering support ,section #ied of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7 is amended-- 7,a7 in subsection 7a71 by inserting nuclear chemistry1 after nuclear engineering12 and 7,b7 in subsection 7b7-- 7i7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7ii7 by inserting after paragraph 7#b7 the following3 7#c7 award grants1 not to exceed #e years in duration1 to institutions of higher education with existing academic degree programs in nuclear sciences and related fields-- 7,a7 to increase the number of graduates in nuclear science and related fields2 7,b7 to enhance the teaching and research of advanced nuclear technologies2 7,c7 to undertake collaboration with industry and ,national ,laboratories2 and 7,d7 to bolster or sustain nuclear infrastructure and research facilities of institutions of higher education1 such as research and training reactors and laboratories2 4 7#b7 ,consolidation of ,department of ,energy early career awards for science1 engineering1 and mathematics researchers program and distinguished scientist program 7,a7 ,funding ,section #iga7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaa7;c77 is amended by adding at the end the following3 7#h7 ,for the ,department of ,energy early career awards for science1 engineering1 and mathematics researchers program under section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 and the distinguished scientist program under section #ejaa of that ,act 7#db ,u4,s4,c4 #afecg71 #aej1jjj1jjj for each of fiscal years #bjaf through #bjbj1 of which not more than #fe percent of the amount made available for a fiscal year under this paragraph may be used to carry out section #ejjf or #ejaa of that ,act4 4 7,b7 ,department of ,energy early career awards for science1 engineering1 and mathematics researchers ,section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 is amended-- 7i7 in subsection 7b77#a7-- 7,i7 in the matter preceding subparagraph 7,a7-- 7aa7 by inserting average before amount2 and 7bb7 by inserting for each year before shall2 7,,ii7 in subparagraph 7,a71 by striking #hj1jjj and inserting #aij1jjj2 and 7,,iii7 in subparagraph 7,b71 by striking #abe1jjj and inserting #dij1jjj2 7ii7 in subsection 7c77#a77;,c7-- 7,i7 in clause 7i7-- 7aa7 by striking assistant professor or equivalent title and inserting untenured assistant or associate professor2 and 7bb7 by inserting or after the semicolon at the end2 7,,ii7 by striking clause 7ii72 and 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 7iii7 in subsection 7d71 by striking on a competitive1 merit-reviewed basis and inserting through a competitive process using merit-based peer review42 7iv7 in subsection 7e7-- 7,i7 by striking 7e7 and all that follows through ,to be eligible and inserting the following3 7e7 ,selection process and criteria ,to be eligible 2 and 7,,ii7 by striking paragraph 7#b72 and 7v7 in subsection 7f77#a71 by striking nonprofit1 nondegree-granting research organizations and inserting ,national ,laboratories4 7#c7 ,science education programs ,section #cafd of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gcha;a7 is amended-- 7,a7 in subsection 7b7-- 7i7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,the ,director of the ,office of ,science 7referred to in this subsection as the ,director7 shall provide for appropriate coordination of science1 technology1 engineering1 and mathematics education programs across all functions of the ,department4 7#b7 ,administration ,in carrying out paragraph 7#a71 the ,director shall-- 7,a7 consult with-- 7i7 the ,assistant ,secretary of ,energy with responsibility for energy efficiency and renewable energy programs2 and 7ii7 the ,deputy ,administrator for ,defense ,programs of the ,national ,nuclear ,security ,administration2 and 7,b7 seek to increase the participation and advancement of women and underrepresented minorities at every level of science1 technology1 engineering1 and mathematics education4 2 and 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,d71 by striking and at the end2 7,,ii7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,,iii7 by inserting after subparagraph 7,d7 the following3 7,e7 represent the ,department as the principal interagency liaison for all coordination activities under the ,president for science1 technology1 engineering1 and mathematics education programs2 and 2 and 7,b7 in subsection 7d7-- 7i7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7ii7 by adding at the end the following3 7#b7 ,report ,not later than #ahj days after the date of enactment of this subparagraph1 the ,director shall submit a report describing the impact of the activities assisted with the ,fund established under paragraph 7#a7 to-- 7,a7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate4 4 7#d7 ,protecting ,america's ,competitive ,edge 7,,pace7 ,graduate ,fellowship ,program ,section #ejji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecf7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#a7 by striking 1 involving and all that follows through ,secretary2 and 7ii7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 to demonstrate excellent academic performance and understanding of scientific or technical subjects2 and 2 7,b7 in subsection 7d77#a77;,b77i71 by inserting full or partial before graduate tuition2 and 7,c7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking ,director of ,science1 ,engineering1 and ,mathematics ,education and inserting ,director of the ,office of ,science44 7d7 ,conforming amendments ,the table of contents for the ,america ,,competes ,,act 7,public ,law #aaj-fi2 #aba ,stat4 #egc7 is amended by striking the items relating to sections #ejjd and #ejjh4 #dgbb4 ,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 #aabf7 is amended by striking the item relating to section #bjg4 #dgbc4 ,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 #dgbd4 ,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 amendment ,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 #efi4 #dgbe4 ,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 #dgbf4 ,repeal of authorization of appropriations 7a7 ,repeal ,subtitle ,f of title ,,vii of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdfa7 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 subtitle ,f of title ,,vii4 #dgbg4 ,repeal of ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7a7 ,repeal ,the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi 7#db ,u4,s4,c4 #abjja et seq47 is repealed4 7b7 ,conforming amendments 7#a7 ,section #f7;b77#c7 of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eije7;b77#c77 is amended-- 7,a7 in subparagraph 7,q71 by adding and after the semicolon2 7,b7 by striking subparagraph 7,r72 and 7,c7 by redesignating subparagraph 7,s7 as subparagraph 7,r74 7#b7 ,section #abjd of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #accac7 is amended-- 7,a7 in subsection 7b71 in the matter preceding paragraph 7#a71 in the first sentence1 by striking 1 in consultation with and all that follows through under section #f of the ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi12 and 7,b7 in subsection 7c71 by striking 1 in consultation with the ,advisory ,committee14 #dgbh4 ,repeal of hydrogen research1 development1 and demonstration program ,the ,spark ,m4 ,matsunaga ,hydrogen ,research1 ,development1 and ,demonstration ,act of #aiij 7#db ,u4,s4,c4 #abdja et seq47 is repealed4 #dgbi4 ,repeal of study on alternative fuel use in nonroad vehicles and engines 7a7 ,in general ,section #dab of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbch7 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 #dab4 #dgcj4 ,repeal of low interest loan program for small business fleet purchases 7a7 ,in general ,section #dad of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbci7 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 #dad4 #dgca4 ,repeal of technical and policy analysis for replacement fuel demand and supply information 7a7 ,in general ,section #ejf of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbef7 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 #ejf4 7#b7 ,section #ejg7m7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbeg7m77 is amended by striking and section #ejf4 #dgcb4 ,repeal of #aiib ,report on ,climate ,change 7a7 ,in general ,section #afja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #accha7 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 #afja4 7#b7 ,section #afjb7;a7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acchb7;a77 is amended1 in the matter preceding paragraph 7#a71 in the third sentence1 by striking the report required under section #afja and4 #dgcc4 ,repeal of ,director of ,climate ,protector establishment 7a7 ,in general ,section #afjc of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acchc7 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 #afjc4 #dgcd4 ,repeal of #aiid report on global climate change emissions 7a7 ,in general ,section #afjd of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acchd7 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 #afjd4 #dgce4 ,repeal of telecommuting study 7a7 ,in general ,section #bjbh of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acdch7 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 #bjbh4 #dgcf4 ,repeal of advanced buildings for #bjje program 7a7 ,in general ,section #bajd of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acded7 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 #bajd4 7#b7 ,section #baja7;a7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acdea7;a77 is amended1 in the third sentence1 by striking #bajd14 #dgcg4 ,repeal of ,energy ,research1 ,development1 ,demonstration1 and ,commercial ,application ,advisory ,board 7a7 ,in general ,section #bcjb of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acebb7 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 #bcjb4 7#b7 ,section #f of the ,federal ,nonnuclear ,energy ,research and ,development ,act of #aigd 7#db ,u4,s4,c4 #eije7 is amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 in the first sentence1 by striking 1 in consultation with the ,advisory ,board established under section #bcjb of the ,energy ,policy ,act of #aiib12 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a71 in the first sentence1 by striking 1 in consultation with the ,advisory ,board established under section #bcjb of the ,energy ,policy ,act of #aiib12 and 7ii7 in paragraph 7#b71 in the second sentence1 by striking 1 in consultation with the ,advisory ,board established under section #bcjb of the ,energy ,policy ,act of #aiib12 and 7,c7 in subsection 7c71 in the first sentence1 by striking 1 in consultation with the ,advisory ,board established under section #bcjb of the ,energy ,policy ,act of #aiib14 7#c7 ,section #bjaa7;c7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acdaa7;c77 is amended1 in the second sentence1 by striking 1 and with the ,advisory ,board established under section #bcjb4 7#d7 ,section #bcjd of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acebc71 is amended-- 7,a7 in subsection 7a71 by striking 1 in consultation with the ,advisory ,board established under section #bcjb12 and 7,b7 in subsection 7c71 in the matter preceding paragraph 7#a71 in the first sentence1 by striking 1 with the advice of the ,advisory ,board established under section #bcjb of this ,act14 #dgch4 ,repeal of study on use of energy futures for fuel purchase 7a7 ,in general ,section #cjad of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #aceeb7 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 #cjad4 #dgci4 ,repeal of energy subsidy study 7a7 ,in general ,section #cjae of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #aceec7 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 #cjae4 #dgdj4 ,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 ,native ,hawaiian1 a ,pacific ,islander1 ,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 in the third sentence by striking ,negroes1 ,spanish-speaking1 ,orientals1 ,indians1 ,eskimos1 and ,aleuts and inserting ,asian ,american1 ,native ,hawaiian1 ,pacific ,islanders1 ,african-,american1 ,hispanic1 ,native ,american1 or ,alaska ,natives4 ,v ,conservation reauthorization #ejja4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #ajdijh4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund 7a7 ,in general ,there is established in the ,treasury a fund1 to be known as the ,national ,park ,service ,critical ,maintenance and ,revitalization ,conservation ,fund 7referred to in this section as the ,fund74 7b7 ,deposits to fund ,notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the ,treasury1 for each fiscal year1 there shall be deposited in the ,fund1 from revenues due and payable to the ,united ,states under section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 #aej1jjj1jjj4 7c7 ,use and availability 7#a7 ,in general ,amounts deposited in the ,fund shall-- 7,a7 be used only for the purposes described in subsection 7d72 and 7,b7 be available for expenditure only after the amounts are appropriated for those purposes4 7#b7 ,availability ,any amounts in the ,fund not appropriated shall remain available in the ,fund until appropriated4 7#c7 ,no limitation ,appropriations from the ,fund pursuant to this section may be made without fiscal year limitation4 7d7 ,national park system critical deferred maintenance ,the ,secretary shall use amounts appropriated from the ,fund for high-priority deferred maintenance needs of the ,service that support critical infrastructure and visitor services4 7e7 ,land acquisition prohibition ,amounts in the ,fund shall not be used for land acquisition4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajdi of title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdijg the following3 #ajdijh4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund4 4 #ejjb4 ,land and ,water ,conservation ,fund 7a7 ,reauthorization ,section #bjjcjb of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,during the period ending ,september #cj1 #bjah1 there and inserting ,there2 and 7#b7 in subsection 7c77#a71 by striking through ,september #cj1 #bjah4 7b7 ,allocation of funds ,section #bjjcjd of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by striking ,there and inserting 7a7 ,in ,general4--,there2 and 7#b7 by striking the second sentence and inserting the following3 7b7 ,allocation ,of the appropriations from the ,fund-- 7#a7 not less than #dj percent shall be used collectively for ,federal purposes under section #bjjcjf2 7#b7 not less than #dj percent shall be used collectively-- 7,a7 to provide financial assistance to ,states under section #bjjcje2 7,b7 for the ,forest ,legacy ,program established under section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c72 7,c7 for cooperative endangered species grants authorized under section #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece72 and 7,d7 for the ,american ,battlefield ,protection ,program established under chapter #cjha2 and 7#c7 not less than #a4e percent or #aj1jjj1jjj1 whichever is greater1 shall be used for projects that secure recreational public access to ,federal public land for hunting1 fishing1 or other recreational purposes4 4 7c7 ,conservation easements ,section #bjjcjf of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,conservation easements ,the ,secretary and the ,secretary of ,agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and feasible4 4 7d7 ,acquisition considerations ,section #bjjcjf of title #ed1 ,united ,states ,code 7as amended by subsection 7c771 is amended by adding at the end the following3 7d7 ,acquisition ,considerations ,the ,secretary and the ,secretary of ,agriculture shall take into account the following in determining the land or interests in land to acquire3 7#a7 ,management efficiencies4 7#b7 ,management cost savings4 7#c7 ,geographic distribution4 7#d7 ,significance of the acquisition4 7#e7 ,urgency of the acquisition4 7#f7 ,threats to the integrity of the land to be acquired4 7#g7 ,the recreational value of the land4 4 #ejjc4 ,historic ,preservation ,fund ,section #cjcajb of title #ed1 ,united ,states ,code1 is amended by striking of fiscal years #bjab to #bjae and inserting fiscal year4 #ejjd4 ,conservation incentives landowner education program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall establish a conservation incentives landowner education program 7referred to in this section as the program74 7b7 ,purpose of program ,the program shall provide information on ,federal conservation programs available to landowners interested in undertaking conservation actions on the land of the landowners1 including options under each conservation program available to achieve the conservation goals of the program1 such as-- 7#a7 fee title land acquisition2 7#b7 donation2 and 7#c7 perpetual and term conservation easements or agreements4 7c7 ,availability ,the ,secretary of the ,interior shall ensure that the information provided under the program is made available to-- 7#a7 interested landowners2 and 7#b7 the public4 7d7 ,notification ,in any case in which the ,secretary of the ,interior contacts a landowner directly about participation in a ,federal conservation program1 the ,secretary shall1 in writing-- 7#a7 notify the landowner of the program2 and 7#b7 make available information on the conservation program options that may be available to the landowner4 ,,vi ,indian tribal energy development and self-determination #fjja4 ,short title ,this title may be cited as the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf4 ,a ,indian tribal energy development and self-determination act amendments #fjaa4 ,indian tribal energy resource development 7a7 ,in general ,section #bfjb7;a7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking and after the semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 consult with each applicable ,indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that ,indian tribe or the members of that ,indian tribe4 2 and 7#b7 by adding at the end the following3 7#d7 ,planning 7,a7 ,in general ,in carrying out the program established by paragraph 7#a71 the ,secretary shall provide technical assistance to interested ,indian tribes to develop energy plans1 including-- 7i7 plans for electrification2 7ii7 plans for oil and gas permitting1 renewable energy permitting1 energy efficiency1 electricity generation1 transmission planning1 water planning1 and other planning relating to energy issues2 7iii7 plans for the development of energy resources and to ensure the protection of natural1 historic1 and cultural resources2 and 7iv7 any other plans that would assist an ,indian tribe in the development or use of energy resources4 7,b7 ,cooperation ,in establishing the program under paragraph 7#a71 the ,secretary shall work in cooperation with the ,office of ,indian ,energy ,policy and ,programs of the ,department of ,energy4 4 7b7 ,department of ,energy ,indian energy education planning and management assistance program ,section #bfjb7;b77#b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 intertribal organization1 after ,indian tribe2 7#b7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 activities to increase the capacity of ,indian tribes to manage energy development and energy efficiency programs2 4 7c7 ,department of ,energy loan guarantee program ,section #bfjb7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting or a tribal energy development organization after ,indian tribe2 7#b7 in paragraph 7#c7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking guarantee and inserting guaranteed2 7,b7 in subparagraph 7,a71 by striking or2 7,c7 in subparagraph 7,b71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,c7 a tribal energy development organization1 from funds of the tribal energy development organization4 2 and 7#c7 in paragraph 7#e71 by striking ,the ,secretary of ,energy may and inserting ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf1 the ,secretary of ,energy shall4 #fjab4 ,indian tribal energy resource regulation ,section #bfjc7;c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejc7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking on the request of an ,indian tribe1 the ,indian tribe and inserting on the request of an ,indian tribe or a tribal energy development organization1 the ,indian tribe or tribal energy development organization2 and 7#b7 in paragraph 7#b77;,b71 by inserting or tribal energy development organization after ,indian tribe4 #fjac4 ,tribal energy resource agreements 7a7 ,amendment ,section #bfjd of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking or after the semicolon at the end2 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7i7 and inserting the following3 7i7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 or 2 and 7,,ii7 in clause 7ii7-- 7aa7 by inserting 1 at least a portion of which have been after energy resources2 7bb7 by inserting or produced from after developed on2 and 7cc7 by striking and after the semicolon at the end and inserting or2 and 7iii7 by adding at the end the following3 7,c7 pooling1 unitization1 or communitization of the energy mineral resources of the ,indian tribe located on tribal land with any other energy mineral resource 7including energy mineral resources owned by the ,indian tribe or an individual ,indian in fee1 trust1 or restricted status or by any other persons or entities7 if the owner1 or1 if appropriate1 lessee1 of the resources has consented or consents to the pooling1 unitization1 or communitization of the other resources under any lease or agreement2 and 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 a lease or business agreement described in paragraph 7#a7 shall not require review by1 or the approval of1 the ,secretary under section #bajc of the ,revised ,statutes 7#be ,u4,s4,c4 #ha71 or any other provision of law 7including regulations71 if the lease or business agreement-- 7,a7 was executed-- 7i7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7ii7 by the ,indian tribe and a tribal energy development organization for which the ,indian tribe has obtained a certification pursuant to subsection 7h72 and 7,b7 has a term that does not exceed-- 7i7 #cj years2 or 7ii7 in the case of a lease for the production of oil resources1 gas resources1 or both1 #aj years and as long thereafter as oil or gas is produced in paying quantities4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,rights-of-,way ,an ,indian tribe may grant a right-of-way over tribal land without review or approval by the ,secretary if the right-of-way-- 7#a7 serves-- 7,a7 an electric production1 generation1 transmission1 or distribution facility 7including a facility that produces electricity from renewable energy resources7 located on tribal land2 7,b7 a facility located on tribal land that extracts1 produces1 processes1 or refines energy resources2 or 7,c7 the purposes1 or facilitates in carrying out the purposes1 of any lease or agreement entered into for energy resource development on tribal land2 7#b7 was executed-- 7,a7 in accordance with the requirements of a tribal energy resource agreement in effect under subsection 7e7 7including the periodic review and evaluation of the activities of the ,indian tribe under the agreement1 to be conducted pursuant to subparagraphs 7,d7 and 7,e7 of subsection 7e77#b772 or 7,b7 by the ,indian tribe and a tribal energy development organization for which the ,indian tribe has obtained a certification pursuant to subsection 7h72 and 7#c7 has a term that does not exceed #cj years4 2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,validity ,no lease or business agreement entered into1 or right-of-way granted1 pursuant to this section shall be valid unless the lease1 business agreement1 or right-of-way is authorized by subsection 7a7 or 7b74 2 7#d7 in subsection 7e7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,authorization ,on or after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf1 a qualified ,indian tribe may submit to the ,secretary a tribal energy resource agreement governing leases1 business agreements1 and rights-of-way under this section4 7,b7 ,notice of complete proposed agreement ,not later than #fj days after the date on which the tribal energy resource agreement is submitted under subparagraph 7,a71 the ,secretary shall-- 7i7 notify the ,indian tribe as to whether the agreement is complete or incomplete2 7ii7 if the agreement is incomplete1 notify the ,indian tribe of what information or documentation is needed to complete the submission2 and 7iii7 identify and notify the ,indian tribe of the financial assistance1 if any1 to be provided by the ,secretary to the ,indian tribe to assist in the implementation of the tribal energy resource agreement1 including the environmental review of individual projects4 7,c7 ,effect ,nothing in this paragraph precludes the ,secretary from providing any financial assistance at any time to the ,indian tribe to assist in the implementation of the tribal energy resource agreement4 2 7,b7 in paragraph 7#b7-- 7i7 by striking 7#b77;,a7 and all that follows through the end of subparagraph 7,a7 and inserting the following3 7#b7 ,procedure 7,a7 ,effective date 7i7 ,in general ,on the date that is #bga days after the date on which the ,secretary receives a tribal energy resource agreement from a qualified ,indian tribe under paragraph 7#a71 the tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the tribal energy resource agreement under subparagraph 7,b74 7ii7 ,revised tribal energy resource agreement ,on the date that is #ia days after the date on which the ,secretary receives a revised tribal energy resource agreement from a qualified ,indian tribe under paragraph 7#d77;,b71 the revised tribal energy resource agreement shall take effect1 unless the ,secretary disapproves the revised tribal energy resource agreement under subparagraph 7,b74 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 and all that follows through clause 7ii7 and inserting the following3 7,b7 ,disapproval ,the ,secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph 7#a7 or 7#d77;,b7 only if-- 7i7 a provision of the tribal energy resource agreement violates applicable ,federal law 7including regulations7 or a treaty applicable to the ,indian tribe2 7ii7 the tribal energy resource agreement does not include #a or more provisions required under subparagraph 7,d72 or 2 and 7,,ii7 in clause 7iii7-- 7aa7 in the matter preceding subclause 7,i71 by striking includes and all that follows through section-- and inserting does not include provisions that1 with respect to any lease1 business agreement1 or right-of-way to which the tribal energy resource agreement applies--2 7bb7 by striking subclauses 7,i71 7,,ii71 7,v71 7,,viii71 and 7,,xv72 7cc7 by redesignating clauses 7,,iii71 7,,iv71 7,,vi71 7,,vii71 7,,ix7 through 7,,xiv71 and 7,,xvi7 as clauses 7,i71 7,,ii71 7,,iii71 7,,iv71 7,v7 through 7,x71 and 7,,xi71 respectively2 7dd7 in item 7bb7 of subclause 7,,xi7 7as redesignated by item 7cc77-- 7,,aa7 by striking or tribal2 and 7,,bb7 by striking the period at the end and inserting a semicolon2 and 7ee7 by adding at the end the following3 7,,xii7 include a certification by the ,indian tribe that the ,indian tribe has-- 7aa7 carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application without material audit exception 7or without any material audit exceptions that were not corrected within the #c-year period7 relating to the management of tribal land or natural resources2 or 7bb7 substantial experience in the administration1 review1 or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration1 management1 or development of energy resources located on the tribal land of the ,indian tribe2 and 7,,xiii7 at the option of the ,indian tribe1 identify which functions1 if any1 authorizing any operational or development activities pursuant to a lease1 right-of-way1 or business agreement approved by the ,indian tribe1 that the ,indian tribe intends to conduct4 2 7iii7 in subparagraph 7,c7-- 7,i7 by striking clauses 7i7 and 7ii72 7,,ii7 by redesignating clauses 7iii7 through 7v7 as clauses 7ii7 through 7iv71 respectively2 and 7,,iii7 by inserting before clause 7ii7 7as redesignated by subclause 7,,ii77 the following3 7i7 a process for ensuring that-- 7,i7 the public is informed of1 and has reasonable opportunity to comment on1 any significant environmental impacts of the proposed action2 and 7,,ii7 the ,indian tribe provides responses to relevant and substantive public comments on any impacts described in subclause 7,i7 before the ,indian tribe approves the lease1 business agreement1 or right-of-way4 2 7iv7 in subparagraph 7,d77ii71 by striking subparagraph 7,b77iii77,,xvi7 and inserting subparagraph 7,b77iv77,,xi72 and 7v7 by adding at the end the following3 7,f7 ,effective period ,a tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable ,federal law 7including regulations71 unless the tribal energy resource agreement is-- 7i7 rescinded by the ,secretary pursuant to paragraph 7#g77;,d77iii77,,ii72 or 7ii7 voluntarily rescinded by the ,indian tribe pursuant to the regulations promulgated under paragraph 7#h77;,b7 7or successor regulations74 2 7,c7 in paragraph 7#d71 by striking date of disapproval and all that follows through the end of subparagraph 7,c7 and inserting the following3 date of disapproval1 provide the ,indian tribe with-- 7,a7 a detailed1 written explanation of-- 7i7 each reason for the disapproval2 and 7ii7 the revisions or changes to the tribal energy resource agreement necessary to address each reason2 and 7,b7 an opportunity to revise and resubmit the tribal energy resource agreement4 2 7,d7 in paragraph 7#f7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking 7,b7 ,subject to and inserting the following3 7,b7 ,subject only to 2 and 7,,ii7 by striking subparagraph 7,d7 and inserting subparagraphs 7,c7 and 7,d72 7ii7 in subparagraph 7,c71 in the matter preceding clause 7i71 by inserting to perform the obligations of the ,secretary under this section and before to ensure2 and 7iii7 in subparagraph 7,d71 by adding at the end the following3 7iii7 ,nothing in this section absolves1 limits1 or otherwise affects the liability1 if any1 of the ,united ,states for any-- 7,i7 term of any lease1 business agreement1 or right-of-way under this section that is not a negotiated term2 or 7,,ii7 losses that are not the result of a negotiated term1 including losses resulting from the failure of the ,secretary to perform an obligation of the ,secretary under this section4 2 7,e7 in paragraph 7#g7-- 7i7 in subparagraph 7,a71 by striking has demonstrated and inserting the ,secretary determines has demonstrated with substantial evidence2 7ii7 in subparagraph 7,b71 by striking any tribal remedy and inserting all remedies 7if any7 provided under the laws of the ,indian tribe2 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7i71 by striking determine and all that follows through the end of the clause and inserting the following3 determine-- 7,i7 whether the petitioner is an interested party2 and 7,,ii7 if the petitioner is an interested party1 whether the ,indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition4 2 7,,ii7 in clause 7ii71 by striking determination and inserting determinations2 and 7,,iii7 in clause 7iii71 in the matter preceding subclause 7,i7 by striking agreement the first place it appears and all that follows through 1 including and inserting agreement pursuant to clause 7i71 the ,secretary shall only take such action as the ,secretary determines necessary to address the claims of noncompliance made in the petition1 including2 7iv7 in subparagraph 7,e77i71 by striking the manner in which and inserting 1 with respect to each claim made in the petition1 how2 and 7v7 by adding at the end the following3 7,g7 ,notwithstanding any other provision of this paragraph1 the ,secretary shall dismiss any petition from an interested party that has agreed with the ,indian tribe to a resolution of the claims presented in the petition of that party4 2 7,f7 in paragraph 7#h7-- 7i7 by striking subparagraph 7,a72 7ii7 by redesignating subparagraphs 7,b7 through 7,d7 as subparagraphs 7,a7 through 7,c71 respectively2 and 7iii7 in subparagraph 7,a7 7as redesignated by clause 7ii77-- 7,i7 in clause 7i71 by striking and at the end2 7,,ii7 in clause 7ii71 by adding and after the semicolon2 and 7,,iii7 by adding at the end the following3 7iii7 amend an approved tribal energy resource agreement to assume authority for approving leases1 business agreements1 or rights-of-way for development of another energy resource that is not included in an approved tribal energy resource agreement without being required to apply for a new tribal energy resource agreement2 and 7,g7 by adding at the end the following3 7#i7 ,effect ,nothing in this section authorizes the ,secretary to deny a tribal energy resource agreement or any amendment to a tribal energy resource agreement1 or to limit the effect or implementation of this section1 due to lack of promulgated regulations4 2 7#e7 by redesignating subsection 7g7 as subsection 7j72 and 7#f7 by inserting after subsection 7f7 the following3 7g7 ,financial assistance in lieu of activities by the ,secretary 7#a7 ,in general ,any amounts that the ,secretary would otherwise expend to operate or carry out any program1 function1 service1 or activity 7or any portion of a program1 function1 service1 or activity7 of the ,department that1 as a result of an ,indian tribe carrying out activities under a tribal energy resource agreement1 the ,secretary does not expend1 the ,secretary shall1 at the request of the ,indian tribe1 make available to the ,indian tribe in accordance with this subsection4 7#b7 ,annual funding agreements ,the ,secretary shall make the amounts described in paragraph 7#a7 available to an ,indian tribe through an annual written funding agreement that is negotiated and entered into with the ,indian tribe that is separate from the tribal energy resource agreement4 7#c7 ,effect of appropriations ,notwithstanding paragraph 7#a7-- 7,a7 the provision of amounts to an ,indian tribe under this subsection is subject to the availability of appropriations2 and 7,b7 the ,secretary shall not be required to reduce amounts for programs1 functions1 services1 or activities that serve any other ,indian tribe to make amounts available to an ,indian tribe under this subsection4 7#d7 ,determination 7,a7 ,in general ,the ,secretary shall calculate the amounts under paragraph 7#a7 in accordance with the regulations adopted under section #fjac7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf4 7,b7 ,applicability ,the effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by-- 7i7 a delay in the promulgation of regulations under section #fjac7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf2 7ii7 the period of time needed by the ,secretary to make the calculation required under paragraph 7#a72 or 7iii7 the adoption of a funding agreement under paragraph 7#b74 7h7 ,certification of tribal energy development organization 7#a7 ,in general ,not later than #ij days after the date on which an ,indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section #fjac7;b7 of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf1 the ,secretary shall approve or disapprove the application4 7#b7 ,requirements ,the ,secretary shall approve an application for certification if-- 7,a7 7i7 the ,indian tribe has carried out a contract or compact under title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7ii7 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application1 the contract or compact-- 7,i7 has been carried out by the ,indian tribe without material audit exceptions 7or without any material audit exceptions that were not corrected within the #c-year period72 and 7,,ii7 has included programs or activities relating to the management of tribal land2 and 7,b7 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe2 7ii7 7,i7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes7 the tribal land of which is being developed2 and 7,,ii7 the organizing document of the tribal energy development organization requires that the ,indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization2 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes7 the tribal land of which is being developed own and control at all times a majority of the interest in the tribal energy development organization2 and 7iv7 the organizing document of the tribal energy development organization includes a statement that the organization shall be subject to the jurisdiction1 laws1 and authority of the ,indian tribe4 7#c7 ,action by ,secretary ,if the ,secretary approves an application for certification pursuant to paragraph 7#b71 the ,secretary shall1 not more than #aj days after making the determination-- 7,a7 issue a certification stating that-- 7i7 the tribal energy development organization is organized under the laws of the ,indian tribe and subject to the jurisdiction1 laws1 and authority of the ,indian tribe2 7ii7 the majority of the interest in the tribal energy development organization is owned and controlled by the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes7 the tribal land of which is being developed2 7iii7 the organizing document of the tribal energy development organization requires that the ,indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization2 7iv7 the organizing document of the tribal energy development organization requires that the ,indian tribe 7or the ,indian tribe and #a or more other ,indian tribes the tribal land of which is being developed7 own and control at all times a majority of the interest in the tribal energy development organization2 and 7v7 the certification is issued pursuant this subsection2 7,b7 deliver a copy of the certification to the ,indian tribe2 and 7,c7 publish the certification in the ,federal ,register4 7i7 ,sovereign immunity ,nothing in this section waives the sovereign immunity of an ,indian tribe4 4 7b7 ,regulations ,not later than #a year after the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf1 the ,secretary shall promulgate or update any regulations that are necessary to implement this section1 including provisions to implement-- 7#a7 section #bfjd7;e77#h7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;e77#h771 including the process to be followed by an ,indian tribe amending an existing tribal energy resource agreement to assume authority for approving leases1 business agreements1 or rights-of-way for development of an energy resource that is not included in the tribal energy resource agreement2 7#b7 section #bfjd7;g7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;g77 including the manner in which the ,secretary1 at the request of an ,indian tribe1 shall-- 7,a7 identify the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 that the ,secretary will not have to operate or carry out as a result of the ,indian tribe carrying out activities under a tribal energy resource agreement2 7,b7 identify the amounts that the ,secretary would have otherwise expended to operate or carry out each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,a72 and 7,c7 provide to the ,indian tribe a list of the programs1 functions1 services1 and activities 7or any portions of programs1 functions1 services1 or activities7 identified pursuant subparagraph 7,a7 and the amounts associated with each program1 function1 service1 and activity 7or any portion of a program1 function1 service1 or activity7 identified pursuant to subparagraph 7,b72 and 7#c7 section #bfjd7;h7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;h771 including the process to be followed by1 and any applicable criteria and documentation required for1 an ,indian tribe to request and obtain the certification described in that section4 #fjad4 ,technical assistance for ,indian tribal governments ,section #bfjb7;b7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,technical and scientific resources ,in addition to providing grants to ,indian tribes under this subsection1 the ,secretary shall collaborate with the ,directors of the ,national ,laboratories in making the full array of technical and scientific resources of the ,department of ,energy available for tribal energy activities and projects4 4 #fjae4 ,conforming amendments 7a7 ,definition of tribal energy development organization ,section #bfja of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #ceja7 is amended-- 7#a7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#aj7 through 7#ac71 respectively2 7#b7 by inserting after paragraph 7#h7 the following3 7#i7 ,the term qualified ,indian tribe means an ,indian tribe that has-- 7,a7 carried out a contract or compact under title ,i or ,,iv of the ,indian ,self ,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 for a period of not less than #c consecutive years ending on the date on which the ,indian tribe submits the application without material audit exception 7or without any material audit exceptions that were not corrected within the #c-year period7 relating to the management of tribal land or natural resources2 or 7,b7 substantial experience in the administration1 review1 or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration1 management1 or development of energy resources located on the tribal land of the ,indian tribe4 2 and 7#c7 by striking paragraph 7#ab7 7as redesignated by paragraph 7#a77 and inserting the following3 7#ab7 ,the term tribal energy development organization means-- 7,a7 any enterprise1 partnership1 consortium1 corporation1 or other type of business organization that is engaged in the development of energy resources and is wholly owned by an ,indian tribe 7including an organization incorporated pursuant to section #ag of the ,indian ,reorganization ,act of #aicd 7#be ,u4,s4,c4 #dgg7 or section #c of the ,act of ,june #bf1 #aicf 7#be ,u4,s4,c4 #ejc7 7commonly known as the ,oklahoma ,indian ,welfare ,act772 and 7,b7 any organization of #b or more entities1 at least #a of which is an ,indian tribe1 that has the written consent of the governing bodies of all ,indian tribes participating in the organization to apply for a grant1 loan1 or other assistance under section #bfjb or to enter into a lease or business agreement with1 or acquire a right-of-way from1 an ,indian tribe pursuant to subsection 7a77#b77;,a77ii7 or 7b77#b77;,b7 of section #bfjd4 4 7b7 ,indian tribal energy resource development ,section #bfjb of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking tribal energy resource development organizations and inserting tribal energy development organizations2 and 7,b7 in paragraph 7#b71 by striking tribal energy resource development organizations each place it appears and inserting tribal energy development organizations2 and 7#b7 in subsection 7b77#b71 by striking tribal energy resource development organization and inserting tribal energy development organization4 7c7 ,wind and hydropower feasibility study ,section #bfjf7;c77#c7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejf7;c77#c77 is amended by striking energy resource development and inserting energy development4 7d7 ,conforming amendments ,section #bfjd7;e7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejd7;e77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,the ,secretary and inserting the following3 7#c7 ,notice and comment2 ,secretarial review ,the ,secretary 2 and 7,b7 by striking for approval2 7#b7 in paragraph 7#d71 by striking 7#d7 ,if the ,secretary and inserting the following3 7#d7 ,action in case of disapproval ,if the ,secretary 2 7#c7 in paragraph 7#e7-- 7,a7 by striking 7#e7 ,if an ,indian tribe and inserting the following3 7#e7 ,provision of documents to ,secretary ,if an ,indian tribe 2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking approved and inserting in effect2 7#d7 in paragraph 7#f7-- 7,a7 by striking 7#f77;,a7 ,in carrying out and inserting the following3 7#f7 ,secretarial obligations and effect of section 7,a7 ,in carrying out 2 7,b7 in subparagraph 7,a71 by indenting clauses 7i7 and 7ii7 appropriately2 7,c7 in subparagraph 7,b71 by striking approved and inserting in effect2 and 7,d7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking an approved tribal energy resource agreement and inserting a tribal energy resource agreement in effect under this section2 and 7ii7 in clause 7ii71 by striking approved by the ,secretary and inserting in effect2 and 7#e7 in paragraph 7#g7-- 7,a7 by striking 7#g77;,a7 ,in this paragraph and inserting the following3 7#g7 ,petitions by interested parties 7,a7 ,in this paragraph 2 7,b7 in subparagraph 7,a71 by striking approved by the ,secretary and inserting in effect2 7,c7 in subparagraph 7,b71 by striking approved by the ,secretary and inserting in effect2 and 7,d7 in subparagraph 7,d77iii7-- 7i7 in subclause 7,i71 by striking approved2 and 7ii7 in subclause 7,,ii7-- 7,i7 by striking approval of in the first place it appears2 and 7,,ii7 by striking subsection 7a7 or 7b7 and inserting subsection 7a77#b77;,a77i7 or 7b77#b77;,a74 #fjaf4 ,report 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to the ,committee on ,indian ,affairs of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that details with respect to activities for energy development on ,indian land1 how the ,department of the ,interior-- 7#a7 processes and completes the reviews of energy-related documents in a timely and transparent manner2 7#b7 monitors the timeliness of agency review for all energy-related documents2 7#c7 maintains databases to track and monitor the review and approval process for energy-related documents associated with conventional and renewable ,indian energy resources that require ,secretarial approval prior to development1 including-- 7,a7 any seismic exploration permits2 7,b7 permission to survey2 7,c7 archeological and cultural surveys2 7,d7 access permits2 7,e7 environmental assessments2 7,f7 oil and gas leases2 7,g7 surface leases2 7,h7 rights-of-way agreements2 and 7,i7 communitization agreements2 7#d7 identifies in the databases-- 7,a7 the date lease applications and permits are received by the agency2 7,b7 the status of the review2 7,c7 the date the application or permit is considered complete and ready for review2 7,d7 the date of approval2 and 7,e7 the start and end dates for any significant delays in the review process2 7#e7 tracks in the databases1 for all energy-related leases1 agreements1 applications1 and permits that involve multiple agency review-- 7,a7 the dates documents are transferred between agencies2 7,b7 the status of the review2 7,c7 the date the required reviews are completed2 and 7,d7 the date interim or final decisions are issued4 7b7 ,inclusions ,the report under subsection 7a7 shall include-- 7#a7 a description of any intermediate and final deadlines for agency action on any ,secretarial review and approval required for ,indian conventional and renewable energy exploration and development activities2 7#b7 a description of the existing geographic database established by the ,bureau of ,indian ,affairs1 explaining-- 7,a7 how the database identifies-- 7i7 the location and ownership of all ,indian oil and gas resources held in trust2 7ii7 resources available for lease2 and 7iii7 the location of-- 7,i7 any lease of land held in trust or restricted fee on behalf of any ,indian tribe or individual ,indian2 and 7,,ii7 any rights-of-way on that land in effect2 7,b7 how the information from the database is made available to-- 7i7 the officials of the ,bureau of ,indian ,affairs with responsibility over the management and development of ,indian resources2 and 7ii7 resource owners2 and 7,c7 any barriers to identifying the information described in subparagraphs 7,a7 and 7,b7 or any deficiencies in that information2 and 7#c7 an evaluation of-- 7,a7 the ability of each applicable agency to track and monitor the review and approval process of the agency for ,indian energy development2 and 7,b7 the extent to which each applicable agency complies with any intermediate and final deadlines4 ,b ,miscellaneous amendments #fbja4 ,issuance of preliminary permits or licenses 7a7 ,in general ,section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 is amended by striking ,states and municipalities and inserting ,states1 ,indian tribes1 and municipalities4 7b7 ,applicability ,the amendment made by subsection 7a7 shall not affect-- 7#a7 any preliminary permit or original license issued before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf2 or 7#b7 an application for an original license1 if the ,commission has issued a notice accepting that application for filing pursuant to section #d4cb7;d7 of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 before the date of enactment of the ,indian ,tribal ,energy ,development and ,self-,determination ,act ,amendments of #bjaf4 7c7 ,definition of ,indian tribe ,for purposes of section #g7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7;a77 7as amended by subsection 7a771 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #fbjb4 ,tribal biomass demonstration project 7a7 ,purpose ,the purpose of this section is to establish a biomass demonstration project for federally recognized ,indian tribes and ,alaska ,native corporations to promote biomass energy production4 7b7 ,tribal biomass demonstration project ,the ,tribal ,forest ,protection ,act of #bjjd 7,public ,law #ajh-bgh2 #aah ,stat4 #hfh7 is amended-- 7#a7 in section #b7;a71 by striking ,in this section and inserting ,in this ,act2 and 7#b7 by adding at the end the following3 #c4 ,tribal biomass demonstration project 7a7 ,stewardship contracts or similar agreements ,for each of fiscal years #bjag through #bjba1 the ,secretary shall enter into stewardship contracts or similar agreements 7excluding direct service contracts7 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 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #d new demonstration projects that meet the eligibility criteria described in subsection 7c7 shall be carried out under contracts or agreements described in subsection 7a74 7c7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this section1 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 7d7 ,selection ,in evaluating the applications submitted under subsection 7c71 the ,secretary shall-- 7#a7 take into consideration-- 7,a7 the factors set forth in paragraphs 7#a7 and 7#b7 of section #b7;e72 and 7,b7 whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,indian tribe2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or ,indian forest land or rangeland2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7#b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7e7 ,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 7f7 ,report ,not later than ,september #bj1 #bjai1 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 7g7 ,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 maximum 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 7h7 ,term ,a contract or 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 4 7c7 ,alaska ,native biomass demonstration project 7#a7 ,definitions ,in this subsection3 7,a7 ,federal land ,the term 8,federal land0 means-- 7i7 land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a77 administered by the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 and 7ii7 public lands 7as defined in section #ajc of the ,federal ,land ,policy ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 the surface of which is administered by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7,b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7,c7 ,secretary ,the term 8,secretary0 means-- 7i7 the ,secretary of ,agriculture1 with respect to land under the jurisdiction of the ,forest ,service2 and 7ii7 the ,secretary of the ,interior1 with respect to land under the jurisdiction of the ,bureau of ,land ,management4 7,d7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#b7 ,agreements ,for each of fiscal years #bjag through #bjba1 the ,secretary shall enter into an agreement or contract with an ,indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production 7including biofuel1 heat1 and electricity generation7 by providing reliable supplies of woody biomass from ,federal land4 7#c7 ,demonstration projects ,in each fiscal year for which projects are authorized1 at least #a new demonstration project that meets the eligibility criteria described in paragraph 7#d7 shall be carried out under contracts or agreements described in paragraph 7#b74 7#d7 ,eligibility criteria ,to be eligible to enter into a contract or agreement under this subsection1 an ,indian tribe or tribal organization 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 the demonstration project proposed to be carried out by the ,indian tribe or tribal organization4 7#e7 ,selection ,in evaluating the applications submitted under paragraph 7#d71 the ,secretary shall-- 7,a7 take into consideration whether a proposed project would-- 7i7 increase the availability or reliability of local or regional energy2 7ii7 enhance the economic development of the ,indian tribe2 7iii7 result in or improve the connection of electric power transmission facilities serving the ,indian tribe with other electric transmission facilities2 7iv7 improve the forest health or watersheds of ,federal land or non-,federal land2 7v7 demonstrate new investments in infrastructure2 or 7vi7 otherwise promote the use of woody biomass2 and 7,b7 exclude from consideration any merchantable logs that have been identified by the ,secretary for commercial sale4 7#f7 ,implementation ,the ,secretary shall-- 7,a7 ensure that the criteria described in paragraph 7#d7 are publicly available by not later than #abj days after the date of enactment of this subsection2 and 7,b7 to the maximum extent practicable1 consult with ,indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection4 7#g7 ,report ,not later than ,september #bj1 #bjai1 the ,secretary shall submit to ,congress a report that describes1 with respect to the reporting period-- 7,a7 each individual application received under this subsection2 and 7,b7 each contract and agreement entered into pursuant to this subsection4 7#h7 ,term ,a contract or agreement entered into under this subsection-- 7,a7 shall be for a term of not more than #bj years2 and 7,b7 may be renewed in accordance with this subsection for not more than an additional #aj years4 #fbjc4 ,weatherization program ,section #dac7;d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfc7;d77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,reservation of amounts 7,a7 ,in general ,subject to subparagraph 7,b7 and notwithstanding any other provision of this part1 the ,secretary shall reserve from amounts that would otherwise be allocated to a ,state under this part not less than #ajj percent1 but not more than #aej percent1 of an amount which bears the same proportion to the allocation of that ,state for the applicable fiscal year as the population of all low-income members of an ,indian tribe in that ,state bears to the population of all low-income individuals in that ,state4 7,b7 ,restrictions ,subparagraph 7,a7 shall apply only if-- 7i7 the tribal organization serving the low-income members of the applicable ,indian tribe requests that the ,secretary make a grant directly2 and 7ii7 the ,secretary determines that the low-income members of the applicable ,indian tribe would be equally or better served by making a grant directly than a grant made to the ,state in which the low-income members reside4 7,c7 ,presumption ,if the tribal organization requesting the grant is a tribally designated housing entity 7as defined in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc77 that has operated without material audit exceptions 7or without any material audit exceptions that were not corrected within a #c-year period71 the ,secretary shall presume that the low-income members of the applicable ,indian tribe would be equally or better served by making a grant directly to the tribal organization than by a grant made to the ,state in which the low-income members reside4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the sums and inserting ,administration4--,the amounts2 7,b7 by striking on the basis of his determination2 7,c7 by striking individuals for whom such a determination has been made and inserting low-income members of the ,indian tribe2 and 7,d7 by striking he and inserting the ,secretary2 and 7#c7 in paragraph 7#c71 by striking ,in order and inserting ,application4--,in order4 #fbjd4 ,appraisals 7a7 ,in general ,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 ,appraisals 7a7 ,in general ,for any transaction that requires approval of the ,secretary and involves mineral or energy resources held in trust by the ,united ,states for the benefit of an ,indian tribe or by an ,indian tribe subject to ,federal restrictions against alienation1 any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared 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 ,secretarial review and approval ,not later than #de days after the date on which the ,secretary receives an appraisal prepared by or for an ,indian tribe under paragraph 7#b7 or 7#c7 of subsection 7a71 the ,secretary shall-- 7#a7 review the appraisal2 and 7#b7 approve the appraisal unless the ,secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection 7d74 7c7 ,notice of ,disapproval ,if the ,secretary determines that an appraisal submitted for approval under subsection 7b7 should be disapproved1 the ,secretary shall give written notice of the disapproval to the ,indian tribe and a description of-- 7#a7 each reason for the disapproval2 and 7#b7 how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection 7d74 7d7 ,regulations ,the ,secretary shall promulgate regulations to carry out this section1 including standards the ,secretary shall use for approving or disapproving the appraisal described in subsection 7a74 4 #fbje4 ,leases of restricted lands for ,navajo ,nation 7a7 ,in general ,subsection 7e77#a7 of the first section of the ,act of ,august #i1 #aiee 7commonly known as the ,long-,term ,leasing ,act7 7#be ,u4,s4,c4 #dae7;e77#a771 is amended-- 7#a7 by striking 1 except a lease for and inserting 1 including a lease for2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 in the case of a business or agricultural lease1 #ii years2 2 7#c7 in subparagraph 7,b71 by striking the period at the end 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 any mineral resource 7including geothermal resources71 #be years1 except that-- 7i7 any such lease may include an option to renew for #a additional term of not to exceed #be years2 and 7ii7 any such lease for the exploration1 development1 or extraction of an oil or gas resource shall be for a term of not to exceed #aj years1 plus such additional period as the ,navajo ,nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity4 4 7b7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit to ,congress a report describing the progress made in carrying out the amendment made by subsection 7a74 #fbjf4 ,extension of tribal lease period for the ,crow ,tribe of ,montana ,subsection 7a7 of the first section of the ,act of ,august #i1 #aiee 7#be ,u4,s4,c4 #dae7;a771 is amended in the second sentence by inserting 1 land held in trust for the ,crow ,tribe of ,montana after ,devils ,lake ,sioux ,reservation4 #fbjg4 ,trust status of lease payments 7a7 ,definition of ,secretary ,in this section1 the term ,secretary means the ,secretary of the ,interior4 7b7 ,treatment of lease payments 7#a7 ,in general ,except as provided in paragraph 7#b7 and at the request of the ,indian tribe or individual ,indian1 any advance payments1 bid deposits1 or other earnest money received by the ,secretary in connection with the review and ,secretarial approval under any other ,federal law 7including regulations7 of a sale1 lease1 permit1 or any other conveyance of any interest in any trust or restricted land of any ,indian tribe or individual ,indian shall1 upon receipt and prior to ,secretarial approval of the contract or conveyance instrument1 be held in the trust fund system for the benefit of the ,indian tribe and individual ,indian from whose land the funds were generated4 7#b7 ,restriction ,if the advance payment1 bid deposit1 or other earnest money received by the ,secretary results from competitive bidding1 upon selection of the successful bidder1 only the funds paid by the successful bidder shall be held in the trust fund system4 7c7 ,use of funds 7#a7 ,in general ,on the approval of the ,secretary of a contract or other instrument for a sale1 lease1 permit1 or any other conveyance described in subsection 7b77#a71 the funds held in the trust fund system and described in subsection 7b71 along with all income generated from the investment of those funds1 shall be disbursed to the ,indian tribe or individual ,indian landowners4 7#b7 ,administration ,if a contract or other instrument for a sale1 lease1 permit1 or any other conveyance described in subsection 7b77#a7 is not approved by the ,secretary1 the funds held in the trust fund system and described in subsection 7b71 along with all income generated from the investment of those funds1 shall be paid to the party identified in1 and in such amount and on such terms as set out in1 the applicable regulations1 advertisement1 or other notice governing the proposed conveyance of the interest in the land at issue4 7d7 ,applicability ,this section shall apply to any advance payment1 bid deposit1 or other earnest money received by the ,secretary in connection with the review and ,secretarial approval under any other ,federal law 7including regulations7 of a sale1 lease1 permit1 or any other conveyance of any interest in any trust or restricted land of any ,indian tribe or individual ,indian on or after the date of enactment of this ,act4 ,,vii ,brownfields reauthorization #gjja4 ,short title ,this title may be cited as the ,brownfields ,utilization1 ,investment1 and ,local ,development ,act of #bjaf or the ,,build ,act4 #gjjb4 ,expanded eligibility for nonprofit organizations ,section #ajd7k77#a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#a77 is amended-- 7#a7 in subparagraph 7,g71 by striking or after the semicolon2 7#b7 in subparagraph 7,h71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,i7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code2 7,j7 a limited liability corporation in which all managing members are organizations described in subparagraph 7,i7 or limited liability corporations whose sole members are organizations described in subparagraph 7,i72 7,k7 a limited partnership in which all general partners are organizations described in subparagraph 7,i7 or limited liability corporations whose sole members are organizations described in subparagraph 7,i72 or 7,l7 a qualified community development entity 7as defined in section #de;,d7c77#a7 of the ,internal ,revenue ,code of #aihf74 4 #gjjc4 ,multipurpose brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#i7 and 7#aj7 through 7#ab7 as paragraphs 7#e7 through 7#aj7 and 7#ac7 through 7#ae71 respectively2 7#b7 in paragraph 7#c77;,a71 by striking subject to paragraphs 7#d7 and 7#e7 and inserting subject to paragraphs 7#e7 and 7#f72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,multipurpose brownfields grants 7,a7 ,in general ,subject to subparagraph 7,d7 and paragraphs 7#e7 and 7#f71 the ,administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph 7#c77;,c71 to carry out inventory1 characterization1 assessment1 planning1 or remediation activities at #a or more brownfield sites in a proposed area4 7,b7 ,grant amounts 7i7 ,individual grant amounts ,each grant awarded under this paragraph shall not exceed #iej1jjj4 7ii7 ,cumulative grant amounts ,the total amount of grants awarded for each fiscal year under this paragraph shall not exceed #ae percent of the funds made available for the fiscal year to carry out this subsection4 7,c7 ,criteria ,in awarding a grant under this paragraph1 the ,administrator shall consider the extent to which an eligible entity is able-- 7i7 to provide an overall plan for revitalization of the #a or more brownfield sites in the proposed area in which the multipurpose grant will be used2 7ii7 to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant2 and 7iii7 to demonstrate that a multipurpose grant will meet the needs of the #a or more brownfield sites in the proposed area4 7,d7 ,condition ,as a condition of receiving a grant under this paragraph1 each eligible entity shall expend the full amount of the grant not later than the date that is #c years after the date on which the grant is awarded to the eligible entity unless the ,administrator1 in the discretion of the ,administrator1 provides an extension4 4 #gjjd4 ,treatment of certain publicly owned brownfield sites ,section #ajd7k77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#b77 is amended by adding at the end the following3 7,c7 ,exemption for certain publicly owned brownfield sites ,notwithstanding any other provision of law1 an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to ,january #aa1 #bjjb1 even if the governmental entity does not qualify as a bona fide prospective purchaser 7as that term is defined in section #aja7dj771 so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property4 4 #gjje4 ,increased funding for remediation grants ,section #ajd7k77#c77;,a77ii7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a77ii77 is amended by striking #bjj1jjj for each site to be remediated and inserting #ejj1jjj for each site to be remediated1 which limit may be waived by the ,administrator1 but not to exceed a total of #fej1jjj for each site1 based on the anticipated level of contamination1 size1 or ownership status of the site4 #gjjf4 ,allowing administrative costs for grant recipients ,paragraph 7#e7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #c7a77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7i7-- 7i7 by striking subclause 7,,iii72 and 7ii7 by redesignating subclauses 7,,iv7 and 7,v7 as subclauses 7,,iii7 and 7,,iv71 respectively2 7,b7 by striking clause 7ii72 7,c7 by redesignating clause 7iii7 as clause 7ii72 and 7,d7 in clause 7ii7 7as redesignated by subparagraph 7,c771 by striking ,notwithstanding clause 7i77,,iv7 and inserting ,notwithstanding clause 7i77,,iii72 and 7#b7 by adding at the end the following3 7,e7 ,administrative costs 7i7 ,in general ,an eligible entity may use up to #h percent of the amounts made available under a grant or loan under this subsection for administrative costs4 7ii7 ,restriction ,for purposes of clause 7i71 the term administrative costs does not include-- 7,i7 investigation and identification of the extent of contamination2 7,,ii7 design and performance of a response action2 or 7,,iii7 monitoring of a natural resource4 4 #gjjg4 ,small community technical assistance grants ,paragraph 7#g77;,a7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #gjjc7a77 is amended-- 7#a7 by striking ,the ,administrator may provide1 and inserting the following3 7i7 ,definitions ,in this subparagraph3 7,i7 ,disadvantaged area ,the term disadvantaged area means an area with an annual median household income that is less than #hj percent of the ,state-wide annual median household income1 as determined by the latest available decennial census4 7,,ii7 ,small community ,the term small community means a community with a population of not more than #ae1jjj individuals1 as determined by the latest available decennial census4 7ii7 ,establishment of program ,the ,administrator shall establish a program to provide grants that provide1 2 and 7#b7 by adding at the end the following3 7iii7 ,small or disadvantaged community recipients 7,i7 ,in general ,subject to subclause 7,,ii71 in carrying out the program under clause 7ii71 the ,administrator shall use not more than #fjj1jjj of the amounts made available to carry out this paragraph to provide grants to ,states that receive amounts under section #abh7;a7 to assist small communities1 ,indian tribes1 rural areas1 or disadvantaged areas in achieving the purposes described in clause 7ii74 7,,ii7 ,limitation ,each grant awarded under subclause 7,i7 shall be not more than #g1ejj4 4 #gjjh4 ,waterfront brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by inserting after paragraph 7#aj7 7as redesignated by section #gjjc7a77 the following3 7#aa7 ,waterfront brownfield sites 7,a7 ,definition of waterfront brownfield site ,in this paragraph1 the term waterfront brownfield site means a brownfield site that is adjacent to a body of water or a federally designated floodplain4 7,b7 ,requirements ,in providing grants under this subsection1 the ,administrator shall-- 7i7 take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site2 and 7ii7 give consideration to waterfront brownfield sites4 4 #gjji4 ,clean energy brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as amended by section #gjjh7 is amended by inserting after paragraph 7#aa7 the following3 7#ab7 ,clean energy projects at brownfield sites 7,a7 ,definition of clean energy project ,in this paragraph1 the term clean energy project means-- 7i7 a facility that generates renewable electricity from wind1 solar1 or geothermal energy2 and 7ii7 any energy efficiency improvement project at a facility1 including combined heat and power and district energy4 7,b7 ,establishment ,the ,administrator shall establish a program to provide grants-- 7i7 to eligible entities to carry out inventory1 characterization1 assessment1 planning1 feasibility analysis1 design1 or remediation activities to locate a clean energy project at #a or more brownfield sites2 and 7ii7 to capitalize a revolving loan fund for the purposes described in clause 7i74 7,c7 ,maximum amount ,a grant under this paragraph shall not exceed #ejj1jjj4 4 #gjaj4 ,targeted funding for ,states ,paragraph 7#ae7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #gjjc7a77 is amended by adding at the end the following3 7,c7 ,targeted funding ,of the amounts made available under subparagraph 7,a7 for a fiscal year1 the ,administrator may use not more than #b1jjj1jjj to provide grants to ,states for purposes authorized under section #abh7;a71 subject to the condition that each ,state that receives a grant under this subparagraph shall have used at least #ej percent of the amounts made available to that ,state in the previous fiscal year to carry out assessment and remediation activities under section #abh7;a74 4 #gjaa4 ,authorization of appropriations 7a7 ,brownfields revitalization funding ,paragraph 7#ae77;,a7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #gjjc7a77 is amended by striking #bjjf and inserting #bjah4 7b7 ,state response programs ,section #abh7;a77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#c77 is amended by striking #bjjf and inserting #bjah4 ,,viii ,miscellaneous #hjja4 ,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 the following new section at the end3 #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 ,,ix ,miscellaneous #ijja4 ,interagency transfer of land along ,george ,washington ,memorial ,parkway 7a7 ,definitions ,in this section3 7#a7 ,map ,the term ,map means the map entitled ,george ,washington ,memorial ,parkway--,claude ,moore ,farm ,proposed ,boundary ,adjustment1 numbered #hejacjhae1 and dated ,february #bjaf4 7#b7 ,research center ,the term ,research ,center means the ,turner-,fairbank ,highway ,research ,center of the ,federal ,highway ,administration4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,administrative jurisdiction transfer 7#a7 ,transfer of jurisdiction 7,a7 ,george ,washington ,memorial ,parkway land ,administrative jurisdiction over the approximately #j4cdb acres of ,federal land under the jurisdiction of the ,secretary within the boundary of the ,george ,washington ,memorial ,parkway1 as generally depicted as ,b on the ,map1 is transferred from the ,secretary to the ,secretary of ,transportation4 7,b7 ,research ,center land ,administration jurisdiction over the approximately #j4dgi acres of ,federal land within the boundary of the ,research ,center land under the jurisdiction of the ,secretary of ,transportation adjacent to the boundary of the ,george ,washington ,memorial ,parkway1 as generally depicted as ,a on the ,map1 is transferred from the ,secretary of ,transportation to the ,secretary4 7#b7 ,use restriction ,the ,secretary shall restrict the use of #j4aci acres of ,federal land within the boundary of the ,george ,washington ,memorial ,parkway immediately adjacent to part of the perimeter fence of the ,research ,center1 generally depicted as ,c on the ,map1 by prohibiting the storage1 construction1 or installation of any item that may interfere with the access of the ,research ,center to the restricted land for security and maintenance purposes4 7#c7 ,reimbursement or consideration ,the transfers of administrative jurisdiction under this subsection shall not be subject to reimbursement or consideration4 7#d7 ,compliance with agreement 7,a7 ,agreement ,the ,national ,park ,service and the ,federal ,highway ,administration shall comply with all terms and conditions of the agreement entered into by the parties on ,september #aa1 #bjjb1 regarding the transfer of administrative jurisdiction1 management1 and maintenance of the land described in the agreement4 7,b7 ,access to restricted land 7i7 ,in general ,subject to the terms of the agreement described in subparagraph 7,a71 the ,secretary shall allow the ,research ,center-- 7,i7 to access the ,federal land described in paragraph 7#a77;,b7 for purposes of transportation to and from the ,research ,center2 and 7,,ii7 to access the ,federal land described in paragraphs 7#a77;,b7 and 7#b7 for purposes of maintenance in accordance with ,national ,park ,service standards1 including grass mowing1 weed control1 tree maintenance1 fence maintenance1 and maintenance of the visual appearance of the ,federal land4 7c7 ,management of transferred land 7#a7 ,interior land ,the ,federal land transferred to the ,secretary under subsection 7b77#a77;,b7 shall be-- 7,a7 included in the boundary of the ,george ,washington ,memorial ,parkway2 and 7,b7 administered by the ,secretary as part of the ,george ,washington ,memorial ,parkway1 subject to applicable laws 7including regulations74 7#b7 ,transportation land ,the ,federal land transferred to the ,secretary of ,transportation under subsection 7b77#a77;,a7 shall be-- 7,a7 included in the boundary of the ,research ,center land2 and 7,b7 removed from the boundary of the ,george ,washington ,memorial ,parkway4 7#c7 ,restricted-use land ,the ,federal land that the ,secretary has designated for restricted use under subsection 7b77#b7 shall be maintained by the ,research ,center4 7d7 ,map on file ,the ,map shall be available for public inspection in the appropriate offices of the ,national ,park ,service4 ,x ,natural ,resources ,a ,land conveyances and related matters #ajjja4 ,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 section 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 #ajjjb4 ,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 #ajjjc4 ,land exchange in ,crags1 ,colorado 7a7 ,purposes ,the purposes of this section 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 7b7 ,definitions ,in this section3 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 7c7 ,land exchange 7#a7 ,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 7#b7 ,land title ,title to the non-,federal land conveyed and donated to the ,secretary under this section shall be acceptable to the ,secretary and shall conform to the title approval standards of the ,attorney ,general of the ,united ,states applicable to land acquisitions by the ,federal ,government4 7#c7 ,perpetual access easement to ,,bhi ,the nonexclusive perpetual access easement to be granted to ,,bhi as shown on the map referred to in subsection 7b77#b7 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 7#d7 ,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 7#e7 ,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 section1 including reimbursement to the ,secretary1 if the ,secretary so requests1 for staff time spent in such processing and consummation4 7d7 ,equal value exchange and appraisals 7#a7 ,appraisals ,the values of the lands to be exchanged under this section 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 7#b7 ,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 subsection 7b77#c77;,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 subparagraph 7,a7 shall be-- 7i7 deposited in the fund established under ,public ,law #ij-aga 7commonly known as the ,sisk ,act2 #af ,u4,s4,c4 #dhd;a72 and 7ii7 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 subsection 7b77#c77;,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 7#c7 ,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 subsection 7b77#c77;,b7 shall not be appraised for purposes of this section4 7e7 ,miscellaneous provisions 7#a7 ,withdrawal provisions 7,a7 ,withdrawal ,lands acquired by the ,secretary under this section 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 section1 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 7#b7 ,postexchange land management ,land acquired by the ,secretary under this section shall become part of the ,pike-,san ,isabel ,national ,forest and be managed in accordance with the laws1 rules1 and regulations applicable to the ,national ,forest ,system4 7#c7 ,exchange timetable ,it is the intent of ,congress that the land exchange directed by this section be consummated no later than #a year after the date of the enactment of this ,act4 7#d7 ,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 section1 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 section4 #ajjjd4 ,cerro del ,yuta and ,ro ,san ,antonio ,wilderness ,areas 7a7 ,definitions ,in this section3 7#a7 ,map ,the term map means the map entitled ,ro ,grande del ,norte ,national ,monument ,proposed ,wilderness ,areas and dated ,july #bh1 #bjae4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,wilderness area ,the term wilderness area means a wilderness area designated by subsection 7b77#a74 7b7 ,designation of ,cerro del ,yuta and ,ro ,san ,antonio ,wilderness ,areas 7#a7 ,in general ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the following areas in the ,ro ,grande del ,norte ,national ,monument are designated as wilderness and as components of the ,national ,wilderness ,preservation ,system3 7,a7 ,cerro del yuta wilderness ,certain land administered by the ,bureau of ,land ,management in ,taos ,county1 ,new ,mexico1 comprising approximately #ac1dbj acres as generally depicted on the map1 which shall be known as the ,cerro del ,yuta ,wilderness4 7,b7 ,ro san antonio wilderness ,certain land administered by the ,bureau of ,land ,management in ,ro ,arriba ,county1 ,new ,mexico1 comprising approximately #h1abj acres1 as generally depicted on the map1 which shall be known as the ,ro ,san ,antonio ,wilderness4 7#b7 ,management of wilderness areas ,subject to valid existing rights1 the wilderness areas shall be administered in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 and this section1 except that with respect to the wilderness areas designated by this subsection-- 7,a7 any reference to the effective date of the ,wilderness ,act shall be considered to be a reference to the date of enactment of this ,act2 and 7,b7 any reference in the ,wilderness ,act to the ,secretary of ,agriculture shall be considered to be a reference to the ,secretary4 7#c7 ,incorporation of acquired land and interests in land ,any land or interest in land within the boundary of the wilderness areas that is acquired by the ,united ,states shall-- 7,a7 become part of the wilderness area in which the land is located2 and 7,b7 be managed in accordance with-- 7i7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7ii7 this section2 and 7iii7 any other applicable laws4 7#d7 ,grazing ,grazing of livestock in the wilderness areas1 where established before the date of enactment of this ,act1 shall be administered in accordance with-- 7,a7 section #d7;d77#d7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#d772 and 7,b7 the guidelines set forth in appendix ,a of the ,report of the ,committee on ,interior and ,insular ,affairs to accompany ,h4,r4 #begj of the #ajast ,congress 7,h4 ,rept4 #aja-dje74 7#e7 ,buffer zones 7,a7 ,in general ,nothing in this section creates a protective perimeter or buffer zone around the wilderness areas4 7,b7 ,activities outside wilderness areas ,the fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area4 7#f7 ,release of wilderness study areas ,congress finds that1 for purposes of section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c771 the public land within the ,san ,antonio ,wilderness ,study ,area not designated as wilderness by this subsection-- 7,a7 has been adequately studied for wilderness designation2 7,b7 is no longer subject to section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c772 and 7,c7 shall be managed in accordance with this section4 7#g7 ,maps and legal descriptions 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file the map and legal descriptions of the wilderness areas with-- 7i7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7ii7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7,b7 ,force of law ,the map and legal descriptions filed under subparagraph 7,a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct errors in the legal description and map4 7,c7 ,public availability ,the map and legal descriptions filed under subparagraph 7,a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 7#h7 ,national landscape conservation system ,the wilderness areas shall be administered as components of the ,national ,landscape ,conservation ,system4 7#i7 ,fish and wildlife ,nothing in this section affects the jurisdiction of the ,state of ,new ,mexico with respect to fish and wildlife located on public land in the ,state4 7#aj7 ,withdrawals ,subject to valid existing rights1 any ,federal land within the wilderness areas designated by paragraph 7#a71 including any land or interest in land that is acquired by the ,united ,states after the date of enactment of this ,act1 is withdrawn from-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7#aa7 ,treaty rights ,nothing in this section enlarges1 diminishes1 or otherwise modifies any treaty rights4 #ajjje4 ,clarification relating to a certain land description under the ,northern ,arizona ,land ,exchange and ,verde ,river ,basin ,partnership ,act of #bjje ,section #ajd7;a77#e7 of the ,northern ,arizona ,land ,exchange and ,verde ,river ,basin ,partnership ,act of #bjje 7,public ,law #aji-aaj2 #aai ,stat4 #bcef7 is amended by inserting before the period at the end 1 which1 notwithstanding section #ajb7;a77#d77;,b71 includes the ,n#a_/b1 ,,ne#a_/d1 ,,sw#a_/d1 ,,sw#a_/d1 the ,n#a_/b1 ,n#a_/b1 ,,se#a_/d1 ,,sw#a_/d1 and the ,n#a_/b1 ,n#a_/b1 ,,sw#a_/d1 ,,se#a_/d1 sec4 #cd1 ,t4 #bb ,n41 ,r4 #b ,e41 ,gila and ,salt ,river ,meridian1 ,coconino ,county1 comprising approximately #be acres4 #ajjjf4 ,cooper ,spur land exchange clarification amendments ,section #abjf7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajah7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c71 by striking #abj acres and inserting #ajg acres2 and 7,b7 in subparagraph 7,e77ii71 by inserting improvements1 after buildings12 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,d7-- 7i7 in clause 7i71 by striking ,as soon as practicable after the date of enactment of this ,act1 the ,secretary and ,mt4 ,hood ,meadows shall select and inserting ,not later than #abj days after the date of the enactment of the ,energy ,policy ,modernization ,act of #bjaf1 the ,secretary and ,mt4 ,hood ,meadows shall jointly select2 7ii7 in clause 7ii71 in the matter preceding subclause 7,i71 by striking ,an appraisal under clause 7i7 shall and inserting ,except as provided under clause 7iii71 an appraisal under clause 7i7 shall assign a separate value to each tax lot to allow for the equalization of values and2 and 7iii7 by adding at the end the following3 7iii7 ,final appraised value 7,i7 ,in general ,subject to subclause 7,,ii71 after the final appraised value of the ,federal land and the non-,federal land are determined and approved by the ,secretary1 the ,secretary shall not be required to reappraise or update the final appraised value for a period of up to #c years1 beginning on the date of the approval by the ,secretary of the final appraised value4 7,,ii7 ,exception ,subclause 7,i7 shall not apply if the condition of either the ,federal land or the non-,federal land referred to in subclause 7,i7 is significantly and substantially altered by fire1 windstorm1 or other events4 7iv7 ,public review ,before completing the land exchange under this ,act1 the ,secretary shall make available for public review the complete appraisals of the land to be exchanged4 2 and 7,b7 by striking subparagraph 7,g7 and inserting the following3 7,g7 ,required conveyance conditions ,prior to the exchange of the ,federal and non-,federal land-- 7i7 the ,secretary and ,mt4 ,hood ,meadows may mutually agree for the ,secretary to reserve a conservation easement to protect the identified wetland in accordance with applicable law1 subject to the requirements that-- 7,i7 the conservation easement shall be consistent with the terms of the ,september #cj1 #bjae1 mediation between the ,secretary and ,mt4 ,hood ,meadows2 and 7,,ii7 in order to take effect1 the conservation easement shall be finalized not later than #abj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf2 and 7ii7 the ,secretary shall reserve a #bd-;foot-wide nonexclusive trail easement at the existing trail locations on the ,federal land that retains for the ,united ,states existing rights to construct1 reconstruct1 maintain1 and permit nonmotorized use by the public of existing trails subject to the right of the owner of the ,federal land-- 7,i7 to cross the trails with roads1 utilities1 and infrastructure facilities2 and 7,,ii7 to improve or relocate the trails to accommodate development of the ,federal land4 7,h7 ,equalization of values 7i7 ,in general ,notwithstanding subparagraph 7,a71 in addition to or in lieu of monetary compensation1 a lesser area of ,federal land or non-,federal land may be conveyed if necessary to equalize appraised values of the exchange properties1 without limitation1 consistent with the requirements of this ,act and subject to the approval of the ,secretary and ,mt4 ,hood ,meadows4 7ii7 ,treatment of certain compensation or conveyances as donation ,if1 after payment of compensation or adjustment of land area subject to exchange under this ,act1 the amount by which the appraised value of the land and other property conveyed by ,mt4 ,hood ,meadows under subparagraph 7,a7 exceeds the appraised value of the land conveyed by the ,secretary under subparagraph 7,a7 shall be considered a donation by ,mt4 ,hood ,meadows to the ,united ,states4 4 #ajjjg4 ,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 chapter #ha of title #e1 ,united ,states ,code 7commonly known as the ,federal ,employees ,compensation ,act71 shall not apply to an eligible organization or individual conducting a good ,samaritan search-and-recovery mission under this section1 and the conduct of the good ,samaritan search-and-recovery mission shall not constitute civilian employment4 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 #ajjjh4 ,black ,hills ,national ,cemetery boundary modification 7a7 ,definitions ,in this section3 7#a7 ,cemetery ,the term ,cemetery means the ,black ,hills ,national ,cemetery in ,sturgis1 ,south ,dakota4 7#b7 ,federal land ,the term ,federal land means the approximately #bjj acres of ,bureau of ,land ,management land adjacent to the ,cemetery1 generally depicted as ,proposed ,national ,cemetery ,expansion on the map entitled ,proposed ,expansion of ,black ,hills ,national ,cemetery-,south ,dakota and dated ,september #bh1 #bjae4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,transfer and withdrawal of ,bureau of ,land ,management land for ,cemetery use 7#a7 ,transfer of administrative jurisdiction 7,a7 ,in general ,subject to valid existing rights1 administrative jurisdiction over the ,federal land is transferred from the ,secretary to the ,secretary of ,veterans ,affairs for use as a national cemetery in accordance with chapter #bd of title #ch1 ,united ,states ,code4 7,b7 ,legal descriptions 7i7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a notice containing a legal description of the ,federal land4 7ii7 ,effect ,a legal description published under clause 7i7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct any clerical and typographical errors in the legal description4 7iii7 ,availability ,copies of the legal description published under clause 7i7 shall be available for public inspection in the appropriate offices of-- 7,i7 the ,bureau of ,land ,management2 and 7,,ii7 the ,national ,cemetery ,administration4 7iv7 ,costs ,the ,secretary of ,veterans ,affairs shall reimburse the ,secretary for the costs incurred by the ,secretary in carrying out this subparagraph1 including the costs of any surveys and other reasonable costs4 7#b7 ,withdrawal ,subject to valid existing rights1 for any period during which the ,federal land is under the administrative jurisdiction of the ,secretary of ,veterans ,affairs1 the ,federal land-- 7,a7 is withdrawn from all forms of appropriation under the public land laws1 including the mining laws1 the mineral leasing laws1 and the geothermal leasing laws2 and 7,b7 shall be treated as property as defined under section #ajb7i7 of title #dj1 ,united ,states ,code4 7#c7 ,boundary modification ,the boundary of the ,cemetery is modified to include the ,federal land4 7#d7 ,modification of public land order ,public ,land ,order #baab1 dated ,june #f1 #aifj 7#be ,fed4 ,reg4 #ebdc71 is modified to exclude the ,federal land4 7c7 ,subsequent transfer of administrative jurisdiction 7#a7 ,notice ,on a determination by the ,secretary of ,veterans ,affairs that all or a portion of the ,federal land is not being used for purposes of the ,cemetery1 the ,secretary of ,veterans ,affairs shall notify the ,secretary of the determination4 7#b7 ,transfer of administrative jurisdiction ,subject to paragraphs 7#c7 and 7#d71 the ,secretary of ,veterans ,affairs shall transfer to the ,secretary administrative jurisdiction over the ,federal land subject to a notice under paragraph 7#a74 7#c7 ,decontamination ,the ,secretary of ,veterans ,affairs shall be responsible for the costs of any decontamination of the ,federal land subject to a notice under paragraph 7#a7 that the ,secretary determines to be necessary for the ,federal land to be restored to public land status4 7#d7 ,restoration to public land status ,the ,federal land subject to a notice under paragraph 7#a7 shall only be restored to public land status on-- 7,a7 acceptance by the ,secretary of the ,federal land subject to the notice2 and 7,b7 a determination by the ,secretary that the ,federal land subject to the notice is suitable for-- 7i7 restoration to public land status2 and 7ii7 the operation of #a or more of the public land laws with respect to the ,federal land4 7#e7 ,order ,if the ,secretary accepts the ,federal land under paragraph 7#d77;,a7 and makes a determination of suitability under paragraph 7#d77;,b71 the ,secretary may-- 7,a7 open the accepted ,federal land to operation of #a or more of the public land laws2 and 7,b7 issue an order to carry out the opening authorized under subparagraph 7,a74 ,b ,national ,park ,management1 ,studies1 and ,related ,matters #ajaja4 ,refund of funds used by ,states to operate national parks during shutdown 7a7 ,in general ,the ,director of the ,national ,park ,service shall refund to each ,state all funds of the ,state that were used to reopen and temporarily operate a unit of the ,national ,park ,system during the period in ,october #bjac in which there was a lapse in appropriations for the unit4 7b7 ,funding ,funds of the ,national ,park ,service that are appropriated after the date of enactment of this ,act shall be used to carry out this section4 #ajajb4 ,lower ,farmington and ,salmon ,brook recreational rivers 7a7 ,designation ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended by adding at the end the following new paragraph3 7#bac7 ,lower farmington river and salmon brook1 ,connecticut ,segments of the main stem and its tributary1 ,salmon ,brook1 totaling approximately #fb miles1 to be administered by the ,secretary of the ,interior as follows3 7,a7 ,the approximately #bg4b-mile segment of the ,farmington ,river beginning #j4b miles below the tailrace of the ,lower ,collinsville ,dam and extending to the site of the ,spoonville ,dam in ,bloomfield and ,east ,granby as a recreational river4 7,b7 ,the approximately #h4a-mile segment of the ,farmington ,river extending from #j4e miles below the ,rainbow ,dam to the confluence with the ,connecticut ,river in ,windsor as a recreational river4 7,c7 ,the approximately #b4d-mile segment of the main stem of ,salmon ,brook extending from the confluence of the ,east and ,west ,branches to the confluence with the ,farmington ,river as a recreational river4 7,d7 ,the approximately #ab4f-mile segment of the ,west ,branch of ,salmon ,brook extending from its headwaters in ,hartland1 ,connecticut to its confluence with the ,east ,branch of ,salmon ,brook as a recreational river4 7,e7 ,the approximately #aa4d-mile segment of the ,east ,branch of ,salmon ,brook extending from the ,massachusetts-,connecticut ,state line to the confluence with the ,west ,branch of ,salmon ,brook as a recreational river4 4 7b7 ,management 7#a7 ,in general ,the river segments designated by subsection 7a7 shall be managed in accordance with the management plan and such amendments to the management plan as the ,secretary determines are consistent with this section4 ,the management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section #c7;d7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;d774 7#b7 ,committee ,the ,secretary shall coordinate the management responsibilities of the ,secretary under this section with the ,lower ,farmington ,river and ,salmon ,brook ,wild and ,scenic ,committee1 as specified in the management plan4 7#c7 ,cooperative agreements 7,a7 ,in general ,in order to provide for the long-term protection1 preservation1 and enhancement of the river segment designated by subsection 7a71 the ,secretary is authorized to enter into cooperative agreements pursuant to sections #aj7;e7 and #aa7;b77#a7 of the ,wild and ,scenic ,rivers ,act with-- 7i7 the ,state of ,connecticut2 7ii7 the towns of ,avon1 ,bloomfield1 ,burlington1 ,east ,granby1 ,farmington1 ,granby1 ,hartland1 ,simsbury1 and ,windsor in ,connecticut2 and 7iii7 appropriate local planning and environmental organizations4 7,b7 ,consistency ,all cooperative agreements provided for under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the ,united ,states4 7#d7 ,land management 7,a7 ,zoning ordinances ,for the purposes of the segments designated in subsection 7a71 the zoning ordinances adopted by the towns in ,avon1 ,bloomfield1 ,burlington1 ,east ,granby1 ,farmington1 ,granby1 ,hartland1 ,simsbury1 and ,windsor in ,connecticut1 including provisions for conservation of floodplains1 wetlands and watercourses associated with the segments1 shall be deemed to satisfy the standards and requirements of section #f7;c7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgg7;c774 7,b7 ,acquisition of land ,the provisions of section #f7;c7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgg7;c77 that prohibit ,federal acquisition of lands by condemnation shall apply to the segments designated in subsection 7a74 ,the authority of the ,secretary to acquire lands for the purposes of the segments designated in subsection 7a7 shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands1 and shall be subject to the additional criteria set forth in the management plan4 7#e7 ,rainbow ,dam ,the designation made by subsection 7a7 shall not be construed to-- 7,a7 prohibit1 pre-empt1 or abridge the potential future licensing of the ,rainbow ,dam and ,reservoir 7including any and all aspects of its facilities1 operations and transmission lines7 by the ,federal ,energy ,regulatory ,commission as a federally licensed hydroelectric generation project under the ,federal ,power ,act1 provided that the ,commission may1 in the discretion of the ,commission and consistent with this section1 establish such reasonable terms and conditions in a hydropower license for ,rainbow ,dam as are necessary to reduce impacts identified by the ,secretary as invading or unreasonably diminishing the scenic1 recreational1 and fish and wildlife values of the segments designated by subsection 7a72 or 7,b7 affect the operation of1 or impose any flow or release requirements on1 the unlicensed hydroelectric facility at ,rainbow ,dam and ,reservoir4 7#f7 ,relation to ,national ,park ,system ,notwithstanding section #aj7;c7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abha7;c771 the ,lower ,farmington ,river shall not be administered as part of the ,national ,park ,system or be subject to regulations which govern the ,national ,park ,system4 7c7 ,farmington ,river1 ,connecticut1 designation revision ,section #c7;a77#aef7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 is amended in the first sentence-- 7#a7 by striking #ad-mile and inserting #ae4a-mile2 and 7#b7 by striking to the downstream end of the ,new ,hartford-,canton1 ,connecticut town line and inserting to the confluence with the ,nepaug ,river4 7d7 ,definitions ,for the purposes of this section3 7#a7 ,management plan ,the term management plan means the management plan prepared by the ,salmon ,brook ,wild and ,scenic ,study ,committee entitled the ,lower ,farmington ,river and ,salmon ,brook ,management ,plan and dated ,june #bjaa4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #ajajc4 ,special resource study of ,president ,street ,station 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,study area ,the term study area means the ,president ,street ,station1 a railroad terminal in ,baltimore1 ,maryland1 the history of which is tied to the growth of the railroad industry in the #aith century1 the ,civil ,war1 the ,underground ,railroad1 and the immigrant influx of the early #bjth century4 7b7 ,special resource study 7#a7 ,study ,the ,secretary shall conduct a special resource study of the study area4 7#b7 ,contents ,in conducting the study under paragraph 7#a71 the ,secretary shall-- 7,a7 evaluate the national significance of the study area2 7,b7 determine the suitability and feasibility of designating the study area as a unit of the ,national ,park ,system2 7,c7 consider other alternatives for preservation1 protection1 and interpretation of the study area by the ,federal ,government1 ,state or local government entities1 or private and nonprofit organizations2 7,d7 consult with interested ,federal agencies1 ,state or local governmental entities1 private and nonprofit organizations1 or any other interested individuals2 and 7,e7 identify cost estimates for any ,federal acquisition1 development1 interpretation1 operation1 and maintenance associated with the alternatives4 7#c7 ,applicable law ,the study required under paragraph 7#a7 shall be conducted in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7#d7 ,report ,not later than #c years after the date on which funds are first made available for the study under paragraph 7#a71 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 the results of the study2 and 7,b7 any conclusions and recommendations of the ,secretary4 #ajajd4 ,special resource study of ,thurgood ,marshall's elementary school 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,study area ,the term study area means-- 7,a7 ,p4,s4 #ajc1 the public school located in ,west ,baltimore1 ,maryland1 which ,thurgood ,marshall attended as a youth2 and 7,b7 any other resources in the neighborhood surrounding ,p4,s4 #ajc that relate to the early life of ,thurgood ,marshall4 7b7 ,special resource study 7#a7 ,study ,the ,secretary shall conduct a special resource study of the study area4 7#b7 ,contents ,in conducting the study under paragraph 7#a71 the ,secretary shall-- 7,a7 evaluate the national significance of the study area2 7,b7 determine the suitability and feasibility of designating the study area as a unit of the ,national ,park ,system2 7,c7 consider other alternatives for preservation1 protection1 and interpretation of the study area by the ,federal ,government1 ,state or local government entities1 or private and nonprofit organizations2 7,d7 consult with interested ,federal agencies1 ,state or local governmental entities1 private and nonprofit organizations1 or any other interested individuals2 and 7,e7 identify cost estimates for any ,federal acquisition1 development1 interpretation1 operation1 and maintenance associated with the alternatives4 7#c7 ,applicable law ,the study required under paragraph 7#a7 shall be conducted in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7#d7 ,report ,not later than #c years after the date on which funds are first made available to carry out the study under paragraph 7#a71 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 the results of the study2 and 7,b7 any conclusions and recommendations of the ,secretary4 #ajaje4 ,special resource study of ,james ,k4 ,polk presidential home 7a7 ,in general ,the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall conduct a special resource study of the site of the ,james ,k4 ,polk ,home in ,columbia1 ,tennessee1 and adjacent property 7referred to in this section as the site74 7b7 ,criteria ,the ,secretary shall conduct the study under subsection 7a7 in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7c7 ,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 include cost estimates for any necessary acquisition1 development1 operation1 and maintenance of the site2 7#d7 consult with interested ,federal1 ,state1 or local governmental entities1 private and nonprofit organizations1 or other interested individuals2 and 7#e7 identify alternatives for the management1 administration1 and protection of the site4 7d7 ,report ,not later than #c years after the date on which funds are made available to carry out 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 a report that describes-- 7#a7 the findings and conclusions of the study2 and 7#b7 any recommendations of the ,secretary4 #ajajf4 ,north ,country ,national ,scenic ,trail route adjustment 7a7 ,route adjustment ,section #e7;a77#h7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdd7;a77#h77 is amended in the first sentence-- 7#a7 by striking thirty two hundred miles1 extending from eastern ,new ,york ,state and inserting #d1fjj miles1 extending from the ,appalachian ,trail in ,vermont2 and 7#b7 by striking ,proposed ,north ,country ,trail and all that follows through ,june #aige4 and inserting ,north ,country ,national ,scenic ,trail1 ,authorized ,route dated ,february #bjad1 and numbered #fdi_/aafhgj44 7b7 ,no condemnation ,section #e7;a77#h7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdd7;a77#h77 is amended by adding at the end the following3 ,no land or interest in land outside of the exterior boundary of any ,federally administered area may be acquired by the ,federal ,government for the trail by condemnation44 #ajajg4 ,designation of ,jay ,s4 ,hammond ,wilderness ,area 7a7 ,designation ,the approximately #b1fjj1jjj acres of ,national ,wilderness ,preservation ,system land located within the ,lake ,clark ,national ,park and ,preserve designated by section #bja7;e77#g77;a7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #daj;hh7e77#g77;a77 shall be known and designated as the ,jay ,s4 ,hammond ,wilderness ,area4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the wilderness area referred to in subsection 7a7 shall be deemed to be a reference to the ,jay ,s4 ,hammond ,wilderness ,area4 #ajajh4 ,advisory ,council on ,historic ,preservation ,section #cjdaja7;a7 of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#h71 7#i71 7#aj71 and 7#aa7 as paragraphs 7#i71 7#aj71 7#aa71 and 7#ab71 respectively2 and 7#b7 by inserting after paragraph 7#g7 the following3 7#h7 ,the ,general ,chairman of the ,national ,association of ,tribal ,historic ,preservation ,officers4 4 #ajaji4 ,establishment of a visitor services facility on the ,arlington ,ridge tract 7a7 ,definition of ,arlington ,ridge tract ,in this section1 the term ,arlington ,ridge tract means the parcel of ,federal land located in ,arlington ,county1 ,virginia1 known as the ,nevius ,tract and transferred to the ,department of the ,interior in #aiec1 that is bounded generally by-- 7#a7 ,arlington ,boulevard 7,united ,states ,route #ej7 to the north2 7#b7 ,jefferson ,davis ,highway 7,virginia ,route #aaj7 to the east2 7#c7 ,marshall ,drive to the south2 and 7#d7 ,north ,meade ,street to the west4 7b7 ,establishment of visitor services facility ,notwithstanding section #bhfc7;g7 of the ,military ,construction ,authorization ,act for ,fiscal ,year #bjjb 7,public ,law #ajg-ajg2 #aae ,stat4 #accb71 the ,secretary of the ,interior may construct a structure for visitor services to include a public restroom facility on the ,arlington ,ridge tract in the area of the ,united ,states ,marine ,corps ,war ,memorial4 ,c ,sportsmen's access and land management issues ,i ,national policy #ajbja4 ,congressional declaration of national policy 7a7 ,in general ,congress declares that it is the policy of the ,united ,states that ,federal departments and agencies1 in accordance with the missions of the departments and agencies1 ,executive ,orders #abifb and #acddc 7#fj ,fed4 ,reg4 #cjgfi 7,june #g1 #aiie72 #gb ,fed4 ,reg4 #dfecg 7,august #af1 #bjjg771 and applicable law1 shall-- 7#a7 facilitate the expansion and enhancement of hunting1 fishing1 and recreational shooting opportunities on ,federal land1 in consultation with the ,wildlife and ,hunting ,heritage ,conservation ,council1 the ,sport ,fishing and ,boating ,partnership ,council1 ,state and tribal fish and wildlife agencies1 and the public2 7#b7 conserve and enhance aquatic systems and the management of game species and the habitat of those species on ,federal land1 including through hunting and fishing1 in a manner that respects-- 7,a7 ,state management authority over wildlife resources2 and 7,b7 private property rights2 and 7#c7 consider hunting1 fishing1 and recreational shooting opportunities as part of all ,federal plans for land1 resource1 and travel management4 7b7 ,exclusion ,in this subtitle1 the term fishing does not include commercial fishing in which fish are harvested1 either in whole or in part1 that are intended to enter commerce through sale4 ,,ii ,sportsmen's access to federal land #ajbaa4 ,definitions ,in this part3 7#a7 ,federal land ,the term ,federal land means-- 7,a7 any land in the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a777 that is administered by the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 and 7,b7 public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb771 the surface of which is administered by the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to land described in paragraph 7#a77;,a72 and 7,b7 the ,secretary of the ,interior1 with respect to land described in paragraph 7#a77;,b74 #ajbab4 ,federal land open to hunting1 fishing1 and recreational shooting 7a7 ,in general ,subject to subsection 7b71 ,federal land shall be open to hunting1 fishing1 and recreational shooting1 in accordance with applicable law1 unless the ,secretary concerned closes an area in accordance with section #fbac4 7b7 ,effect of part ,nothing in this part opens to hunting1 fishing1 or recreational shooting any land that is not open to those activities as of the date of enactment of this ,act4 #ajbac4 ,closure of ,federal land to hunting1 fishing1 and recreational shooting 7a7 ,authorization 7#a7 ,in general ,subject to paragraph 7#b7 and in accordance with section #cjb7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agcb7;b771 the ,secretary concerned may designate any area on ,federal land in which1 and establish any period during which1 for reasons of public safety1 administration1 or compliance with applicable laws1 no hunting1 fishing1 or recreational shooting shall be permitted4 7#b7 ,requirement ,in making a designation under paragraph 7#a71 the ,secretary concerned shall designate the smallest area for the least amount of time that is required for public safety1 administration1 or compliance with applicable laws4 7b7 ,closure procedures 7#a7 ,in general ,except in an emergency1 before permanently or temporarily closing any ,federal land to hunting1 fishing1 or recreational shooting1 the ,secretary concerned shall-- 7,a7 consult with ,state fish and wildlife agencies2 and 7,b7 provide public notice and opportunity for comment under paragraph 7#b74 7#b7 ,public notice and comment 7,a7 ,in general ,public notice and comment shall include-- 7i7 a notice of intent-- 7,i7 published in advance of the public comment period for the closure-- 7aa7 in the ,federal ,register2 7bb7 on the website of the applicable ,federal agency2 7cc7 on the website of the ,federal land unit1 if available2 and 7dd7 in at least #a local newspaper2 7,,ii7 made available in advance of the public comment period to local offices1 chapters1 and affiliate organizations in the vicinity of the closure that are signatories to the memorandum of understanding entitled ,federal ,lands ,hunting1 ,fishing1 and ,shooting ,sports ,roundtable ,memorandum of ,understanding2 and 7,,iii7 that describes-- 7aa7 the proposed closure2 and 7bb7 the justification for the proposed closure1 including an explanation of the reasons and necessity for the decision to close the area to hunting1 fishing1 or recreational shooting2 and 7ii7 an opportunity for public comment for a period of-- 7,i7 not less than #fj days for a permanent closure2 or 7,,ii7 not less than #cj days for a temporary closure4 7,b7 ,final decision ,in a final decision to permanently or temporarily close an area to hunting1 fishing1 or recreation shooting1 the ,secretary concerned shall-- 7i7 respond in a reasoned manner to the comments received2 7ii7 explain how the ,secretary concerned resolved any significant issues raised by the comments2 and 7iii7 show how the resolution led to the closure4 7c7 ,temporary closures 7#a7 ,in general ,a temporary closure under this section may not exceed a period of #ahj days4 7#b7 ,renewal ,except in an emergency1 a temporary closure for the same area of land closed to the same activities-- 7,a7 may not be renewed more than #c times after the first temporary closure2 and 7,b7 must be subject to a separate notice and comment procedure in accordance with subsection 7b77#b74 7#c7 ,effect of temporary closure ,any ,federal land that is temporarily closed to hunting1 fishing1 or recreational shooting under this section shall not become permanently closed to that activity without a separate public notice and opportunity to comment in accordance with subsection 7b77#b74 7d7 ,reporting ,on an annual basis1 the ,secretaries concerned shall-- 7#a7 publish on a public website a list of all areas of ,federal land temporarily or permanently subject to a closure under this section2 and 7#b7 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 report that identifies-- 7,a7 a list of each area of ,federal land temporarily or permanently subject to a closure2 7,b7 the acreage of each closure2 and 7,c7 a survey of-- 7i7 the aggregate areas and acreage closed under this section in each ,state2 and 7ii7 the percentage of ,federal land in each ,state closed under this section with respect to hunting1 fishing1 and recreational shooting4 7e7 ,application ,this section shall not apply if the closure is-- 7#a7 less than #ad days in duration2 and 7#b7 covered by a special use permit4 #ajbad4 ,shooting ranges 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary concerned may1 in accordance with this section and other applicable law1 lease or permit the use of ,federal land for a shooting range4 7b7 ,exception ,the ,secretary concerned shall not lease or permit the use of ,federal land for a shooting range1 within-- 7#a7 a component of the ,national ,landscape ,conservation ,system2 7#b7 a component of the ,national ,wilderness ,preservation ,system2 7#c7 any area that is-- 7,a7 designated as a wilderness study area2 7,b7 administratively classified as-- 7i7 wilderness-eligible2 or 7ii7 wilderness-suitable2 or 7,c7 a primitive or semiprimitive area2 7#d7 a national monument1 national volcanic monument1 or national scenic area2 or 7#e7 a component of the ,national ,wild and ,scenic ,rivers ,system 7including areas designated for study for potential addition to the ,national ,wild and ,scenic ,rivers ,system74 #ajbae4 ,federal action transparency 7a7 ,modification of equal access to justice provisions 7#a7 ,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 ,not later than ,march #ca of the first fiscal year beginning after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 and every fiscal year thereafter1 the ,chairman of the ,administrative ,conference of the ,united ,states1 after consultation with the ,chief ,counsel for ,advocacy of the ,small ,business ,administration1 shall submit to ,congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section4 7#b7 ,each report under paragraph 7#a7 shall describe the number1 nature1 and amount of the awards1 the claims involved in the controversy1 and any other relevant information that may aid ,congress in evaluating the scope and impact of such awards4 7#c7 7,a7 ,each report under 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 a nondisclosure provision4 7,b7 ,the disclosure of fees and other expenses required under subparagraph 7,a7 shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement4 7f7 ,as soon as practicable1 and in any event not later than the date on which the first report under subsection 7e77#a7 is required to be submitted1 the ,chairman of the ,administrative ,conference of the ,united ,states shall create and maintain online a searchable database containing1 with respect to each award of fees and other expenses under this section made on or after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 the following information3 7#a7 ,the case name and number of the adversary adjudication1 if available1 hyperlinked to the case1 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 made as such party is identified in the order or other court 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 a court order4 7h7 ,the head of each agency shall provide to the ,chairman of the ,administrative ,conference of the ,united ,states in a timely manner all information requested by the ,chairman to comply with the requirements of subsections 7e71 7f71 and 7g74 4 7#b7 ,court cases ,section #bdab7;d7 of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,not later than ,march #ca of the first fiscal year beginning after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 and every fiscal year thereafter1 the ,chairman of the ,administrative ,conference of the ,united ,states shall submit to ,congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection4 7,b7 ,each report under subparagraph 7,a7 shall describe the number1 nature1 and amount of the awards1 the claims involved in the controversy1 and any other relevant information that may aid ,congress in evaluating the scope and impact of such awards4 7,c7 7i7 ,each report under 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 a nondisclosure provision4 7ii7 ,the disclosure of fees and other expenses required under clause 7i7 shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement4 7,d7 ,the ,chairman of the ,administrative ,conference of the ,united ,states shall include and clearly identify in each 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 under 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 ,as soon as practicable1 and in any event not later than the date on which the first report under paragraph 7#e77;,a7 is required to be submitted1 the ,chairman of the ,administrative ,conference of the ,united ,states shall create and maintain online a searchable database containing1 with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 the following information3 7,a7 ,the case name and number1 hyperlinked to the case1 if available4 7,b7 ,the name of the agency involved in the case4 7,c7 ,the name of each party to whom the award was made as such party is identified in the order or other court document making the 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 a 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 7#c7 ,technical and conforming 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-- 7i7 by striking of section #bdab of title #bh1 ,united ,states ,code1 and inserting of this section2 and 7ii7 by striking of such title and inserting of this title4 7b7 ,judgment ,fund transparency ,section #acjd of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,beginning not later than the date that is #fj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 and unless the disclosure of such information is otherwise prohibited by law or a court order1 the ,secretary of the ,treasury shall make available to the public on a website1 as soon as practicable1 but not later than #cj days after the date on which a payment under this section is tendered1 the following information with regard to that payment3 7#a7 ,the name of the specific agency or entity whose actions gave rise to the claim or judgment4 7#b7 ,the name of the plaintiff or claimant4 7#c7 ,the name of counsel for the plaintiff or claimant4 7#d7 ,the amount paid representing principal liability1 and any amounts paid representing any ancillary liability1 including attorney fees1 costs1 and interest4 7#e7 ,a brief description of the facts that gave rise to the claim4 7#f7 ,the name of the agency that submitted the claim4 4 ,,iii ,filming on federal land management agency land #ajbba4 ,commercial filming 7a7 ,in general ,section #a of ,public ,law #ajf-bjf 7#af ,u4,s4,c4 #dfjl-#f;d7 is amended-- 7#a7 by redesignating subsections 7a7 through 7f7 as subsections 7b7 through 7g71 respectively2 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of secretary ,the term ,secretary means the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 with respect to land under the respective jurisdiction of the ,secretary4 2 7#c7 in subsection 7b7 7as so redesignated7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking of the ,interior or the ,secretary of ,agriculture 7hereafter individually referred to as the ,secretary with respect to land 7except land in a ,system unit as defined in section #ajjajb of title #ed1 ,united ,states ,code7 under their respective jurisdictions72 and 7ii7 in subparagraph 7,b71 by inserting 1 except in the case of film crews of #c or fewer individuals before the period at the end2 and 7,b7 by adding at the end the following3 7#c7 ,fee schedule ,not later than #ahj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 to enhance consistency in the management of ,federal land1 the ,secretaries shall publish a single joint land use fee schedule for commercial filming and still photography4 2 7#d7 in subsection 7c7 7as so redesignated71 in the second sentence1 by striking subsection 7a7 and inserting subsection 7b72 7#e7 in subsection 7d7 7as so redesignated71 in the heading1 by inserting ,commercial before ,still2 7#f7 in paragraph 7#a7 of subsection 7f7 7as so redesignated71 by inserting in accordance with the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja et seq471 after without further appropriation12 7#g7 in subsection 7g7 7as so redesignated7-- 7,a7 by striking ,the ,secretary shall and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 and 7,b7 by adding at the end the following3 7#b7 ,considerations ,the ,secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this ,act4 2 and 7#h7 by adding at the end the following3 7h7 ,exemption from commercial filming or still photography permits and fees ,the ,secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay a fee for commercial filming or still photography under this ,act if the filming or photography conducted is-- 7#a7 incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit2 and 7#b7 the holder of the commercial use authorization or special recreation permit is an individual or small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7i7 ,exception from certain fees ,commercial filming or commercial still photography shall be exempt from fees under this ,act1 but not from recovery of costs under subsection 7c71 if the activity-- 7#a7 is conducted by an entity that is a small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb772 7#b7 is conducted by a crew of not more than #c individuals2 and 7#c7 uses only a camera and tripod4 7j7 ,applicability to news gathering activities 7#a7 ,in general ,news gathering shall not be considered a commercial activity4 7#b7 ,included activities ,in this subsection1 the term news gathering includes1 at a minimum1 the gathering1 recording1 and filming of news and information related to news in any medium4 4 7b7 ,conforming amendments ,chapter #ajji of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by striking section #ajjije2 and 7#b7 in the table of sections for chapter #ajji of title #ed1 ,united ,states ,code1 by striking the item relating to section #ajjije4 ,,iv ,bows1 wildlife management1 and access opportunities for recreation1 hunting1 and fishing #ajbca4 ,bows in parks 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #ejja7;a771 is amended by adding at the end the following3 #ajdiji4 ,bows in parks 7a7 ,definition of 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 7b7 ,vehicular transportation authorized ,the ,director shall not promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any ,system unit in the vehicle of the individual if-- 7#a7 the individual is not otherwise prohibited by law from possessing the bows and crossbows2 7#b7 the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across ,system land2 and 7#c7 the possession of the bows and crossbows is in compliance with the law of the ,state in which the ,system unit is located4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #ejja7;b771 is amended by inserting after the item relating to section #ajdijh the following3 #ajdiji4 ,bows in parks4 4 #ajbcb4 ,wildlife management in parks 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #fbca7;a771 is amended by adding at the end the following3 #ajdiaj4 ,wildlife management in parks 7a7 ,use of qualified volunteers ,if the ,secretary determines it is necessary to reduce the size of a wildlife population on ,system land in accordance with applicable law 7including regulations71 the ,secretary may use qualified volunteers to assist in carrying out wildlife management on ,system land4 7b7 ,requirements for qualified volunteers ,qualified volunteers providing assistance under subsection 7a7 shall be subject to-- 7#a7 any training requirements or qualifications established by the ,secretary2 and 7#b7 any other terms and conditions that the ,secretary may require4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajdi of title #ed 7as amended by section #fbca7;b771 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdiji the following3 #ajdiaj4 ,wildlife management in parks4 4 #ajbcc4 ,identifying opportunities for recreation1 hunting1 and fishing on ,federal land 7a7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of the ,interior1 with respect to land administered by-- 7i7 the ,director of the ,national ,park ,service2 7ii7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7iii7 the ,director of the ,bureau of ,land ,management2 and 7,b7 the ,secretary of ,agriculture1 with respect to land administered by the ,chief of the ,forest ,service4 7#b7 ,state or regional office ,the term ,state or regional office means-- 7,a7 a ,state office of the ,bureau of ,land ,management2 or 7,b7 a regional office of-- 7i7 the ,national ,park ,service2 7ii7 the ,united ,states ,fish and ,wildlife ,service2 or 7iii7 the ,forest ,service4 7#c7 ,travel management plan ,the term travel management plan means a plan for the management of travel-- 7,a7 with respect to land under the jurisdiction of the ,national ,park ,service1 on park roads and designated routes under section #d4aj of title #cf1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 with respect to land under the jurisdiction of the ,united ,states ,fish and ,wildlife ,service1 on the land under a comprehensive conservation plan prepared under section #d7;e7 of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd7e772 7,c7 with respect to land under the jurisdiction of the ,forest ,service1 on ,national ,forest ,system land under part #bab of title #cf1 ,code of ,federal ,regulations 7or successor regulations72 and 7,d7 with respect to land under the jurisdiction of the ,bureau of ,land ,management1 under a resource management plan developed under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7b7 ,priority lists required 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 annually during the #aj-year period beginning on the date on which the first priority list is completed1 and every #e years after the end of the #aj-year period1 the ,secretary shall prepare a priority list1 to be made publicly available on the website of the applicable ,federal agency referred to in subsection 7a77#a71 which shall identify the location and acreage of land within the jurisdiction of each ,state or regional office on which the public is allowed1 under ,federal or ,state law1 to hunt1 fish1 or use the land for other recreational purposes but-- 7,a7 to which there is no public access or egress2 or 7,b7 to which public access or egress to the legal boundaries of the land is significantly restricted 7as determined by the ,secretary74 7#b7 ,minimum size ,any land identified under paragraph 7#a7 shall consist of contiguous acreage of at least #fdj acres4 7#c7 ,considerations ,in preparing the priority list required under paragraph 7#a71 the ,secretary shall consider with respect to the land-- 7,a7 whether access is absent or merely restricted1 including the extent of the restriction2 7,b7 the likelihood of resolving the absence of or restriction to public access2 7,c7 the potential for recreational use2 7,d7 any information received from the public or other stakeholders during the nomination process described in paragraph 7#e72 and 7,e7 any other factor as determined by the ,secretary4 7#d7 ,adjacent land status ,for each parcel of land on the priority list1 the ,secretary shall include in the priority list whether resolving the issue of public access or egress to the land would require acquisition of an easement1 right-of-way1 or fee title from-- 7,a7 another ,federal agency2 7,b7 a ,state1 local1 or tribal government2 or 7,c7 a private landowner4 7#e7 ,nomination process ,in preparing a priority list under this section1 the ,secretary shall provide an opportunity for members of the public to nominate parcels for inclusion on the priority list4 7c7 ,access options ,with respect to land included on a priority list described in subsection 7b71 the ,secretary shall develop and submit to the ,committees on ,appropriations and ,energy and ,natural ,resources of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives a report on options for providing access that-- 7#a7 identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality2 7#b7 specifies the steps recommended to secure the access and egress1 including acquiring an easement1 right-of-way1 or fee title from a willing owner of any land that abuts the land or the need to coordinate with ,state land management agencies or other ,federal1 ,state1 or tribal governments to allow for such access and egress2 and 7#c7 is consistent with the travel management plan in effect on the land4 7d7 ,protection of personally identifying information ,in making the priority list and report prepared under subsections 7b7 and 7c7 available1 the ,secretary shall ensure that no personally identifying information is included1 such as names or addresses of individuals or entities4 7e7 ,willing owners ,for purposes of providing any permits to1 or entering into agreements with1 a ,state1 local1 or tribal government or private landowner with respect to the use of land under the jurisdiction of the government or landowner1 the ,secretary shall not take into account whether the ,state1 local1 or tribal government or private landowner has granted or denied public access or egress to the land4 7f7 ,means of public access and egress included ,in considering public access and egress under subsections 7b7 and 7c71 the ,secretary shall consider public access and egress to the legal boundaries of the land described in those subsections1 including access and egress-- 7#a7 by motorized or non-motorized vehicles2 and 7#b7 on foot or horseback4 7g7 ,effect 7#a7 ,in general ,this section shall have no effect on whether a particular recreational use shall be allowed on the land included in a priority list under this section4 7#b7 ,effect of allowable uses on agency consideration ,in preparing the priority list under subsection 7b71 the ,secretary shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared4 ,v ,federal land transaction facilitation act #ajbda4 ,federal ,land ,transaction ,facilitation ,act 7a7 ,in general ,the ,federal ,land ,transaction ,facilitation ,act is amended-- 7#a7 in section #bjc7b7 7#dc ,u4,s4,c4 #bcjb7b771 by striking on the date of enactment of this ,act was and inserting is2 7#b7 in section #bje 7#dc ,u4,s4,c4 #bcjd7-- 7,a7 in subsection 7a71 by striking 7as in effect on the date of enactment of this ,act72 and 7,b7 by striking subsection 7d72 7#c7 in section #bjf 7#dc ,u4,s4,c4 #bcje71 by striking subsection 7f72 and 7#d7 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 7b7 ,funds to treasury ,of the amounts deposited in the ,federal ,land ,disposal ,account1 there shall be transferred to the general fund of the ,treasury #a1jjj1jjj for each of fiscal years #bjaf through #bjbe4 ,,vi ,fish and wildlife conservation #ajbea4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act 7a7 ,purpose ,the purpose of this section 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 7b7 ,definition of public target range ,in this section1 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 7c7 ,amendments to pittman-robertson wildlife restoration act 7#a7 ,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 7#b7 ,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 subparagraph 7,a77 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 7#c7 ,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-- 7i7 by striking ,amounts made and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 amounts made 2 and 7ii7 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 7d7 ,sense of congress regarding cooperation ,it is the sense of ,congress that1 consistent with applicable laws 7including regulations71 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 #ajbeb4 ,north ,american ,wetlands ,conservation ,act 7a7 ,conservation ,incentives ,landowner ,education ,program ,any acquisition of land 7including any interest in land7 under the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddja et seq47 shall be subject to the notification requirements under section #ej7;d74 7b7 ,authorization of appropriations ,section #g7;c7 of the ,north ,american ,wetlands ,conservation ,act 7#af ,u4,s4,c4 #ddjf7;c77 is amended-- 7#a7 in paragraph 7#d71 by striking and2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 #ej1jjj1jjj for each of fiscal years #bjae through #bjbj4 4 #ajbec4 ,national fish habitat conservation 7a7 ,short title ,this section may be cited as the ,national ,fish ,habitat ,conservation ,through ,partnerships ,act4 7b7 ,purpose ,the purpose of this section is to encourage partnerships among public agencies and other interested parties to promote fish conservation-- 7#a7 to achieve measurable habitat conservation results through strategic actions of ,fish ,habitat ,partnerships that lead to better fish habitat conditions and increased fishing opportunities by-- 7,a7 improving ecological conditions2 7,b7 restoring natural processes2 or 7,c7 preventing the decline of intact and healthy systems2 7#b7 to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by ,fish ,habitat ,partnerships2 7#c7 to broaden the community of support for fish habitat conservation by-- 7,a7 increasing fishing opportunities2 7,b7 fostering the participation of local communities1 especially young people in local communities1 in conservation activities2 and 7,c7 raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities2 7#d7 to fill gaps in the ,national ,fish ,habitat ,assessment and the associated database of the ,national ,fish ,habitat ,assessment-- 7,a7 to empower strategic conservation actions supported by broadly available scientific information2 and 7,b7 to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals2 and 7#e7 to communicate to the public and conservation partners-- 7,a7 the conservation outcomes produced collectively by ,fish ,habitat ,partnerships2 and 7,b7 new opportunities and voluntary approaches for conserving fish habitat4 7c7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,board ,the term ,board means the ,national ,fish ,habitat ,board established by subsection 7d77#a77;,a74 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,epa assistant administrator ,the term ,,epa ,assistant ,administrator means the ,assistant ,administrator for ,water of the ,environmental ,protection ,agency4 7#e7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#f7 ,noaa assistant administrator ,the term ,,noaa ,assistant ,administrator means the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration4 7#g7 ,partnership ,the term ,partnership means a self-governed entity designated by the ,board as a ,fish ,habitat ,conservation ,partnership pursuant to subsection 7e77#a74 7#h7 ,real property interest ,the term real property interest means an ownership interest in-- 7,a7 land2 or 7,b7 water 7including water rights74 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,state ,the term ,state means each of the several ,states4 7#aa7 ,state agency ,the term ,state agency means-- 7,a7 the fish and wildlife agency of a ,state2 and 7,b7 any department or division of a department or agency of a ,state that manages in the public trust the inland or marine fishery resources or sustains the habitat for those fishery resources of the ,state pursuant to ,state law or the constitution of the ,state4 7d7 ,national fish habitat board 7#a7 ,establishment 7,a7 ,fish habitat board ,there is established a board1 to be known as the ,national ,fish ,habitat ,board1 whose duties are-- 7i7 to promote1 oversee1 and coordinate the implementation of this section2 7ii7 to establish national goals and priorities for fish habitat conservation2 7iii7 to approve ,partnerships2 and 7iv7 to review and make recommendations regarding fish habitat conservation projects4 7,b7 ,membership ,the ,board shall be composed of #be members1 of whom-- 7i7 #a shall be a representative of the ,department of the ,interior2 7ii7 #a shall be a representative of the ,united ,states ,geological ,survey2 7iii7 #a shall be a representative of the ,department of ,commerce2 7iv7 #a shall be a representative of the ,department of ,agriculture2 7v7 #a shall be a representative of the ,association of ,fish and ,wildlife ,agencies2 7vi7 #d shall be representatives of ,state agencies1 #a of whom shall be nominated by a regional association of fish and wildlife agencies from each of the ,northeast1 ,southeast1 ,midwest1 and ,western regions of the ,united ,states2 7vii7 #a shall be a representative of either-- 7,i7 ,indian tribes in the ,state of ,alaska2 or 7,,ii7 ,indian tribes in ,states other than the ,state of ,alaska2 7viii7 #a shall be a representative of either-- 7,i7 the ,regional ,fishery ,management ,councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb72 or 7,,ii7 a representative of the ,marine ,fisheries ,commissions1 which is composed of-- 7aa7 the ,atlantic ,states ,marine ,fisheries ,commission2 7bb7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7cc7 the ,pacific ,states ,marine ,fisheries ,commission2 7ix7 #a shall be a representative of the ,sportfishing and ,boating ,partnership ,council2 7x7 #g shall be representatives selected from each of-- 7,i7 the recreational sportfishing industry2 7,,ii7 the commercial fishing industry2 7,,iii7 marine recreational anglers2 7,,iv7 freshwater recreational anglers2 7,v7 habitat conservation organizations2 and 7,,vi7 science-based fishery organizations2 7xi7 #a shall be a representative of a national private landowner organization2 7xii7 #a shall be a representative of an agricultural production organization2 7xiii7 #a shall be a representative of local government interests involved in fish habitat restoration2 7xiv7 #b shall be representatives from different sectors of corporate industries1 which may include-- 7,i7 natural resource commodity interests1 such as petroleum or mineral extraction2 7,,ii7 natural resource user industries2 and 7,,iii7 industries with an interest in fish and fish habitat conservation2 and 7xv7 #a shall be a leadership private sector or landowner representative of an active partnership4 7,c7 ,compensation ,a member of the ,board shall serve without compensation4 7,d7 ,travel expenses ,a member of the ,board may be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,board4 7#b7 ,appointment and terms 7,a7 ,in general ,except as otherwise provided in this subsection1 a member of the ,board described in any of clauses 7vi7 through 7xiv7 of paragraph 7#a77;,b7 shall serve for a term of #c years4 7,b7 ,initial board membership 7i7 ,in general ,the initial ,board will consist of representatives as described in clauses 7i7 through 7vi7 of paragraph 7#a77;,b74 7ii7 ,remaining members ,not later than #fj days after the date of enactment of this ,act1 the representatives of the initial ,board pursuant to clause 7i7 shall appoint the remaining members of the ,board described in clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b74 7iii7 ,tribal representatives ,not later than #fj days after the enactment of this ,act1 the ,secretary shall provide to the ,board a recommendation of not fewer than #c tribal representatives1 from which the ,board shall appoint #a representative pursuant to clause 7vii7 of paragraph 7#a77;,b74 7,c7 ,transitional terms ,of the members described in paragraph 7#a77;,b77x7 initially appointed to the ,board-- 7i7 #b shall be appointed for a term of #a year2 7ii7 #b shall be appointed for a term of #b years2 and 7iii7 #c shall be appointed for a term of #c years4 7,d7 ,vacancies 7i7 ,in general ,a vacancy of a member of the ,board described in any of clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 shall be filled by an appointment made by the remaining members of the ,board4 7ii7 ,tribal representatives ,following a vacancy of a member of the ,board described in clause 7vii7 of paragraph 7#a77;,b71 the ,secretary shall recommend to the ,board a list of not fewer than #c tribal representatives1 from which the remaining members of the ,board shall appoint a representative to fill the vacancy4 7,e7 ,continuation of service ,an individual whose term of service as a member of the ,board expires may continue to serve on the ,board until a successor is appointed4 7,f7 ,removal ,if a member of the ,board described in any of clauses 7viii7 through 7xiv7 of paragraph 7#a77;,b7 misses #c consecutive regularly scheduled ,board meetings1 the members of the ,board may-- 7i7 vote to remove that member2 and 7ii7 appoint another individual in accordance with subparagraph 7,d74 7#c7 ,chairperson 7,a7 ,in general ,the representative of the ,association of ,fish and ,wildlife ,agencies appointed pursuant to paragraph 7#a77;,b77v7 shall serve as ,chairperson of the ,board4 7,b7 ,term ,the ,chairperson of the ,board shall serve for a term of #c years4 7#d7 ,meetings 7,a7 ,in general ,the ,board shall meet-- 7i7 at the call of the ,chairperson2 but 7ii7 not less frequently than twice each calendar year4 7,b7 ,public access ,all meetings of the ,board shall be open to the public4 7#e7 ,procedures 7,a7 ,in general ,the ,board shall establish procedures to carry out the business of the ,board1 including-- 7i7 a requirement that a quorum of the members of the ,board be present to transact business2 7ii7 a requirement that no recommendations may be adopted by the ,board1 except by the vote of #b_/c of all members2 7iii7 procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this section2 7iv7 procedures for designating ,partnerships under subsection 7e72 and 7v7 procedures for reviewing1 evaluating1 and making recommendations regarding fish habitat conservation projects4 7,b7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 7e7 ,fish habitat partnerships 7#a7 ,authority to approve ,the ,board may approve and designate ,fish ,habitat ,partnerships in accordance with this subsection4 7#b7 ,purposes ,the purposes of a ,partnership shall be-- 7,a7 to work with other regional habitat conservation programs to promote cooperation and coordination to enhance fish and fish habitats2 7,b7 to engage local and regional communities to build support for fish habitat conservation2 7,c7 to involve diverse groups of public and private partners2 7,d7 to develop collaboratively a strategic vision and achievable implementation plan that is scientifically sound2 7,e7 to leverage funding from sources that support local and regional partnerships2 7,f7 to use adaptive management principles1 including evaluation of project success and functionality2 7,g7 to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures2 and 7,h7 to implement local and regional priority projects that improve conditions for fish and fish habitat4 7#c7 ,criteria for approval ,an entity seeking to be designated as a ,partnership shall-- 7,a7 submit to the ,board an application at such time1 in such manner1 and containing such information as the ,board may reasonably require2 and 7,b7 demonstrate to the ,board that the entity has-- 7i7 a focus on promoting the health of important fish and fish habitats2 7ii7 an ability to coordinate the implementation of priority projects that support the goals and national priorities set by the ,board that are within the ,partnership boundary2 7iii7 a self-governance structure that supports the implementation of strategic priorities for fish habitat2 7iv7 the ability to develop local and regional relationships with a broad range of entities to further strategic priorities for fish and fish habitat2 7v7 a strategic plan that details required investments for fish habitat conservation that addresses the strategic fish habitat priorities of the ,partnership and supports and meets the strategic priorities of the ,board2 7vi7 the ability to develop and implement fish habitat conservation projects that address strategic priorities of the ,partnership and the ,board2 and 7vii7 the ability to develop fish habitat conservation priorities based on sound science and data1 the ability to measure the effectiveness of fish habitat projects of the ,partnership1 and a clear plan as to how ,partnership science and data components will be integrated with the overall ,board science and data effort4 7#d7 ,approval ,the ,board may approve an application for a ,partnership submitted under paragraph 7#c7 if the ,board determines that the applicant-- 7,a7 identifies representatives to provide support and technical assistance to the ,partnership from a diverse group of public and private partners1 which may include ,state or local governments1 nonprofit entities1 ,indian tribes1 and private individuals1 that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land2 7,b7 is organized to promote the health of important fish species and important fish habitats1 including reservoirs1 natural lakes1 coastal and marine environments1 and estuaries2 7,c7 identifies strategic fish and fish habitat priorities for the ,partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decisionmaking2 7,d7 is able to address issues and priorities on a nationally significant scale2 7,e7 includes a governance structure that-- 7i7 reflects the range of all partners2 and 7ii7 promotes joint strategic planning and decisionmaking by the applicant2 7,f7 demonstrates completion of1 or significant progress toward the development of1 a strategic plan to address the decline in fish populations1 rather than simply treating symptoms1 in accordance with the goals and national priorities established by the ,board2 and 7,g7 promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable4 7f7 ,fish habitat conservation projects 7#a7 ,submission to board ,not later than ,march #ca of each calendar year1 each ,partnership shall submit to the ,board a list of priority fish habitat conservation projects recommended by the ,partnership for annual funding under this section4 7#b7 ,recommendations by board ,not later than ,july #a of each calendar year1 the ,board shall submit to the ,secretary a priority list of fish habitat conservation projects that includes the description1 including estimated costs1 of each project that the ,board recommends that the ,secretary approve and fund under this section for the following fiscal year4 7#c7 ,criteria for project selection ,the ,board shall select each fish habitat conservation project to be recommended to the ,secretary under paragraph 7#b7 after taking into consideration1 at a minimum1 the following information3 7,a7 ,a recommendation of the ,partnership that is1 or will be1 participating actively in implementing the fish habitat conservation project4 7,b7 ,the capabilities and experience of project proponents to implement successfully the proposed project4 7,c7 ,the extent to which the fish habitat conservation project-- 7i7 fulfills a local or regional priority that is directly linked to the strategic plan of the ,partnership and is consistent with the purpose of this section2 7ii7 addresses the national priorities established by the ,board2 7iii7 is supported by the findings of the ,habitat ,assessment of the ,partnership or the ,board1 and aligns or is compatible with other conservation plans2 7iv7 identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures2 7v7 provides a well-defined budget linked to deliverables and outcomes2 7vi7 leverages other funds to implement the project2 7vii7 addresses the causes and processes behind the decline of fish or fish habitats2 and 7viii7 includes an outreach or education component that includes the local or regional community4 7,d7 ,the availability of sufficient non-,federal funds to match ,federal contributions for the fish habitat conservation project1 as required by paragraph 7#e72 7,e7 ,the extent to which the local or regional fish habitat conservation project-- 7i7 will increase fish populations in a manner that leads to recreational fishing opportunities for the public2 7ii7 will be carried out through a cooperative agreement among ,federal1 ,state1 and local governments1 ,indian tribes1 and private entities2 7iii7 increases public access to land or water for fish and wildlife-dependent recreational opportunities2 7iv7 advances the conservation of fish and wildlife species that have been identified by the ,states as species of greatest conservation need2 7v7 where appropriate1 advances the conservation of fish and fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and other relevant ,federal law and ,state wildlife action plans2 and 7vi7 promotes strong and healthy fish habitats so that desired biological communities are able to persist and adapt4 7,f7 ,the substantiality of the character and design of the fish habitat conservation project4 7#d7 ,limitations 7,a7 ,requirements for evaluation ,no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section unless the fish habitat conservation project includes an evaluation plan designed using applicable ,board guidance-- 7i7 to appropriately assess the biological1 ecological1 or other results of the habitat protection1 restoration1 or enhancement activities carried out using the assistance2 7ii7 to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met2 7iii7 to identify improvements to existing fish populations1 recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project2 and 7iv7 to require the submission to the ,board of a report describing the findings of the assessment4 7,b7 ,acquisition authorities 7i7 ,in general ,a ,state1 local government1 or other non-,federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this section if the acquisition ensures #a of-- 7,i7 public access for compatible fish and wildlife-dependent recreation2 or 7,,ii7 a scientifically based1 direct enhancement to the health of fish and fish populations1 as determined by the ,board4 7ii7 ,state agency approval 7,i7 ,in general ,all real property interest acquisition projects funded under this section are required to be approved by the ,state agency in the ,state in which the project is occurring4 7,,ii7 ,prohibition ,the ,board may not recommend1 and the ,secretary may not provide any funding for1 any real property interest acquisition that has not been approved by the ,state agency4 7iii7 ,assessment of other authorities ,the ,fish ,habitat ,partnership shall conduct a project assessment1 submitted with the funding request and approved by the ,board1 to demonstrate all other ,federal1 ,state1 and local authorities for the acquisition of real property have been exhausted4 7iv7 ,restrictions ,a real property interest may not be acquired pursuant to a fish habitat conservation project by a ,state1 local government1 or other non-,federal entity1 unless-- 7,i7 the owner of the real property authorizes the ,state1 local government1 or other non-,federal entity to acquire the real property2 and 7,,ii7 the ,secretary and the ,board determine that the ,state1 local government1 or other non-,federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a partnership4 7#e7 ,non-federal contributions 7,a7 ,in general ,except as provided in subparagraph 7,b71 no fish habitat conservation project may be recommended by the ,board under paragraph 7#b7 or provided financial assistance under this section unless at least #ej percent of the cost of the fish habitat conservation project will be funded with non-,federal funds4 7,b7 ,non-federal share ,the non-,federal share of the cost of a fish habitat conservation project-- 7i7 may not be derived from another ,federal grant program2 but 7ii7 may include in-kind contributions and cash4 7,c7 ,special rule for indian tribes ,notwithstanding subparagraph 7,a7 or any other provision of law1 any funds made available to an ,indian tribe pursuant to this section may be considered to be non-,federal funds for the purpose of subparagraph 7,a74 7#f7 ,approval 7,a7 ,in general ,not later than #ij days after the date of receipt of the recommended priority list of fish habitat conservation projects under paragraph 7#b71 subject to the limitations of paragraph 7#d71 and based1 to the maximum extent practicable1 on the criteria described in paragraph 7#c71 the ,secretary1 after consulting with the ,secretary of ,commerce on marine or estuarine projects1 shall approve or reject any fish habitat conservation project recommended by the ,board4 7,b7 ,funding ,if the ,secretary approves a fish habitat conservation project under subparagraph 7,a71 the ,secretary shall use amounts made available to carry out this section to provide funds to carry out the fish habitat conservation project4 7,c7 ,notification ,if the ,secretary rejects any fish habitat conservation project recommended by the ,board under paragraph 7#b71 not later than #ahj days after the date of receipt of the recommendation1 the ,secretary shall provide to the ,board1 the appropriate ,partnership1 and the appropriate congressional committees a written statement of the reasons that the ,secretary rejected the fish habitat conservation project4 7g7 ,technical and scientific assistance 7#a7 ,in general ,the ,director1 the ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 and the ,director of the ,united ,states ,geological ,survey1 in coordination with the ,forest ,service and other appropriate ,federal departments and agencies1 may provide scientific and technical assistance to the ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7#b7 ,inclusions ,scientific and technical assistance provided pursuant to paragraph 7#a7 may include-- 7,a7 providing technical and scientific assistance to ,states1 ,indian tribes1 regions1 local communities1 and nongovernmental organizations in the development and implementation of ,partnerships2 7,b7 providing technical and scientific assistance to ,partnerships for habitat assessment1 strategic planning1 and prioritization2 7,c7 supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by ,partnerships and the ,board2 7,d7 supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through ,partnerships2 7,e7 supporting and providing recommendations for a national fish habitat assessment2 7,f7 ensuring the availability of experts to assist in conducting scientifically based evaluation and reporting of the results of fish habitat conservation projects2 and 7,g7 providing resources to secure state agency scientific and technical assistance to support ,partnerships1 participants in fish habitat conservation projects1 and the ,board4 7h7 ,coordination with states and indian tribes ,the ,secretary shall provide a notice to1 and cooperate with1 the appropriate ,state agency or tribal agency1 as applicable1 of each ,state and ,indian tribe within the boundaries of which an activity is planned to be carried out pursuant to this section1 including notification1 by not later than #cj days before the date on which the activity is implemented4 7i7 ,interagency operational plan ,not later than #a year after the date of enactment of this ,act1 and every #e years thereafter1 the ,director1 in cooperation with the ,,noaa ,assistant ,administrator1 the ,,epa ,assistant ,administrator1 the ,director of the ,united ,states ,geological ,survey1 and the heads of other appropriate ,federal departments and agencies 7including at a minimum1 those agencies represented on the ,board7 shall develop an interagency operational plan that describes-- 7#a7 the functional1 operational1 technical1 scientific1 and general staff1 administrative1 and material needs for the implementation of this section2 and 7#b7 any interagency agreements between or among ,federal departments and agencies to address those needs4 7j7 ,accountability and reporting 7#a7 ,reporting 7,a7 ,in general ,not later than #e years after the date of enactment of this ,act1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report describing the progress of this section4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 an estimate of the number of acres1 stream miles1 or acre-feet1 or other suitable measures of fish habitat1 that was maintained or improved by partnerships of ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities in the ,united ,states during the #e-year period ending on the date of submission of the report2 7ii7 a description of the public access to fish habitats established or improved during that #e-year period2 7iii7 a description of the improved opportunities for public recreational fishing2 and 7iv7 an assessment of the status of fish habitat conservation projects carried out with funds provided under this section during that period1 disaggregated by year1 including-- 7,i7 a description of the fish habitat conservation projects recommended by the ,board under subsection 7f77#b72 7,,ii7 a description of each fish habitat conservation project approved by the ,secretary under subsection 7f77#f71 in order of priority for funding2 7,,iii7 a justification for-- 7aa7 the approval of each fish habitat conservation project2 and 7bb7 the order of priority for funding of each fish habitat conservation project2 7,,iv7 a justification for any rejection of a fish habitat conservation project recommended by the ,board under subsection 7f77#b7 that was based on a factor other than the criteria described in subsection 7f77#c72 and 7,v7 an accounting of expenditures by ,federal1 ,state1 or local governments1 ,indian tribes1 or other entities to carry out fish habitat conservation projects4 7#b7 ,status and trends report ,not later than ,december #ca1 #bjaf1 and every #e years thereafter1 the ,board shall submit to the appropriate congressional committees a report that includes-- 7,a7 a status of all ,partnerships approved under this section2 7,b7 a description of the status of fish habitats in the ,united ,states as identified by established ,partnerships2 and 7,c7 enhancements or reductions in public access as a result of-- 7i7 the activities of the ,partnerships2 or 7ii7 any other activities carried out pursuant to this section4 7#c7 ,revisions ,not later than ,december #ca1 #bjaf1 and every #e years thereafter1 the ,board shall consider revising the goals of the ,board1 after consideration of each report required by paragraph 7#b74 7k7 ,effect of section 7#a7 ,water rights ,nothing in this section-- 7,a7 establishes any express or implied reserved water right in the ,united ,states for any purpose2 7,b7 affects any water right in existence on the date of enactment of this ,act2 7,c7 preempts or affects any ,state water law or interstate compact governing water2 or 7,d7 affects any ,federal or ,state law in existence on the date of enactment of the ,act regarding water quality or water quantity4 7#b7 ,authority to acquire water rights or rights to property ,under this section1 only a ,state1 local government1 or other non-,federal entity may acquire1 under ,state law1 water rights or rights to property4 7#c7 ,state authority ,nothing in this section-- 7,a7 affects the authority1 jurisdiction1 or responsibility of a ,state to manage1 control1 or regulate fish and wildlife under the laws and regulations of the ,state2 or 7,b7 authorizes the ,secretary to control or regulate within a ,state the fishing or hunting of fish and wildlife4 7#d7 ,effect on indian tribes ,nothing in this section abrogates1 abridges1 affects1 modifies1 supersedes1 or alters any right of an ,indian tribe recognized by treaty or any other means1 including-- 7,a7 an agreement between the ,indian tribe and the ,united ,states2 7,b7 ,federal law 7including regulations72 7,c7 an ,executive order2 or 7,d7 a judicial decree4 7#e7 ,adjudication of water rights ,nothing in this section diminishes or affects the ability of the ,secretary to join an adjudication of rights to the use of water pursuant to subsection 7a71 7b71 or 7c7 of section #bjh of the ,department of ,justice ,appropriation ,act1 #aiec 7#dc ,u4,s4,c4 #fff74 7#f7 ,department of commerce authority ,nothing in this section affects the authority1 jurisdiction1 or responsibility of the ,department of ,commerce to manage1 control1 or regulate fish or fish habitats under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7#g7 ,effect on other authorities 7,a7 ,private property protection ,nothing in this section permits the use of funds made available to carry out this section to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest4 7,b7 ,mitigation ,nothing in this section permits the use of funds made available to carry out this section for fish and wildlife mitigation purposes under-- 7i7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7ii7 the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq472 7iii7 the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #ajj ,stat4 #djhb72 or 7iv7 any other ,federal law or court settlement4 7,c7 ,clean water act ,nothing in this section affects any provision of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 including any definition in that ,act4 7l7 ,nonapplicability of federal advisory committee act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to-- 7#a7 the ,board2 or 7#b7 any ,partnership4 7m7 ,funding 7#a7 ,authorization of appropriations 7,a7 ,fish habitat conservation projects ,there is authorized to be appropriated to the ,secretary #g1bjj1jjj for each of fiscal years #bjaf through #bjba to provide funds for fish habitat conservation projects approved under subsection 7f77#f71 of which #e percent shall be made available for each fiscal year for projects carried out by ,indian tribes4 7,b7 ,administrative and planning expenses ,there is authorized to be appropriated to the ,secretary for each of fiscal years #bjaf through #bjba an amount equal to #e percent of the amount appropriated for the applicable fiscal year pursuant to subparagraph 7,a7-- 7i7 for administrative and planning expenses2 and 7ii7 to carry out subsection 7j74 7,c7 ,technical and scientific assistance ,there is authorized to be appropriated for each of fiscal years #bjaf through #bjba to carry out1 and provide technical and scientific assistance under1 subsection 7g7-- 7i7 #ejj1jjj to the ,secretary for use by the ,united ,states ,fish and ,wildlife ,service2 7ii7 #ejj1jjj to the ,,noaa ,assistant ,administrator for use by the ,national ,oceanic and ,atmospheric ,administration2 7iii7 #ejj1jjj to the ,,epa ,assistant ,administrator for use by the ,environmental ,protection ,agency2 and 7iv7 #ejj1jjj to the ,secretary for use by the ,united ,states ,geological ,survey4 7#b7 ,agreements and grants ,the ,secretary may-- 7,a7 on the recommendation of the ,board1 and notwithstanding sections #fcjd and #fcje of title #ca1 ,united ,states ,code1 and the ,federal ,financial ,assistance ,management ,improvement ,act of #aiii 7#ca ,u4,s4,c4 #faja note2 ,public ,law #ajf-ajg71 enter into a grant agreement1 cooperative agreement1 or contract with a ,partnership or other entity for a fish habitat conservation project or restoration or enhancement project2 7,b7 apply for1 accept1 and use a grant from any individual or entity to carry out the purposes of this section2 and 7,c7 make funds available to any ,federal department or agency for use by that department or agency to provide grants for any fish habitat protection project1 restoration project1 or enhancement project that the ,secretary determines to be consistent with this section4 7#c7 ,donations 7,a7 ,in general ,the ,secretary may-- 7i7 enter into an agreement with any organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of that ,code to solicit private donations to carry out the purposes of this section2 and 7ii7 accept donations of funds1 property1 and services to carry out the purposes of this section4 7,b7 ,treatment ,a donation accepted under this section-- 7i7 shall be considered to be a gift or bequest to1 or otherwise for the use of1 the ,united ,states2 and 7ii7 may be-- 7,i7 used directly by the ,secretary2 or 7,,ii7 provided to another ,federal department or agency through an interagency agreement4 #ajbed4 ,gulf ,states ,marine ,fisheries ,commission report on ,gulf of ,mexico outer ,continental ,shelf ,state boundary extension 7a7 ,report on resource management outcomes ,not later than ,march #a1 #bjag1 the ,gulf ,states ,marine ,fisheries ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,natural ,resources and ,transportation and ,infrastructure of the ,house of ,representatives a report on the economic1 conservation and management1 and law enforcement impacts of the implementation of section #aaj of division ,b of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac74 7b7 ,information required ,the report required under subsection 7a7 shall include a detailed accounting of how the implementation of section #aaj of division ,b of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac7 has affected-- 7#a7 the economies of the ,states of ,alabama1 ,florida1 ,louisiana1 ,mississippi1 and ,texas2 7#b7 the sustained participation of fishing communities2 7#c7 conservation and management of living resources under all applicable ,federal laws2 7#d7 enforcement of ,federal maritime laws2 and 7#e7 the ability of the governments of the ,states described in paragraph 7#a7 to effectively manage activities pursuant to the fishery management plan for reef fish resources of the ,gulf of ,mexico4 7c7 ,funding 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary of ,commerce shall make available to the ,gulf ,states ,marine ,fisheries ,commission #ejj1jjj to carry out the report required under subsection 7a74 7#b7 ,subsequent appropriations ,amounts made available under paragraph 7#a7 shall be available only to the extent specifically provided for in advance in subsequent appropriations ,acts4 #ajbee4 ,,gao report on ,gulf of ,mexico outer ,continental ,shelf ,state boundary extension 7a7 ,report on resource management outcomes ,not later than ,march #a1 #bjag1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the economic1 conservation and management1 and law enforcement impacts of section #aaj of division ,b of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac74 7b7 ,information required ,the report required by subsection 7a7 shall include a detailed accounting of how section #aaj of division ,b of the ,consolidated ,appropriations ,act1 #bjaf 7,public ,law #aad-aac7 has affected-- 7#a7 the economies of ,alabama1 ,florida1 ,louisiana1 ,mississippi1 and ,texas2 7#b7 the sustained participation of fishing communities2 7#c7 conservation and management of living resources under all applicable ,federal laws2 7#d7 enforcement of ,federal maritime laws2 and 7#e7 the ability of the governments of ,alabama1 ,florida1 ,louisiana1 ,mississippi1 and ,texas to effectively manage activities pursuant to the fishery management plan for reef fish resources of the ,gulf of ,mexico4 ,,vii ,miscellaneous #ajbfa4 ,respect for treaties and rights ,nothing in this subtitle or the amendments made by this subtitle-- 7#a7 affects or modifies any treaty or other right of any federally recognized ,indian tribe2 or 7#b7 modifies any provision of ,federal law relating to migratory birds or to endangered or threatened species4 #ajbfb4 ,no priority ,nothing in this subtitle or the amendments made by this subtitle provides a preference to hunting1 fishing1 or recreational shooting over any other use of ,federal land or water4 ,d ,water infrastructure and related matters ,i ,fontenelle ,reservoir #ajcja4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use 7a7 ,in general ,the ,secretary of the ,interior1 in cooperation with the ,state of ,wyoming1 may amend the ,definite ,plan ,report for the ,seedskadee ,project authorized under the first section of the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj71 to provide for the study1 design1 planning1 and construction activities that will enable the use of all active storage capacity 7as may be defined or limited by legal1 hydrologic1 structural1 engineering1 economic1 and environmental considerations7 of ,fontenelle ,dam and ,reservoir1 including the placement of sufficient riprap on the upstream face of ,fontenelle ,dam to allow the active storage capacity of ,fontenelle ,reservoir to be used for those purposes for which the ,seedskadee ,project was authorized4 7b7 ,cooperative agreements 7#a7 ,in general ,the ,secretary of the ,interior may enter into any contract1 grant1 cooperative agreement1 or other agreement that is necessary to carry out subsection 7a74 7#b7 ,state of ,wyoming 7,a7 ,in general ,the ,secretary of the ,interior shall enter into a cooperative agreement with the ,state of ,wyoming to work in cooperation and collaboratively with the ,state of ,wyoming for planning1 design1 related preconstruction activities1 and construction of any modification of the ,fontenelle ,dam under subsection 7a74 7,b7 ,requirements ,the cooperative agreement under subparagraph 7,a7 shall1 at a minimum1 specify the responsibilities of the ,secretary of the ,interior and the ,state of ,wyoming with respect to-- 7i7 completing the planning and final design of the modification of the ,fontenelle ,dam under subsection 7a72 7ii7 any environmental and cultural resource compliance activities required for the modification of the ,fontenelle ,dam under subsection 7a7 including compliance with-- 7,i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,,ii7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,,iii7 subdivision #b of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code2 and 7iii7 the construction of the modification of the ,fontenelle ,dam under subsection 7a74 7c7 ,funding by ,state of ,wyoming ,pursuant to the ,act of ,march #d1 #aiba 7#da ,stat4 #adjd1 chapter #afa2 #dc ,u4,s4,c4 #cie71 and as a condition of providing any additional storage under subsection 7a71 the ,state of ,wyoming shall provide to the ,secretary of the ,interior funds for any work carried out under subsection 7a74 7d7 ,other contracting authority 7#a7 ,in general ,the ,secretary of the ,interior may enter into contracts with the ,state of ,wyoming1 on such terms and conditions as the ,secretary of the ,interior and the ,state of ,wyoming may agree1 for division of any additional active capacity made available under subsection 7a74 7#b7 ,terms and conditions ,unless otherwise agreed to by the ,secretary of the ,interior and the ,state of ,wyoming1 a contract entered into under paragraph 7#a7 shall be subject to the terms and conditions of ,bureau of ,reclamation ,contract ,no4 #ad-jf-djj-bdgd and ,bureau of ,reclamation ,contract ,no4 #ad-jf-djj-faic4 #ajcjb4 ,savings provisions ,unless expressly provided in this part1 nothing in this part modifies1 conflicts with1 preempts1 or otherwise affects-- 7#a7 the ,act of ,december #ca1 #aibh 7#dc ,u4,s4,c4 #fag et seq47 7commonly known as the ,boulder ,canyon ,project ,act72 7#b7 the ,colorado ,river ,compact of #aibb1 as approved by the ,presidential ,proclamation of ,june #be1 #aibi 7#df ,stat4 #cjjj72 7#c7 the ,act of ,july #ai1 #aidj 7#dc ,u4,s4,c4 #fah et seq47 7commonly known as the ,boulder ,canyon ,project ,adjustment ,act72 7#d7 the ,treaty between the ,united ,states of ,america and ,mexico relating to the utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 and supplementary protocol signed ,november #ad1 #aidd1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7#e7 the ,upper ,colorado ,river ,basin ,compact as consented to by the ,act of ,april #f1 #aidi 7#fc ,stat4 #ca72 7#f7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act7 7#dc ,u4,s4,c4 #fbj et seq472 7#g7 the ,colorado ,river ,basin ,project ,act 7,public ,law #ij-ecg2 #hb ,stat4 #hhe72 or 7#h7 any ,state of ,wyoming or other ,state water law4 ,,ii ,bureau of ,reclamation transparency #ajcaa4 ,definitions ,in this part3 7#a7 ,asset 7,a7 ,in general ,the term asset means any of the following assets that are used to achieve the mission of the ,bureau of ,reclamation to manage1 develop1 and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the ,united ,states3 7i7 ,capitalized facilities1 buildings1 structures1 project features1 power production equipment1 recreation facilities1 or quarters4 7ii7 ,capitalized and noncapitalized heavy equipment and other installed equipment4 7,b7 ,inclusions ,the term asset includes assets described in subparagraph 7,a7 that are considered to be mission critical4 7#b7 ,asset ,management ,report ,the term ,asset ,management ,report means-- 7,a7 the annual plan prepared by the ,bureau of ,reclamation known as the ,asset ,management ,plan2 and 7,b7 any publicly available information relating to the plan described in subparagraph 7,a7 that summarizes the efforts of the ,bureau of ,reclamation to evaluate and manage infrastructure assets of the ,bureau of ,reclamation4 7#c7 ,major repair and rehabilitation need ,the term major repair and rehabilitation need means major nonrecurring maintenance at a ,reclamation facility1 including maintenance related to the safety of dams1 extraordinary maintenance of dams1 deferred major maintenance activities1 and all other significant repairs and extraordinary maintenance4 7#d7 ,reclamation facility ,the term ,reclamation facility means each of the infrastructure assets that are owned by the ,bureau of ,reclamation at a ,reclamation project4 7#e7 ,reclamation project ,the term ,reclamation project means a project that is owned by the ,bureau of ,reclamation1 including all reserved works and transferred works owned by the ,bureau of ,reclamation4 7#f7 ,reserved works ,the term reserved works means buildings1 structures1 facilities1 or equipment that are owned by the ,bureau of ,reclamation for which operations and maintenance are performed by employees of the ,bureau of ,reclamation or through a contract entered into by the ,bureau of ,reclamation1 regardless of the source of funding for the operations and maintenance4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,transferred works ,the term transferred works means a ,reclamation facility at which operations and maintenance of the facility is carried out by a non-,federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the ,bureau of ,reclamation4 #ajcab4 ,asset management report enhancements for reserved works 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress an ,asset ,management ,report that-- 7#a7 describes the efforts of the ,bureau of ,reclamation-- 7,a7 to maintain in a reliable manner all reserved works at ,reclamation facilities2 and 7,b7 to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at ,reclamation facilities2 and 7#b7 expands on the information otherwise provided in an ,asset ,management ,report1 in accordance with subsection 7b74 7b7 ,infrastructure ,maintenance ,needs ,assessment 7#a7 ,in general ,the ,asset ,management ,report submitted under subsection 7a7 shall include-- 7,a7 a detailed assessment of major repair and rehabilitation needs for all reserved works at all ,reclamation projects2 and 7,b7 to the extent practicable1 an itemized list of major repair and rehabilitation needs of individual ,reclamation facilities at each ,reclamation project4 7#b7 ,inclusions ,to the extent practicable1 the itemized list of major repair and rehabilitation needs under paragraph 7#a77;,b7 shall include-- 7,a7 a budget level cost estimate of the appropriations needed to complete each item2 and 7,b7 an assignment of a categorical rating for each item1 consistent with paragraph 7#c74 7#c7 ,rating requirements 7,a7 ,in general ,the system for assigning ratings under paragraph 7#b77;,b7 shall be-- 7i7 consistent with existing uniform categorization systems to inform the annual budget process and agency requirements2 and 7ii7 subject to the guidance and instructions issued under subparagraph 7,b74 7,b7 ,guidance ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph 7#b77;,b7 to ,reclamation facilities4 7#d7 ,public availability ,except as provided in paragraph 7#e71 the ,secretary shall make publicly available1 including on the ,internet1 the ,asset ,management ,report required under subsection 7a74 7#e7 ,confidentiality ,the ,secretary may exclude from the public version of the ,asset ,management ,report made available under paragraph 7#d7 any information that the ,secretary identifies as sensitive or classified1 but shall make available to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a version of the report containing the sensitive or classified information4 7c7 ,updates ,not later than #b years after the date on which the ,asset ,management ,report is submitted under subsection 7a7 and biennially thereafter1 the ,secretary shall update the ,asset ,management ,report1 subject to the requirements of section #fcac7;b77#b74 7d7 ,consultation ,to the extent that such consultation would assist the ,secretary in preparing the ,asset ,management ,report under subsection 7a7 and updates to the ,asset ,management ,report under subsection 7c71 the ,secretary shall consult with-- 7#a7 the ,secretary of the ,army 7acting through the ,chief of ,engineers72 and 7#b7 water and power contractors4 #ajcac4 ,asset management report enhancements for transferred works 7a7 ,in general ,the ,secretary shall coordinate with the non-,federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for ,asset ,management ,reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section #fcab7;b74 7b7 ,guidance 7#a7 ,in general ,after considering input from water and power contractors of the ,bureau of ,reclamation1 the ,secretary shall develop and implement a rating system for transferred works that incorporates1 to the maximum extent practicable1 the rating system for major repair and rehabilitation needs for reserved works developed under section #fcab7;b77#c74 7#b7 ,updates ,the ratings system developed under paragraph 7#a7 shall be included in the updated ,asset ,management ,reports under section #fcab7;c74 #ajcad4 ,offset ,notwithstanding any other provision of law1 in the case of the project authorized by section #afag of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib 7#dc ,u4,s4,c4 #cij;h-#ab;c71 the maximum amount of the ,federal share of the cost of the project under section #afca7;d77#a7 of that ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77#a77 otherwise available as of the date of enactment of this ,act shall be reduced by #b1jjj1jjj4 ,,iii ,basin water management ,a ,yakima ,river ,basin ,water ,enhancement #ajcba4 ,short title ,this subpart may be cited as the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjaf4 #ajcbb4 ,modification of terms1 purposes1 and definitions 7a7 ,modification of terms ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by striking ,yakama ,indian each place it appears 7except section #abjd7;g77 and inserting ,yakama2 and 7#b7 by striking ,superintendent each place it appears and inserting ,manager4 7b7 ,modification of purposes ,section #abja of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 to protect1 mitigate1 and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin through-- 7,a7 improved water management and the constructions of fish passage at storage and diversion dams1 as authorized under the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq472 7,b7 improved instream flows and water supplies2 7,c7 improved water quality1 watershed1 and ecosystem function2 7,d7 protection1 creation1 and enhancement of wetlands2 and 7,e7 other appropriate means of habitat improvement2 2 7#b7 in paragraph 7#b71 by inserting 1 municipal1 industrial1 and domestic water supply and use purposes1 especially during drought years1 including reducing the frequency and severity of water supply shortages for pro-ratable irrigation entities before the semicolon at the end2 7#c7 by striking paragraph 7#d72 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 to authorize the ,secretary to make water available for purchase or lease for meeting municipal1 industrial1 and domestic water supply purposes2 2 7#f7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#h71 respectively2 7#g7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 to realize sufficient water savings from implementing the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan1 so that not less than #he1jjj acre feet of water savings are achieved by implementing the first phase of the ,integrated ,plan pursuant to section #abac7;a71 in addition to the #afe1jjj acre feet of water savings targeted through the ,basin ,conservation ,program1 as authorized on ,october #ca1 #aiid2 2 7#h7 in paragraph 7#f7 7as so redesignated7-- 7,a7 by inserting an increase in before voluntary2 and 7,b7 by striking and at the end2 7#i7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 to encourage an increase in the use of1 and reduce the barriers to1 water transfers1 leasing1 markets1 and other voluntary transactions among public and private entities to enhance water management in the ,yakima ,river basin2 2 7#aj7 in paragraph 7#h7 7as redesignated by paragraph 7#f771 by striking the period at the end and inserting a semicolon2 and 7#aa7 by adding at the end the following3 7#i7 to improve the resilience of the ecosystems1 economies1 and communities in the ,basin as they face drought1 hydrologic changes1 and other related changes and variability in natural and human systems1 for the benefit of both the people and the fish and wildlife of the region2 and 7#aj7 to authorize and implement the ,yakima ,river ,basin ,integrated ,water ,resource ,management ,plan as ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project1 as a balanced and cost-effective approach to maximize benefits to the communities and environment in the ,basin4 4 7c7 ,modification of definitions ,section #abjb of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended-- 7#a7 by redesignating paragraphs 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 and 7#ad7 as paragraphs 7#h71 7#aj71 7#aa71 7#ac71 7#ad71 7#ae71 7#af71 7#ah71 and 7#ai71 respectively2 7#b7 by inserting after paragraph 7#e7 the following3 7#f7 ,designated ,federal official ,the term designated ,federal official means the ,commissioner of ,reclamation 7or a designee71 acting pursuant to the charter of the ,conservation ,advisory ,group4 7#g7 ,integrated ,plan ,the terms ,integrated ,plan and ,yakima ,river ,basin ,integrated ,water ,resource ,plan mean the plan and activities authorized by the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjaf and the amendments made by that subpart1 to be carried out in cooperation with and in addition to activities of the ,state of ,washington and ,yakama ,nation4 2 7#c7 by inserting after paragraph 7#h7 7as redesignated by paragraph 7#a77 the following3 7#i7 ,municipal1 industrial1 and domestic water supply and use ,the term municipal1 industrial1 and domestic water supply and use means the supply and use of water for-- 7,a7 domestic consumption 7whether urban or rural72 7,b7 maintenance and protection of public health and safety2 7,c7 manufacture1 fabrication1 processing1 assembly1 or other production of a good or commodity2 7,d7 production of energy2 7,e7 fish hatcheries2 or 7,f7 water conservation activities relating to a use described in subparagraphs 7,a7 through 7,e74 2 7#d7 by inserting after paragraph 7#aa7 7as redesignated by paragraph 7#a77 the following3 7#ab7 ,proratable irrigation entity ,the term proratable irrigation entity means a district1 project1 or ,state-recognized authority1 board of control1 agency1 or entity located in the ,yakima ,river basin that-- 7,a7 manages and delivers irrigation water to farms in the basin2 and 7,b7 possesses1 or the members of which possess1 water rights that are proratable during periods of water shortage4 2 and 7#e7 by inserting after paragraph 7#af7 7as redesignated by paragraph 7#a77 the following3 7#ag7 ,yakima ,enhancement ,project2 ,yakima ,river ,basin ,water ,enhancement ,project ,the terms ,yakima ,enhancement ,project and ,yakima ,river ,basin ,water ,enhancement ,project mean the ,yakima ,river basin water enhancement project authorized by ,congress pursuant to this ,act and other ,acts 7including ,public ,law #if-afb 7#ic ,stat4 #abda71 section #aji of ,public ,law #ih-cha 7#af ,u4,s4,c4 #hci;b note2 #ih ,stat4 #acdj71 ,public ,law #aje-fb 7#aaa ,stat4 #acbj71 and ,public ,law #ajf-cgb 7#aad ,stat4 #adbe77 to promote water conservation1 water supply1 habitat1 and stream enhancement improvements in the ,yakima ,river basin4 4 #ajcbc4 ,yakima ,river ,basin ,water ,conservation ,program ,section #abjc of ,public ,law #ajc-dcd 7#ajh ,stat4 #deea7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the second sentence1 by striking title and inserting section2 and 7ii7 in the third sentence1 by striking within #e years of the date of enactment of this ,act2 and 7,b7 in paragraph 7#b71 by striking irrigation and inserting the number of irrigated acres2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in each of subparagraphs 7,a7 through 7,d71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,e71 by striking the comma at the end and inserting 2 and2 7iii7 in subparagraph 7,f71 by striking ,department of ,wildlife of the ,state of ,washington1 and and inserting ,department of ,fish and ,wildlife of the ,state of ,washington42 and 7iv7 by striking subparagraph 7,g72 7,b7 in paragraph 7#c7-- 7i7 in each of subparagraphs 7,a7 through 7,c71 by striking the comma at the end and inserting a semicolon2 7ii7 in subparagraph 7,d71 by striking 1 and and inserting a semicolon2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 provide recommendations to advance the purposes and programs of the ,yakima ,enhancement ,project1 including the ,integrated ,plan4 2 and 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,authority of designated ,federal official ,the designated ,federal official may-- 7,a7 arrange and provide logistical support for meetings of the ,conservation ,advisory ,group2 7,b7 use a facilitator to serve as a moderator for meetings of the ,conservation ,advisory ,group or provide additional logistical support2 and 7,c7 grant any request for a facilitator by any member of the ,conservation ,advisory ,group4 2 7#c7 in subsection 7d71 by adding at the end the following3 7#d7 ,payment of local share by ,state or ,federal ,government 7,a7 ,in general ,the ,state or the ,federal ,government may fund not more than the #ag4e percent local share of the costs of the ,basin ,conservation ,program in exchange for the long-term use of conserved water1 subject to the requirement that the funding by the ,federal ,government of the local share of the costs shall provide a quantifiable public benefit in meeting ,federal responsibilities in the ,basin and the purposes of this title4 7,b7 ,use of conserved water ,the ,yakima ,project ,manager may use water resulting from conservation measures taken under this title1 in addition to water that the ,bureau of ,reclamation may acquire from any willing seller through purchase1 donation1 or lease1 for water management uses pursuant to this title4 2 7#d7 in subsection 7e71 by striking the first sentence and inserting the following3 ,to participate in the ,basin ,conservation ,program1 as described in subsection 7b71 an entity shall submit to the ,secretary a proposed water conservation plan42 7#e7 in subsection 7i77#c7-- 7,a7 by striking purchase or lease each place it appears and inserting purchase1 lease1 or management2 and 7,b7 in the third sentence1 by striking made immediately upon availability and all that follows through ,committee and inserting continued as needed to provide water to be used by the ,yakima ,project ,manager as recommended by the ,system ,operations ,advisory ,committee and the ,conservation ,advisory ,group2 and 7#f7 in subsection 7j77#d71 in the first sentence1 by striking initial acquisition and all that follows through flushing flows and inserting acquisition of water from willing sellers or lessors specifically to provide improved instream flows for anadromous and resident fish and other aquatic life1 including pulse flows to facilitate outward migration of anadromous fish4 #ajcbd4 ,yakima ,basin water projects1 operations1 and authorizations 7a7 ,yakama ,nation projects ,section #abjd of ,public ,law #ajc-dcd 7#ajh ,stat4 #deee7 is amended-- 7#a7 in subsection 7a77#b71 in the first sentence1 by striking not more than #bc1jjj1jjj and inserting not more than #ajj1jjj1jjj2 and 7#b7 in subsection 7g7-- 7,a7 by striking the subsection heading and inserting ,redesignation of ,yakama ,indian ,nation to ,yakama ,nation4--2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,redesignation ,the ,confederated ,tribes and ,bands of the ,yakama ,indian ,nation shall be known and designated as the ,confederated ,tribes and ,bands of the ,yakama ,nation4 2 and 7,c7 in paragraph 7#b71 by striking deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,indian ,nation4 and inserting deemed to be a reference to the ,confederated ,tribes and ,bands of the ,yakama ,nation44 7b7 ,operation of ,yakima ,basin projects ,section #abje of ,public ,law #ajc-dcd 7#ajh ,stat4 #deeg7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 by inserting additional after secure2 7bb7 by striking flushing and inserting pulse2 and 7cc7 by striking uses and inserting uses1 in addition to the quantity of water provided under the treaty between the ,yakama ,nation and the ,united ,states2 7,,ii7 by striking clause 7ii72 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 and 7,,iv7 in clause 7ii7 7as so redesignated7 by inserting and water rights mandated after goals2 and 7ii7 in subparagraph 7,b77i71 in the first sentence1 by inserting in proportion to the funding received after ,program2 7#b7 in subsection 7b7 7as amended by section #fcbb7;a77#b771 in the second sentence1 by striking instream flows for use by the ,yakima ,project ,manager as flushing flows or as otherwise and inserting fishery purposes1 as2 and 7#c7 in subsection 7e71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,additional purposes of the ,yakima ,project shall be any of the following3 7,a7 ,to recover and maintain self-sustaining harvestable populations of native fish1 both anadromous and resident species1 throughout their historic distribution range in the ,yakima ,basin4 7,b7 ,to protect1 mitigate1 and enhance aquatic life and wildlife4 7,c7 ,recreation4 7,d7 ,municipal1 industrial1 and domestic use4 4 7c7 ,lake ,cle ,elum ,authorization of ,appropriations ,section #abjf7;a77#a7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj71 is amended1 in the matter preceding subparagraph 7,a71 by striking at ,september and all that follows through to-- and inserting not more than #ab1jjj1jjj to--4 7d7 ,enhancement of water supplies for ,yakima basin tributaries ,section #abjg of ,public ,law #ajc-dcd 7#ajh ,stat4 #defj7 is amended-- 7#a7 in the heading1 by striking supplies and inserting management2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking supplies and inserting management2 7,b7 in paragraph 7#a71 by inserting and water supply entities after owners2 and 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting that choose not to participate or opt out of tributary enhancement projects pursuant to this section after water right owners2 and 7ii7 in subparagraph 7,b71 by inserting nonparticipating before tributary water users2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the paragraph designation and all that follows through 7but not limited to7-- and inserting the following3 7#a7 ,in general ,the ,secretary1 following consultation with the ,state of ,washington1 tributary water right owners1 and the ,yakama ,nation1 and on agreement of appropriate water right owners1 is authorized to conduct studies to evaluate measures to further ,yakima ,project purposes on tributaries to the ,yakima ,river4 ,enhancement programs that use measures authorized by this subsection may be investigated and implemented by the ,secretary in tributaries to the ,yakima ,river1 including ,taneum ,creek1 other areas1 or tributary basins that currently or could potentially be provided supplemental or transfer water by entities1 such as the ,kittitas ,reclamation ,district or the ,yakima-,tieton ,irrigation ,district1 subject to the condition that activities may commence on completion of applicable and required feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development1 as appropriate4 ,measures to evaluate include-- 2 7ii7 by indenting subparagraphs 7,a7 through 7,f7 appropriately2 7iii7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 including irrigation efficiency improvements 7in coordination with programs of the ,department of ,agriculture71 consolidation of diversions or administration1 and diversion scheduling or coordination2 7iv7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,e7 through 7,h71 respectively2 7v7 by inserting after subparagraph 7,b7 the following3 7,c7 improvements in irrigation system management or delivery facilities within the ,yakima ,river basin when those improvements allow for increased irrigation system conveyance and corresponding reduction in diversion from tributaries or flow enhancements to tributaries through direct flow supplementation or groundwater recharge2 7,d7 improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows caused by the use of natural streams for conveyance or irrigation water or return water2 2 7vi7 in subparagraph 7,e7 7as redesignated by clause 7iv771 by striking ground water and inserting groundwater recharge and2 7vii7 in subparagraph 7,g7 7as redesignated by clause 7iv771 by inserting or transfer after purchase2 and 7viii7 in subparagraph 7,h7 7as redesignated by clause 7iv771 by inserting stream processes and before stream habitats2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the ,taneum ,creek study and inserting studies under this subsection2 7ii7 in subparagraph 7,b7-- 7,i7 by striking and economic and inserting 1 infrastructure1 economic1 and land use2 and 7,,ii7 by striking and at the end2 7iii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,d7 any related studies already underway or undertaken4 2 and 7,c7 in paragraph 7#c71 in the first sentence1 by inserting of each tributary or group of tributaries after study2 7#d7 in subsection 7c7-- 7,a7 in the heading1 by inserting and nonsurface storage after nonstorage2 and 7,b7 in the matter preceding paragraph 7#a71 by inserting and nonsurface storage after nonstorage2 7#e7 by striking subsection 7d72 7#f7 by redesignating subsection 7e7 as subsection 7d72 and 7#g7 in paragraph 7#b7 of subsection 7d7 7as so redesignated7-- 7,a7 in the first sentence-- 7i7 by inserting and implementation after investigation2 7ii7 by striking other before ,yakima ,river2 and 7iii7 by inserting and other water supply entities after owners2 and 7,b7 by striking the second sentence4 7e7 ,chandler pumping plant and powerplant-operations at ,prosser ,diversion ,dam ,section #abjh7;d7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defb2 #aad ,stat4 #adbe7 is amended by inserting negatively before affected4 7f7 ,interim ,comprehensive ,basin ,operating ,plan ,section #abaj7;c7 of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by striking #ajj1jjj and inserting #bjj1jjj4 7g7 ,environmental compliance ,section #abaa of ,public ,law #ajc-dcd 7#ajh ,stat4 #defd7 is amended by striking #b1jjj1jjj and inserting #e1jjj1jjj4 #ajcbe4 ,authorization of ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project ,title ,,xii of ,public ,law #ajc-dcd 7#ajh ,stat4 #deej7 is amended by adding at the end the following3 #abac4 ,authorization of the integrated plan as ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project 7a7 ,integrated ,plan 7#a7 ,in general ,the ,secretary shall implement the ,integrated ,plan as ,phase ,,iii of the ,yakima ,river ,basin ,water ,enhancement ,project in accordance with this section and applicable laws4 7#b7 ,initial development phase of the integrated plan 7,a7 ,in general ,the ,secretary1 in coordination with the ,state of ,washington and ,yakama ,nation and subject to feasibility studies1 environmental reviews1 and the availability of appropriations1 shall implement an initial development phase of the ,integrated ,plan1 to-- 7i7 complete the planning1 design1 and construction or development of upstream and downstream fish passage facilities1 as previously authorized by the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq47 at ,cle ,elum ,reservoir and another ,yakima ,project reservoir identified by the ,secretary as consistent with the ,integrated ,plan1 subject to the condition that1 if the ,yakima ,project reservoir identified by the ,secretary contains a hydropower project licensed by the ,federal ,energy ,regulatory ,commission1 the ,secretary shall cooperate with the ,federal ,energy ,regulatory ,commission in a timely manner to ensure that actions taken by the ,secretary are consistent with the applicable hydropower project license2 7ii7 negotiate long-term agreements with participating proratable irrigation entities in the ,yakima ,basin and1 acting through the ,bureau of ,reclamation1 coordinate between ,bureaus of the ,department of the ,interior and with the heads of other ,federal agencies to negotiate agreements concerning leases1 easements1 and rights-of-way on ,federal land1 and other terms and conditions determined to be necessary to allow for the non-,federal financing1 construction1 operation1 and maintenance of-- 7,i7 new facilities needed to access and deliver inactive storage in ,lake ,kachess for the purpose of providing drought relief for irrigation 7known as the ,kachess ,drought ,relief ,pumping ,plant72 and 7,,ii7 a conveyance system to allow transfer of water between ,keechelus ,reservoir to ,kachess ,reservoir for purposes of improving operational flexibility for the benefit of both fish and irrigation 7known as the ,k to ,k ,pipeline72 7iii7 participate in1 provide funding for1 and accept non-,federal financing for-- 7,i7 water conservation projects1 not subject to the provisions of the ,basin ,conservation ,program described in section #abjc1 that are intended to partially implement the ,integrated ,plan by providing #he1jjj acre-feet of conserved water to improve tributary and mainstem stream flow2 and 7,,ii7 aquifer storage and recovery projects2 7iv7 study1 evaluate1 and conduct feasibility analyses and environmental reviews of fish passage1 water supply 7including groundwater and surface water storage71 conservation1 habitat restoration projects1 and other alternatives identified as consistent with the purposes of this ,act1 for the initial and future phases of the ,integrated ,plan2 7v7 coordinate with and assist the ,state of ,washington in implementing a robust water market to enhance water management in the ,yakima ,river basin1 including-- 7,i7 assisting in identifying ways to encourage and increase the use of1 and reduce the barriers to1 water transfers1 leasing1 markets1 and other voluntary transactions among public and private entities in the ,yakima ,river basin2 7,,ii7 providing technical assistance1 including scientific data and market information2 and 7,,iii7 negotiating agreements that would facilitate voluntary water transfers between entities1 including as appropriate1 the use of federally managed infrastructure2 and 7vi7 enter into cooperative agreements with1 or1 subject to a minimum non-,federal cost-sharing requirement of #ej percent1 make grants to1 the ,yakama ,nation1 the ,state of ,washington1 ,yakima ,river basin irrigation districts1 water districts1 conservation districts1 other local governmental entities1 nonprofit organizations1 and land owners to carry out this title under such terms and conditions as the ,secretary may require1 including the following purposes3 7,i7 ,land and water transfers1 leases1 and acquisitions from willing participants1 so long as the acquiring entity shall hold title and be responsible for any and all required operations1 maintenance1 and management of that land and water4 7,,ii7 ,to combine or relocate diversion points1 remove fish barriers1 or for other activities that increase flows or improve habitat in the ,yakima ,river and its tributaries in furtherance of this title4 7,,iii7 ,to implement1 in partnership with ,federal and non-,federal entities1 projects to enhance the health and resilience of the watershed4 7,b7 ,commencement date ,the ,secretary shall commence implementation of the activities included under the initial development phase pursuant to this paragraph-- 7i7 on the date of enactment of this section2 and 7ii7 on completion of applicable feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development4 7#c7 ,intermediate and final phases 7,a7 ,in general ,the ,secretary1 in coordination with the ,state of ,washington and in consultation with the ,yakama ,nation1 shall develop plans for intermediate and final development phases of the ,integrated ,plan to achieve the purposes of this ,act1 including conducting applicable feasibility studies1 environmental reviews1 and other relevant studies needed to develop the plans4 7,b7 ,intermediate phase ,the ,secretary shall develop an intermediate development phase to implement the ,integrated ,plan that1 subject to authorization and appropriation1 would commence not later than #aj years after the date of enactment of this section4 7,c7 ,final phase ,the ,secretary shall develop a final development phase to implement the ,integrated ,plan that1 subject to authorization and appropriation1 would commence not later than #bj years after the date of enactment of this section4 7#d7 ,contingencies ,the implementation by the ,secretary of projects and activities identified for implementation under the ,integrated ,plan shall be-- 7,a7 subject to authorization and appropriation2 7,b7 contingent on the completion of applicable feasibility studies1 environmental reviews1 and cost-benefit analyses that include favorable recommendations for further project development2 7,c7 implemented on public review and a determination by the ,secretary that design1 construction1 and operation of a proposed project or activity is in the best interest of the public2 and 7,d7 in compliance with all applicable laws1 including 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 seq474 7#e7 ,progress report 7,a7 ,in general ,not later than #e years after the date of enactment of this section1 the ,secretary1 in conjunction with the ,state of ,washington and in consultation with the ,yakama ,nation1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a progress report on the development and implementation of the ,integrated ,plan4 7,b7 ,requirements ,the progress report under this paragraph shall-- 7i7 provide a review and reassessment1 if needed1 of the objectives of the ,integrated ,plan1 as applied to all elements of the ,integrated ,plan2 7ii7 assess1 through performance metrics developed at the initiation of1 and measured throughout the implementation of1 the ,integrated ,plan1 the degree to which the implementation of the initial development phase addresses the objectives and all elements of the ,integrated ,plan2 7iii7 identify the amount of ,federal funding and non-,federal contributions received and expended during the period covered by the report2 7iv7 describe the pace of project development during the period covered by the report2 7v7 identify additional projects and activities proposed for inclusion in any future phase of the ,integrated ,plan to address the objectives of the ,integrated ,plan1 as applied to all elements of the ,integrated ,plan2 and 7vi7 for water supply projects-- 7,i7 provide a preliminary discussion of the means by which-- 7aa7 water and costs associated with each recommended project would be allocated among authorized uses2 and 7bb7 those allocations would be consistent with the objectives of the ,integrated ,plan2 and 7,,ii7 establish a plan for soliciting and formalizing subscriptions among individuals and entities for participation in any of the recommended water supply projects that will establish the terms for participation1 including fiscal obligations associated with subscription4 7b7 ,financing1 construction1 operation1 and maintenance of ,kachess ,drought ,relief ,pumping ,plant and ,k to ,k ,pipeline 7#a7 ,agreements ,long-term agreements negotiated between the ,secretary and participating proratable irrigation entities in the ,yakima ,basin for the non-,federal financing1 construction1 operation1 and maintenance of the ,drought ,relief ,pumping ,plant and ,k to ,k ,pipeline shall include provisions regarding-- 7,a7 responsibilities of the participating proratable irrigation entities for the planning1 design1 and construction of infrastructure in consultation and coordination with the ,secretary2 7,b7 property titles and responsibilities of the participating proratable irrigation entities for the maintenance of and liability for all infrastructure constructed under this title2 7,c7 operation and integration of the projects by the ,secretary in the operation of the ,yakima ,project2 7,d7 costs associated with the design1 financing1 construction1 operation1 maintenance1 and mitigation of projects1 with the costs of ,federal oversight and review to be nonreimbursable to the participating proratable irrigation entities and the ,yakima ,project2 and 7,e7 responsibilities for the pumping and operational costs necessary to provide the total water supply available made inaccessible due to drought pumping during the preceding #a or more calendar years1 in the event that the ,kachess ,reservoir fails to refill as a result of pumping drought storage water during the preceding #a or more calendar years1 which shall remain the responsibility of the participating proratable irrigation entities4 7#b7 ,use of ,kachess ,reservoir stored water 7,a7 ,in general ,the additional stored water made available by the construction of facilities to access and deliver inactive storage in ,kachess ,reservoir under subsection 7a77#b77;,a77ii77,i7 shall-- 7i7 be considered to be ,yakima ,project water2 7ii7 not be part of the total water supply available1 as that term is defined in various court rulings2 and 7iii7 be used exclusively by the ,secretary-- 7,i7 to enhance the water supply in years when the total water supply available is not sufficient to provide #gj percent of proratable entitlements in order to make that additional water available up to #gj percent of proratable entitlements to the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or other proratable irrigation entities participating in the construction1 operation1 and maintenance costs of the facilities under this title under such terms and conditions to which the districts may agree1 subject to the conditions that-- 7aa7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 may also obtain water from ,kachess ,reservoir inactive storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the ,bureau of ,indian ,affairs and the ,yakama ,nation may agree2 and 7bb7 the additional supply made available under this clause shall be available to participating individuals and entities in proportion to the proratable entitlements of the participating individuals and entities1 or in such other proportion as the participating entities may agree2 and 7,,ii7 to facilitate reservoir operations in the reach of the ,yakima ,river between ,keechelus ,dam and ,easton ,dam for the propagation of anadromous fish4 7,b7 ,effect of paragraph ,nothing in this paragraph affects 7as in existence on the date of enactment of this section7 any contract1 law 7including regulations7 relating to repayment costs1 water right1 or ,yakama ,nation treaty right4 7#c7 ,commencement ,the ,secretary shall not commence entering into agreements pursuant to subsection 7a77#b77;,a77ii7 or subsection 7b77#a7 or implementing any activities pursuant to the agreements before the date on which-- 7,a7 all applicable and required feasibility studies1 environmental reviews1 and cost-benefit analyses have been completed and include favorable recommendations for further project development1 including an analysis of-- 7i7 the impacts of the agreements and activities conducted pursuant to subsection 7a77#b77;,a77ii7 on adjacent communities1 including potential fire hazards1 water access for fire districts1 community and homeowner wells1 future water levels based on projected usage1 recreational values1 and property values2 and 7ii7 specific options and measures for mitigating the impacts1 as appropriate2 7,b7 the ,secretary has made the agreements and any applicable project designs1 operations plans1 and other documents available for public review and comment in the ,federal ,register for a period of not less than #fj days2 and 7,c7 the ,secretary has made a determination1 consistent with applicable law1 that the agreements and activities to which the agreements relate-- 7i7 are in the public interest2 and 7ii7 could be implemented without significant adverse impacts to the environment4 7#d7 ,electrical power associated with ,kachess drought relief pumping plant 7,a7 ,in general ,the ,administrator of the ,bonneville ,power ,administration1 pursuant to the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci et seq471 shall provide to the ,secretary project power to operate the ,kachess ,pumping ,plant constructed under this title if inactive storage in ,kachess ,reservoir is needed to provide drought relief for irrigation1 subject to the requirements of subparagraphs 7,b7 and 7,c74 7,b7 ,determination ,power may be provided under subparagraph 7,a7 only if-- 7i7 there is in effect a drought declaration issued by the ,state of ,washington2 7ii7 there are conditions that have led to #gj percent or less water delivery to proratable irrigation districts1 as determined by the ,secretary2 and 7iii7 the ,secretary determines that it is appropriate to provide power under that subparagraph4 7,c7 ,period of availability ,power under subparagraph 7,a7 shall be provided until the date on which the ,secretary determines that power should no longer be provided under that subparagraph1 but for not more than a #a-year period or the period during which the ,secretary determines that drought mitigation measures are necessary in the ,yakima ,river basin4 7,d7 ,rate ,the ,administrator of the ,bonneville ,power ,administration shall provide power under subparagraph 7,a7 at the then-applicable lowest ,bonneville ,power ,administration rate for public body1 cooperative1 and ,federal agency customers firm obligations1 which as of the date of enactment of this section is the priority firm ,tier #a rate1 and shall not include any irrigation discount4 7,e7 ,local provider ,during any period in which power is not being provided under subparagraph 7,a71 the power needed to operate the ,kachess ,pumping ,plant shall be obtained by the ,secretary from a local provider4 7,f7 ,costs ,the cost of power for such pumping1 station service power1 and all costs of transmitting power from the ,federal ,columbia ,river ,power ,system to the ,yakima ,enhancement ,project pumping facilities shall be borne by irrigation districts receiving the benefits of that water4 7,g7 ,duties of commissioner ,the ,commissioner of ,reclamation shall be responsible for arranging transmission for deliveries of ,federal power over the ,bonneville system through applicable tariff and business practice processes of the ,bonneville system and for arranging transmission for deliveries of power obtained from a local provider4 7c7 ,design and use of groundwater recharge projects 7#a7 ,in general ,any water supply that results from an aquifer storage and recovery project shall not be considered to be a part of the total water supply available if-- 7,a7 the water for the aquifer storage and recovery project would not be available for use1 but instead for the development of the project2 7,b7 the aquifer storage and recovery project will not otherwise impair any water supply available for any individual or entity entitled to use the total water supply available2 and 7,c7 the development of the aquifer storage and recovery project will not impair fish or other aquatic life in any localized stream reach4 7#b7 ,project types ,the ,secretary may provide technical assistance for1 and participate in1 any of the following #c types of groundwater recharge projects 7including the incorporation of groundwater recharge projects into ,yakima ,project operations1 as appropriate73 7,a7 ,aquifer recharge projects designed to redistribute ,yakima ,project water within a water year for the purposes of supplementing stream flow during the irrigation season1 particularly during storage control1 subject to the condition that if such a project is designed to supplement a mainstem reach1 the water supply that results from the project shall be credited to instream flow targets1 in lieu of using the total water supply available to meet those targets4 7,b7 ,aquifer storage and recovery projects that are designed1 within a given water year or over multiple water years-- 7i7 to supplement or mitigate for municipal uses2 7ii7 to supplement municipal supply in a subsurface aquifer2 or 7iii7 to mitigate the effect of groundwater use on instream flow or senior water rights4 7,c7 ,aquifer storage and recovery projects designed to supplement existing irrigation water supply1 or to store water in subsurface aquifers1 for use by the ,kittitas ,reclamation ,district1 the ,roza ,irrigation ,district1 or any other proratable irrigation entity participating in the repayment of the construction1 operation1 and maintenance costs of the facilities under this section during years in which the total water supply available is insufficient to provide to those proratable irrigation entities all water to which the entities are entitled1 subject to the conditions that-- 7i7 the ,bureau of ,indian ,affairs1 the ,wapato ,irrigation ,project1 and the ,yakama ,nation1 on an election to participate1 may also obtain water from aquifer storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the ,bureau of ,indian ,affairs and the ,yakama ,nation may agree2 and 7ii7 nothing in this subparagraph affects 7as in existence on the date of enactment of this section7 any contract1 law 7including regulations7 relating to repayment costs1 water right1 or ,yakama ,nation treaty right4 7d7 ,federal cost-share 7#a7 ,in general ,the ,federal cost-share of a project carried out under this section shall be determined in accordance with the applicable laws 7including regulations7 and policies of the ,bureau of ,reclamation4 7#b7 ,initial phase ,the ,federal cost-share for the initial development phase of the ,integrated ,plan shall not exceed #ej percent of the total cost of the initial development phase4 7#c7 ,state and other contributions ,the ,secretary may accept as part of the non-,federal cost-share of a project carried out under this section1 and expend as if appropriated1 any contribution 7including in-kind services7 by the ,state of ,washington or any other individual or entity that the ,secretary determines will enhance the conduct and completion of the project4 7#d7 ,limitation on use of other ,federal funds ,except as otherwise provided in this title1 other ,federal funds may not be used to provide the non-,federal cost-share of a project carried out under this section4 7e7 ,savings and contingencies ,nothing in this section shall-- 7#a7 be a new or supplemental benefit for purposes of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cij;aa et seq472 7#b7 affect any contract in existence on the date of enactment of the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjaf that was executed pursuant to the reclamation laws2 7#c7 affect any contract or agreement between the ,bureau of ,indian ,affairs and the ,bureau of ,reclamation2 7#d7 affect1 waive1 abrogate1 diminish1 define1 or interpret the treaty between the ,yakama ,nation and the ,united ,states2 or 7#e7 constrain the continued authority of the ,secretary to provide fish passage in the ,yakima ,basin in accordance with the ,hoover ,power ,plant ,act of #aihd 7#dc ,u4,s4,c4 #fai et seq474 #abad4 ,operational control of water supplies ,the ,secretary shall retain authority and discretion over the management of project supplies to optimize operational use and flexibility to ensure compliance with all applicable ,federal and ,state laws1 treaty rights of the ,yakama ,nation1 and legal obligations1 including those contained in this ,act4 ,that authority and discretion includes the ability of the ,united ,states to store1 deliver1 conserve1 and reuse water supplies deriving from projects authorized under this title4 4 ,b ,klamath ,project water and power #ajcbi4 ,klamath ,project 7a7 ,addressing water management and power costs for irrigation ,the ,klamath ,basin ,water ,supply ,enhancement ,act of #bjjj 7,public ,law #ajf-dih2 #aad ,stat4 #bbba7 is amended-- 7#a7 by redesignating sections #d through #f as sections #e through #g1 respectively2 and 7#b7 by inserting after section #c the following3 #d4 ,power and water management 7a7 ,definitions ,in this section3 7#a7 ,covered power use ,the term covered power use means a use of power to develop or manage water for irrigation1 wildlife purposes1 or drainage on land that is-- 7,a7 associated with the ,klamath ,project1 including land within a unit of the ,national ,wildlife ,refuge ,system that receives water due to the operation of ,klamath ,project facilities2 or 7,b7 irrigated by the class of users covered by the agreement dated ,april #cj1 #aief1 between the ,california ,oregon ,power ,company and ,klamath ,basin ,water ,users ,protective ,association and within the ,off ,project ,area 7as defined in the ,upper ,basin ,comprehensive ,agreement entered into on ,april #ah1 #bjad71 only if each applicable owner and holder of a possessory interest of the land is a party to that agreement 7or a successor agreement that the ,secretary determines provides a comparable benefit to the ,united ,states74 7#b7 ,klamath project 7,a7 ,in general ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon4 7,b7 ,inclusions ,the term ,klamath ,project includes any dams1 canals1 and other works and interests for water diversion1 storage1 delivery1 and drainage1 flood control1 and similar functions that are part of the project described in subparagraph 7,a74 7#c7 ,power cost benchmark ,the term power cost benchmark means the average net delivered cost of power for irrigation and drainage at ,reclamation projects in the area surrounding the ,klamath ,project that are similarly situated to the ,klamath ,project1 including ,reclamation projects that-- 7,a7 are located in the ,pacific ,northwest2 and 7,b7 receive project-use power4 7b7 ,water1 environmental1 and power activities 7#a7 ,in general ,pursuant to the reclamation laws and subject to appropriations and required environmental reviews1 the ,secretary may carry out activities1 including entering into an agreement or contract or otherwise making financial assistance available-- 7,a7 to plan1 implement1 and administer programs to align water supplies and demand for irrigation water users associated with the ,klamath ,project1 with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users2 7,b7 to plan and implement activities and projects that-- 7i7 avoid or mitigate environmental effects of irrigation activities2 or 7ii7 restore habitats in the ,klamath ,basin watershed1 including restoring tribal fishery resources held in trust2 and 7,c7 to limit the net delivered cost of power for covered power uses4 7#b7 ,effect ,nothing in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 authorizes the ,secretary-- 7,a7 to develop or construct new facilities for the ,klamath ,project without appropriate approval from ,congress under section #i of the ,reclamation ,projects ,act of #aici 7#dc ,u4,s4,c4 #dhe;h72 or 7,b7 to carry out activities that have not otherwise been authorized4 7c7 ,reducing power costs 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjaf1 the ,secretary1 in consultation with interested irrigation interests that are eligible for covered power use and representative organizations of those interests1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that-- 7,a7 identifies the power cost benchmark2 and 7,b7 recommends actions that1 in the judgment of the ,secretary1 are necessary and appropriate to ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark1 including a description of-- 7i7 actions to immediately reduce power costs and to have the net delivered power cost for covered power use be equal to or less than the power cost benchmark in the near term1 while longer-term actions are being implemented2 7ii7 actions that prioritize water and power conservation and efficiency measures and1 to the extent actions involving the development or acquisition of power generation are included1 renewable energy technologies 7including hydropower72 7iii7 the potential costs and timeline for the actions recommended under this subparagraph2 7iv7 provisions for modifying the actions and timeline to adapt to new information or circumstances2 and 7v7 a description of public input regarding the proposed actions1 including input from water users that have covered power use and the degree to which those water users concur with the recommendations4 7#b7 ,implementation ,not later than #ahj days after the date of submission of the report under paragraph 7#a71 the ,secretary shall implement those recommendations described in the report that the ,secretary determines will ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark1 subject to availability of appropriations1 on the fastest practicable timeline4 7#c7 ,annual reports ,the ,secretary shall submit to each ,committee described in paragraph 7#a7 annual reports describing progress achieved in meeting the requirements of this subsection4 7d7 ,treatment of power purchases 7#a7 ,in general ,any purchase of power by the ,secretary under this section shall be considered to be an authorized sale for purposes of section #e7;b77#c7 of the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci;c7b77#c774 7#b7 ,effect ,nothing in this section authorizes the ,bonneville ,power ,administration to make a sale of power from the ,federal ,columbia ,river ,power ,system at rates1 terms1 or conditions better than those afforded preference customers of the ,bonneville ,power ,administration4 7e7 ,goals ,the goals of activities under subsections 7b7 and 7c7 shall include1 as applicable-- 7#a7 the short-term and long-term reduction and resolution of conflicts relating to water in the ,klamath ,basin watershed2 and 7#b7 compatibility and utility for protecting natural resources throughout the ,klamath ,basin watershed1 including the protection1 preservation1 and restoration of ,klamath ,river tribal fishery resources1 particularly through collaboratively developed agreements4 7f7 ,pumping ,plant ,d ,the ,secretary may enter into #a or more agreements with the ,tulelake ,irrigation ,district to reimburse the ,tulelake ,irrigation ,district for not more than #fi percent of the cost incurred by the ,tulelake ,irrigation ,district for the operation and maintenance of ,pumping ,plant ,d1 on the condition that the cost benefits the ,united ,states4 4 7b7 ,conveyance of non-,project water2 replacement of ,c ,canal 7#a7 ,definition of ,klamath ,project ,in this subsection3 7,a7 ,in general ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon4 7,b7 ,inclusions ,the term ,klamath ,project includes any dams1 canals1 and other works and interests for water diversion1 storage1 delivery1 and drainage1 flood control1 and similar functions that are part of the project described in subparagraph 7,a74 7#b7 ,conveyance of non-,project water 7,a7 ,in general ,an entity operating under a contract entered into with the ,united ,states for the operation and maintenance of ,klamath ,project works or facilities1 and an entity operating any work or facility not owned by the ,united ,states that receives ,klamath ,project water1 may use any of the ,klamath ,project works or facilities to convey non-,klamath ,project water for any authorized purpose of the ,klamath ,project1 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,permits2 measurement ,an addition1 conveyance1 and use of water pursuant to subparagraph 7,a7 shall be subject to the requirements that-- 7i7 the applicable entity shall secure all permits required under ,state or local laws2 and 7ii7 all water delivered into1 or taken out of1 a ,klamath ,project facility pursuant to that subparagraph shall be measured4 7,c7 ,effect ,a use of non-,klamath ,project water under this paragraph shall not-- 7i7 adversely affect the delivery of water to any water user or land served by the ,klamath ,project2 or 7ii7 result in any additional cost to the ,united ,states4 7#c7 ,replacement of ,c ,canal flume ,the replacement of the ,c ,canal flume within the ,klamath ,project shall be considered to be1 and shall receive the treatment authorized for1 emergency extraordinary operation and maintenance work in accordance with ,federal reclamation law 7the ,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 seq4774 7c7 ,administration 7#a7 ,compliance ,in implementing this section and the amendments made by this section1 the ,secretary of the ,interior shall comply with-- 7,a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 and 7,c7 all other applicable laws4 7#b7 ,effect ,nothing in this section-- 7,a7 modifies the authorities or obligations of the ,united ,states with respect to the tribal trust and treaty obligations of the ,united ,states2 or 7,b7 creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this ,act4 ,,iv ,reservoir operation improvement #ajcca4 ,reservoir operation improvement 7a7 ,definitions ,in this section3 7#a7 ,reserved works ,the term reserved works means any ,bureau of ,reclamation project facility at which the ,secretary of the ,interior carries out the operation and maintenance of the project facility4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,army4 7#c7 ,transferred works ,the term transferred works means a ,bureau of ,reclamation project facility1 the operation and maintenance of which is carried out by a non-,federal entity1 under the provisions of a formal operation and maintenance transfer contract4 7#d7 ,transferred works operating entity ,the term transferred works operating entity means the organization that is contractually responsible for operation and maintenance of transferred works4 7b7 ,report ,not later than #cfj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report including1 for any ,state in which a county designated by the ,secretary of ,agriculture as a drought disaster area during water year #bjae is located1 a list of projects1 including ,corps of ,engineers projects1 and those non-,federal projects and transferred works that are operated for flood control in accordance with rules prescribed by the ,secretary pursuant to section #g of the ,act of ,december #bb1 #aidd 7commonly known as the ,flood ,control ,act of #aidd7 7#eh ,stat4 #hij1 chapter #ffe71 including1 as applicable-- 7#a7 the year the original water control manual was approved2 7#b7 the year for any subsequent revisions to the water control plan and manual of the project2 7#c7 a list of projects for which-- 7,a7 operational deviations for drought contingency have been requested2 7,b7 the status of the request2 and 7,c7 a description of how water conservation and water quality improvements were addressed2 and 7#d7 a list of projects for which permanent or seasonal changes to storage allocations have been requested1 and the status of the request4 7c7 ,project identification ,not later than #fj days after the date of completion of the report under subsection 7b71 the ,secretary shall identify any projects described in the report-- 7#a7 for which the modification of the water operations manuals1 including flood control rule curve1 would be likely to enhance existing authorized project purposes1 including for water supply benefits and flood control operations2 7#b7 for which the water control manual and hydrometeorological information establishing the flood control rule curves of the project have not been substantially revised during the #ae-year period ending on the date of review by the ,secretary2 and 7#c7 for which the non-,federal sponsor or sponsors of a ,corps of ,engineers project1 the owner of a non-,federal project1 or the non-,federal transferred works operating entity1 as applicable1 has submitted to the ,secretary a written request to revise water operations manuals1 including flood control rule curves1 based on the use of improved weather forecasting or run-off forecasting methods1 new watershed data1 changes to project operations1 or structural improvements4 7d7 ,pilot projects 7#a7 ,in general ,not later than #a year after the date of identification of projects under subsection 7c71 if any1 the ,secretary shall carry out not fewer than #ae pilot projects1 which shall include not less than #f non-,federal projects1 to implement revisions of water operations manuals1 including flood control rule curves1 based on the best available science1 which may include-- 7,a7 forecast-informed operations2 7,b7 new watershed data2 and 7,c7 if applicable1 in the case of non-,federal projects1 structural improvements4 7#b7 ,consultation ,in implementing a pilot project under this subsection1 the ,secretary shall consult with all affected interests1 including-- 7,a7 non-,federal entities responsible for operations and maintenance costs of a ,federal facility2 7,b7 individuals and entities with storage entitlements2 and 7,c7 local agencies with flood control responsibilities downstream of a facility4 7e7 ,coordination with non-federal project entities ,if a project identified under subsection 7c7 is-- 7#a7 a non-,federal project1 the ,secretary1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with the non-,federal project owner2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with the non-,federal project owner describing the scope and goals of the activity and the coordination among the parties2 and 7#b7 a ,federal project1 the ,secretary1 prior to carrying out an activity under this section1 shall-- 7,a7 consult with each ,federal and non-,federal entity 7including a municipal water district1 irrigation district1 joint powers authority1 transferred works operating entity1 or other local governmental entity7 that currently-- 7i7 manages 7in whole or in part7 a ,federal dam or reservoir2 or 7ii7 is responsible for operations and maintenance costs2 and 7,b7 enter into a cooperative agreement1 memorandum of understanding1 or other agreement with each such entity describing the scope and goals of the activity and the coordination among the parties4 7f7 ,consideration ,in designing and implementing a forecast-informed reservoir operations plan under subsection 7d7 or 7g71 the ,secretary may consult with the appropriate agencies within the ,department of the ,interior and the ,department of ,commerce with expertise in atmospheric1 meteorological1 and hydrologic science to consider-- 7#a7 the relationship between ocean and atmospheric conditions1 including-- 7,a7 the ,el ,nio and ,la ,nia cycles2 and 7,b7 the potential for above-normal1 normal1 and below-normal rainfall for the coming water year1 including consideration of atmospheric river forecasts2 7#b7 the precipitation and runoff index specific to the basin and watershed of the relevant dam or reservoir1 including incorporating knowledge of hydrological and meteorological conditions that influence the timing and quantity of runoff2 7#c7 improved hydrologic forecasting for precipitation1 snowpack1 and soil moisture conditions2 7#d7 an adjustment of operational flood control rule curves to optimize water supply storage and reliability1 hydropower production1 environmental benefits for flows and temperature1 and other authorized project benefits1 without a reduction in flood safety2 and 7#e7 proactive management in response to changes in forecasts4 7g7 ,funding ,the ,secretary may accept and expend amounts from non-,federal entities and other ,federal agencies to fund all or a portion of the cost of carrying out a review or revision of operational documents1 including water control plans1 water control manuals1 water control diagrams1 release schedules1 rule curves1 operational agreements with non-,federal entities1 and any associated environmental documentation for-- 7#a7 a ,corps of ,engineers project2 7#b7 a non-,federal project regulated for flood control by the ,secretary2 or 7#c7 a ,bureau of ,reclamation transferred works regulated for flood control by the ,secretary4 7h7 ,effect 7#a7 ,manual revisions ,a revision of a manual shall not interfere with the authorized purposes of a ,federal project or the existing purposes of a non-,federal project regulated for flood control by the ,secretary4 7#b7 ,effect of section 7,a7 ,nothing in this section authorizes the ,secretary to carry out1 at a ,federal dam or reservoir1 any project or activity for a purpose not otherwise authorized as of the date of enactment of this ,act4 7,b7 ,nothing in this section affects or modifies any obligation of the ,secretary under ,state law4 7,c7 ,nothing in this section affects or modifies any obligation to comply with any applicable ,federal law4 7#c7 ,bureau of reclamation reserved works excluded ,this section-- 7,a7 shall not apply to any dam or reservoir operated by the ,bureau of ,reclamation as a reserved work1 unless all non-,federal project sponsors of a reserved work jointly provide to the ,secretary a written request for application of this section to the project2 and 7,b7 shall apply only to ,bureau of ,reclamation transferred works at the written request of the transferred works operating entity4 7#d7 ,prior studies ,the ,secretary shall-- 7,a7 to the maximum extent practicable1 coordinate the efforts of the ,secretary in carrying out subsections 7b71 7c71 and 7d7 with the efforts of the ,secretary in completing-- 7i7 the report required under section #ajdf7;a77#b77;,a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #bcai note2 ,public ,law #aac-aba72 and 7ii7 the updated report required under subsection 7a77#b77;,b7 of that section2 and 7,b7 if the reports are available before the date on which the ,secretary carries out the actions described in subsections 7b71 7c71 and 7d71 consider the findings of the reports described in clauses 7i7 and 7ii7 of subparagraph 7,a74 7i7 ,modifications to manuals and curves ,not later than #ahj days after the date of completion of a modification to an operations manual or flood control rule curve1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report regarding the components of the forecast-based reservoir operations plan incorporated into the change4 ,v ,hydroelectric projects #ajcda4 ,terror ,lake ,hydroelectric ,project ,upper ,hidden ,basin ,diversion authorization 7a7 ,definitions ,in this section3 7#a7 ,terror ,lake ,hydroelectric ,project ,the term ,terror ,lake ,hydroelectric ,project means the project identified in section #acbe of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #cbab71 and which is ,federal ,energy ,regulatory ,commission project number #bgdc4 7#b7 ,upper ,hidden ,basin ,diversion ,expansion ,the term ,upper ,hidden ,basin ,diversion ,expansion means the expansion of the ,terror ,lake ,hydroelectric ,project as generally described in ,exhibit ,e to the ,upper ,hidden ,basin ,grant ,application dated ,july #b1 #bjad and submitted to the ,alaska ,energy ,authority ,renewable ,energy ,fund ,round ,,viii by ,kodiak ,electric ,association1 ,inc4 7b7 ,authorization ,the licensee for the ,terror ,lake ,hydroelectric ,project may occupy not more than #bj acres of ,federal land to construct1 operate1 and maintain the ,upper ,hidden ,basin ,diversion ,expansion without further authorization of the ,secretary of the ,interior or under the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #caja et seq474 7c7 ,savings clause ,the ,upper ,hidden ,basin ,diversion ,expansion shall be subject to appropriate terms and conditions included in an amendment to a license issued by the ,federal ,energy ,regulatory ,commission pursuant to the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq471 including section #d7;e7 of that ,act 7#af ,u4,s4,c4 #gig7;e771 following an environmental review by the ,commission under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #ajcdb4 ,stay and ,reinstatement of ,,ferc ,license ,no4 #aacic for the ,mahoney ,lake ,hydroelectric ,project 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,license ,the term license means the license for ,commission project number #aacic4 7#c7 ,licensee ,the term licensee means the holder of the license4 7b7 ,stay of license ,on the request of the licensee1 the ,commission shall issue an order continuing the stay of the license4 7c7 ,lifting of stay ,on the request of the licensee1 but not later than #aj years after the date of enactment of this ,act1 the ,commission shall-- 7#a7 issue an order lifting the stay of the license under subsection 7b72 and 7#b7 make the effective date of the license the date on which the stay is lifted under paragraph 7#a74 7d7 ,extension of license ,on the request of the licensee and notwithstanding the time period specified in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 for commencement of construction of the project subject to the license1 the ,commission shall1 after reasonable notice and in accordance with the good faith1 due diligence1 and public interest requirements of that section1 extend the time period during which the licensee is required to commence the construction of the project for not more than #c consecutive #b-year periods1 notwithstanding any other provision of law4 7e7 ,effect ,nothing in this section prioritizes1 or creates any advantage or disadvantage to1 ,commission project number #aacic under ,federal law1 including the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq47 or the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq471 as compared to-- 7#a7 any electric generating facility in existence on the date of enactment of this ,act2 or 7#b7 any electric generating facility that may be examined1 proposed1 or developed during the period of any stay or extension of the license under this section4 #ajcdc4 ,extension of deadline for hydroelectric project 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 7referred to in this section as the ,commission7 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 procedures of the ,commission 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 enactment of this ,act-- 7#a7 the ,commission shall reinstate the license effective as of the date of the expiration of the license2 and 7#b7 the first extension authorized under subsection 7a7 shall take effect on that expiration date4 #ajcdd4 ,extension of deadline for certain other hydroelectric projects 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 7referred to in this section as the ,commission7 projects numbered #abgcg and #abgdj1 the ,commission may1 at the request of the licensee for the applicable project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the procedures of the ,commission under that section1 extend the time period during which the licensee is required to commence the construction of the applicable 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 a project described in subsection 7a7 has expired prior to the date of enactment of this ,act-- 7#a7 the ,commission may reinstate the license for the applicable project effective as of the date of the expiration of the license2 and 7#b7 the first extension authorized under subsection 7a7 shall take effect on that expiration4 #ajcde4 ,equus ,beds ,division extension ,section #aj7;h7 of ,public ,law #hf-ghg 7#gd ,stat4 #ajbf2 #abj ,stat4 #adgd7 is amended by striking #aj years and inserting #bj years4 #ajcdf4 ,extension of time for a ,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 ,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 notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and 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 up to #d consecutive #b-year periods after the required date of the commencement of construction described in ,article #cja of the license4 7b7 ,reinstatement of expired license 7#a7 ,in general ,if the required date of the commencement of construction described in subsection 7a7 has expired prior to the date of enactment of this ,act1 the ,commission may reinstate the license effective as of that date of expiration4 7#b7 ,extension ,if the ,commission reinstates the license under paragraph 7#a71 the first extension authorized under subsection 7a7 shall take effect on the date of that expiration4 ,,vi ,pumped storage hydropower compensation #ajcea4 ,pumped storage hydropower compensation ,not later than #ahj days after the date of enactment of this ,act1 the ,federal ,energy ,regulatory ,commission shall initiate a proceeding to identify and determine the market1 procurement1 and cost recovery mechanisms that would-- 7#a7 encourage development of pumped storage hydropower assets2 and 7#b7 properly compensate those assets for the full range of services provided to the power grid1 including-- 7,a7 balancing electricity supply and demand2 7,b7 ensuring grid reliability2 and 7,c7 cost-effectively integrating intermittent power sources into the grid4 ,passed the ,senate ,april #bj1 #bjaf4,secretary