,,ii ,calendar ,no4 #afb #aaeth ,,congress #ast ,session ,s4 #adfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bh1 #bjag ,ms4 ,murkowski 7for herself and ,ms4 ,cantwell7 introduced the following bill2 which was read the first time ,june #bi1 #bjag,read the second time and placed on the calendar ,a ,,bill ,to provide for the modernization of the energy and natural resources policies of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,energy and ,natural ,resources ,act of #bjag4 #b4 ,organization of ,act into divisions2 table of contents 7a7 ,divisions ,this ,act is organized into #b divisions as follows3 7#a7 ,division ,a ,energy4 7#b7 ,division ,b ,natural ,resources4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,organization of ,act into divisions2 table of contents4 ,,division ,a--,energy ,sec4 #ajja4 ,definitions4 ,,title ,i--,efficiency ,subtitle ,a--,buildings ,sec4 #aaja4 ,greater energy efficiency in building codes4 ,sec4 #aajb4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units4 ,sec4 #aajc4 ,coordination of energy retrofitting assistance for schools4 ,sec4 #aajd4 ,energy efficiency materials pilot program4 ,sec4 #aaje4 ,utility energy service contracts4 ,sec4 #aajf4 ,use of energy and water efficiency measures in ,federal buildings4 ,sec4 #aajg4 ,building training and assessment centers4 ,sec4 #aajh4 ,career skills training4 ,sec4 #aaji4 ,energy-efficient and energy-saving information technologies4 ,sec4 #aaaj4 ,energy efficient data centers4 ,sec4 #aaaa4 ,weatherization ,assistance ,program4 ,sec4 #aaab4 ,reauthorization of ,state energy program4 ,sec4 #aaac4 ,smart building acceleration4 ,sec4 #aaad4 ,repeal of fossil phase-out4 ,sec4 #aaae4 ,federal building energy efficiency performance standards4 ,sec4 #aaaf4 ,federal building energy intensity improvement4 ,sec4 #aaag4 ,certification for green buildings4 ,sec4 #aaah4 ,high-performance green ,federal buildings4 ,sec4 #aaai4 ,evaluation of potentially duplicative green building programs4 ,sec4 #aabj4 ,study and report on energy savings benefits of operational efficiency programs and services4 ,sec4 #aaba4 ,use of ,federal disaster relief and emergency assistance for energy-efficient products and structures4 ,sec4 #aabb4 ,water,sense4 ,subtitle ,b--,appliances ,sec4 #abja4 ,extended product system rebate program4 ,sec4 #abjb4 ,energy efficient transformer rebate program4 ,sec4 #abjc4 ,third-party certification under ,energy ,star program4 ,sec4 #abjd4 ,application of energy conservation standards to certain external power supplies4 ,sec4 #abje4 ,clarification to effective date for regional standards4 ,sec4 #abjf4 ,modifying product definitions4 ,sec4 #abjg4 ,clarifying rulemaking procedures4 ,sec4 #abjh4 ,extension of nonapplication of no-load mode energy efficiency standard to certain security or life safety alarm or surveillance systems4 ,subtitle ,c--,manufacturing ,sec4 #acja4 ,manufacturing energy efficiency4 ,sec4 #acjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers4 ,sec4 #acjc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4 ,subtitle ,d--,vehicles ,sec4 #adja4 ,objectives4 ,sec4 #adjb4 ,coordination and nonduplication4 ,sec4 #adjc4 ,authorization of appropriations4 ,sec4 #adjd4 ,reporting4 ,,part ,i--,vehicle ,research and ,development ,sec4 #adaa4 ,program4 ,sec4 #adab4 ,manufacturing4 ,,part ,,ii--,medium- and ,heavy-,duty ,commercial and ,transit ,vehicles ,sec4 #adba4 ,program4 ,sec4 #adbb4 ,class #h truck and trailer systems demonstration4 ,sec4 #adbc4 ,technology testing and metrics4 ,sec4 #adbd4 ,nonroad systems pilot program4 ,,part ,,iii--,administration ,sec4 #adca4 ,repeal of existing authorities4 ,sec4 #adcb4 ,reauthorization of diesel emissions reduction program4 ,sec4 #adcc4 ,gaseous fuel dual fueled automobiles4 ,subtitle ,e--,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 ,sanctions for disclosure of critical electric infrastructure information4 ,sec4 #bjjb4 ,enhanced grid security4 ,subtitle ,b--,strategic ,petroleum ,reserve ,sec4 #baja4 ,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 ,subtitle ,d--,electricity ,sec4 #bcja4 ,grid storage program4 ,sec4 #bcjb4 ,electric 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 ,voluntary ,state1 regional1 and local electricity distribution planning4 ,sec4 #bcjg4 ,authorization of appropriations4 ,sec4 #bcjh4 ,power marketing administration agreements4 ,sec4 #bcji4 ,report by transmission organizations on distributed energy resources and interconnected micro-grid systems4 ,sec4 #bcaj4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal land containing electric transmission and distribution facilities4 ,sec4 #bcaa4 ,study of combined heat and power systems and waste heat to power systems4 ,sec4 #bcab4 ,bulk-power system reliability impact statement4 ,sec4 #bcac4 ,report by transmission organizations on diversity of supply4 ,sec4 #bcad4 ,technology demonstration on the distribution system4,,title ,,iii--,supply ,subtitle ,a--,renewables ,,part ,i--,hydroelectric ,sec4 #cjja4 ,federal ,power ,act amendments4 ,sec4 #cjjb4 ,evaluation of expedited licensing for qualified project upgrades4 ,sec4 #cjjc4 ,regulations to establish a #b-year process for certain nonpowered dams and closed-loop pumped storage projects4 ,sec4 #cjjd4 ,regionwide pilot program4 ,sec4 #cjje4 ,pumped storage hydropower4 ,sec4 #cjjf4 ,annual reports4 ,sec4 #cjjg4 ,synchronization of hydroelectric licensing processes of the ,bureau of ,reclamation and the ,federal ,energy ,regulatory ,commission4 ,sec4 #cjjh4 ,federal ,energy ,regulatory ,commission projects4 ,sec4 #cjji4 ,study of surrender or transfer of licenses for nonpowered sites4 ,sec4 #cjaj4 ,hydroelectric production incentives and efficiency improvements4 ,,part ,,ii--,geothermal ,sec4 #cjaa4 ,geothermal energy4 ,sec4 #cjab4 ,geothermal exploration test projects4 ,,part ,,iii--,marine ,hydrokinetic ,sec4 #cjba4 ,definition of marine and hydrokinetic renewable energy4 ,sec4 #cjbb4 ,marine and hydrokinetic renewable energy research and development4 ,sec4 #cjbc4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4 ,sec4 #cjbd4 ,authorization of appropriations4 ,,part ,,iv--,thermal ,energy ,sec4 #cjca4 ,modifying the definition of renewable energy to include thermal energy4 ,subtitle ,b--,oil and ,gas ,sec4 #caja4 ,methane hydrate research and development4 ,sec4 #cajb4 ,liquefied natural gas study4 ,sec4 #cajc4 ,,ferc process coordination4 ,sec4 #cajd4 ,department of the ,interior pilot program4 ,sec4 #caje4 ,,gao review and report4 ,sec4 #cajf4 ,ethane storage study4 ,sec4 #cajg4 ,report on incorporating ,internet-based lease sales4 ,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--,fossil ,energy ,sec4 #cdja4 ,fossil energy4 ,sec4 #cdjb4 ,establishment of coal technology program4 ,sec4 #cdjc4 ,report on carbon dioxide capture contracting authority4 ,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,,title ,,iv--,accountability ,subtitle ,a--,loan programs ,sec4 #djja4 ,terms and conditions for incentives for innovative technologies4 ,sec4 #djjb4 ,state loan eligibility4 ,sec4 #djjc4 ,fees for loans4 ,sec4 #djjd4 ,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 and ,office of ,science ,,part ,i--,innovation ,sec4 #dbja4 ,inclusion of early stage technology demonstration in authorized technology transfer activities4 ,sec4 #dbjb4 ,sense of ,congress on accelerating energy innovation4 ,sec4 #dbjc4 ,restoration of laboratory directed research and development program4 ,sec4 #dbjd4 ,research grants database4 ,sec4 #dbje4 ,technology transfer and transitions assessment4 ,sec4 #dbjf4 ,agreements for commercializing technology pilot program4 ,sec4 #dbjg4 ,short-term cost-share pilot program4 ,sec4 #dbjh4 ,quadrennial energy review4 ,sec4 #dbji4 ,crosscutting research and development4 ,sec4 #dbaj4 ,strategic research portfolio analysis and coordination plan4 ,sec4 #dbaa4 ,strategy for facilities and infrastructure4 ,sec4 #dbab4 ,energy ,innovation ,hubs4 ,sec4 #dbac4 ,advanced ,research ,projects ,agency-,energy4 ,,part ,,ii--,office of ,science ,sec4 #dbba4 ,mission of the ,office of ,science4 ,sec4 #dbbb4 ,basic energy sciences4 ,sec4 #dbbc4 ,advanced scientific computing research4 ,sec4 #dbbd4 ,high-energy physics4 ,sec4 #dbbe4 ,biological and environmental research4 ,sec4 #dbbf4 ,fusion energy4 ,sec4 #dbbg4 ,nuclear physics4 ,sec4 #dbbh4 ,science laboratories infrastructure program4 ,sec4 #dbbi4 ,basic research4 ,subtitle ,d--,management ,sec4 #dcja4 ,bureau of ,land ,management cooperation with ,states on rules and processes4 ,sec4 #dcjb4 ,under ,secretary for ,science and ,energy4 ,sec4 #dcjc4 ,energy emergency response efforts of the ,department4 ,sec4 #dcjd4 ,program to reduce the potential impacts of solar energy facilities on certain species4 ,subtitle ,e--,markets ,sec4 #ddja4 ,enhanced information on critical energy supplies4 ,sec4 #ddjb4 ,working ,group on ,energy ,markets4 ,sec4 #ddjc4 ,study of regulatory framework for energy markets4 ,subtitle ,f--,affordability ,sec4 #deja4 ,e-prize competition pilot program4 ,sec4 #dejb4 ,carbon dioxide capture technology prize4 ,subtitle ,g--,code maintenance ,sec4 #dfja4 ,repeal of off-highway motor vehicles study4 ,sec4 #dfjb4 ,repeal of methanol study4 ,sec4 #dfjc4 ,repeal of authorization of appropriations provision4 ,sec4 #dfjd4 ,repeal of residential energy efficiency standards study4 ,sec4 #dfje4 ,repeal of weatherization study4 ,sec4 #dfjf4 ,repeal of report to ,congress4 ,sec4 #dfjg4 ,repeal of report by ,general ,services ,administration4 ,sec4 #dfjh4 ,repeal of intergovernmental energy management planning and coordination workshops4 ,sec4 #dfji4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress4 ,sec4 #dfaj4 ,repeal of procurement and identification of energy efficient products program4 ,sec4 #dfaa4 ,repeal of national action plan for demand response4 ,sec4 #dfab4 ,repeal of national coal policy study4 ,sec4 #dfac4 ,repeal of study on compliance problem of small electric utility systems4 ,sec4 #dfad4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development4 ,sec4 #dfae4 ,repeal of study of the use of petroleum and natural gas in combustors4 ,sec4 #dfaf4 ,repeal of submission of reports4 ,sec4 #dfag4 ,repeal of electric utility conservation plan4 ,sec4 #dfah4 ,emergency ,energy ,conservation repeals4 ,sec4 #dfai4 ,energy ,security ,act repeals4 ,sec4 #dfbj4 ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj repeals4 ,sec4 #dfba4 ,elimination and consolidation of certain ,america ,,competes programs4 ,sec4 #dfbb4 ,repeal of state utility regulatory assistance4 ,sec4 #dfbc4 ,repeal of survey of energy saving potential4 ,sec4 #dfbd4 ,repeal of photovoltaic energy program4 ,sec4 #dfbe4 ,repeal of energy auditor training and certification4 ,sec4 #dfbf4 ,repeal of authorization of appropriations4 ,sec4 #dfbg4 ,repeal of ,renewable ,energy and ,energy ,efficiency ,technology ,competitiveness ,act of #aihi4 ,sec4 #dfbh4 ,repeal of hydrogen research1 development1 and demonstration program4 ,sec4 #dfbi4 ,repeal of study on alternative fuel use in nonroad vehicles and engines4 ,sec4 #dfcj4 ,repeal of low interest loan program for small business fleet purchases4 ,sec4 #dfca4 ,repeal of technical and policy analysis for replacement fuel demand and supply information4 ,sec4 #dfcb4 ,repeal of #aiib ,report on ,climate ,change4 ,sec4 #dfcc4 ,repeal of ,director of ,climate ,protector establishment4 ,sec4 #dfcd4 ,repeal of #aiid report on global climate change emissions4 ,sec4 #dfce4 ,repeal of telecommuting study4 ,sec4 #dfcf4 ,repeal of advanced buildings for #bjje program4 ,sec4 #dfcg4 ,repeal of ,energy ,research1 ,development1 ,demonstration1 and ,commercial ,application ,advisory ,board4 ,sec4 #dfch4 ,repeal of study on use of energy futures for fuel purchase4 ,sec4 #dfci4 ,repeal of energy subsidy study4 ,sec4 #dfdj4 ,repeal of prior limitation on compensation of the ,secretary of the ,interior4,,division ,b--,natural resources ,sec4 #ejja4 ,definitions4 ,,title ,v--,conservation authorizations ,sec4 #eaja4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund4 ,sec4 #eajb4 ,land and ,water ,conservation ,fund4 ,sec4 #eajc4 ,historic ,preservation ,fund4 ,sec4 #eajd4 ,conservation incentives landowner education program4,,title ,,vi--,land conveyances and related matters ,subtitle ,a--,land conveyances ,sec4 #fjja4 ,arapaho ,national ,forest boundary adjustment4 ,sec4 #fjjb4 ,land conveyance1 ,elkhorn ,ranch and ,white ,river ,national ,forest1 ,colorado4 ,sec4 #fjjc4 ,crags1 ,colorado land exchange4 ,sec4 #fjjd4 ,clarification relating to a certain land description under the ,northern ,arizona ,land ,exchange and ,verde ,river ,basin ,partnership ,act of #bjje4 ,sec4 #fjje4 ,cooper ,spur land exchange clarification amendments4 ,sec4 #fjjf4 ,black ,hills ,national ,cemetery boundary modification4 ,sec4 #fjjg4 ,cow ,creek ,umpqua land conveyance4 ,sec4 #fjjh4 ,oregon coastal land4 ,sec4 #fjji4 ,amendments to ,coquille ,restoration ,act4 ,sec4 #fjaj4 ,conveyance of ,federal land within the ,swan ,lake hydroelectric project boundary4 ,sec4 #fjaa4 ,pascua ,yaqui ,tribe land conveyance4 ,subtitle ,b--,land management ,sec4 #faja4 ,cadastre of ,federal real property4 ,sec4 #fajb4 ,additional authority for sale or exchange of small parcels of ,national ,forest ,system land4 ,sec4 #fajc4 ,bolts ditch access4 ,sec4 #fajd4 ,designation of ,alex ,diekmann ,peak1 ,montana4 ,sec4 #faje4 ,methow ,valley1 ,washington1 ,federal land withdrawal4 ,sec4 #fajf4 ,frank and ,jeanne ,moore ,wild ,steelhead ,special ,management ,area1 ,oregon4 ,sec4 #fajg4 ,expedited access to certain ,federal land4 ,sec4 #fajh4 ,maintenance or replacement of facilities and structures at ,smith ,gulch4 ,sec4 #faji4 ,cerro del ,yuta and ,ro ,san ,antonio ,wilderness ,areas4 ,sec4 #faaj4 ,additions to ,cherokee ,national ,forest ,wilderness ,areas4,,title ,,vii--,national ,park ,system ,management1 ,studies1 and ,related ,matters ,subtitle ,a--,special ,resource ,studies ,sec4 #gjja4 ,special resource study of ,james ,k4 ,polk presidential home4 ,sec4 #gjjb4 ,special resource study of ,fort ,ontario4 ,subtitle ,b--,national ,park ,service ,management and ,related ,matters ,sec4 #gaja4 ,ocmulgee ,mounds ,national ,historical ,park boundary revision4 ,sec4 #gajb4 ,john ,muir ,national ,historic ,site land acquisition4 ,sec4 #gajc4 ,amendment to ,coltsville ,national ,historical ,park donation site4 ,sec4 #gajd4 ,kennesaw ,mountain ,national ,battlefield ,park boundary adjustment2 land acquisition2 administration4 ,sec4 #gaje4 ,designation of existing wilderness area in ,lake ,clark ,national ,park as the ,jay ,s4 ,hammond ,wilderness4 ,sec4 #gajf4 ,sky ,point mountain designation4 ,sec4 #gajg4 ,eligibility of ,hispanic-serving institutions and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions for assistance for preservation education and training programs4 ,sec4 #gajh4 ,martin ,luther ,king1 ,jr4 ,national ,historical ,park4 ,sec4 #gaji4 ,vehicular access and fees at ,delaware ,water ,gap ,national ,recreation ,area4 ,sec4 #gaaj4 ,denali ,national ,park and ,preserve natural gas pipeline4 ,sec4 #gaaa4 ,wild horses in and around the ,currituck ,national ,wildlife ,refuge4 ,sec4 #gaab4 ,lower ,farmington and ,salmon ,brook recreational rivers4 ,sec4 #gaac4 ,east ,rosebud ,wild and ,scenic ,rivers designation4 ,sec4 #gaad4 ,arlington ,ridge ,visitor ,services ,facility4 ,sec4 #gaae4 ,rockingham ,county1 ,virginia1 removal of use restriction4 ,sec4 #gaaf4 ,interagency transfer of land along ,george ,washington ,memorial ,parkway4 ,sec4 #gaag4 ,shiloh ,national ,military ,park boundary modification4 ,sec4 #gaah4 ,historically ,black ,colleges and ,universities ,historic ,preservation ,program reauthorized4 ,sec4 #gaai4 ,fort ,frederica ,national ,monument boundary adjustment4 ,sec4 #gabj4 ,redesignation of ,robert ,emmet ,park4 ,sec4 #gaba4 ,designation of the ,national ,memorial to ,fallen ,educators4 ,sec4 #gabb4 ,african ,american ,civil ,rights ,network4 ,sec4 #gabc4 #djj ,years of ,african-,american ,history ,commission4 ,sec4 #gabd4 ,modification of ,voyageurs ,national ,park boundary4 ,sec4 #gabe4 ,north ,country ,national ,scenic ,trail route adjustment4 ,sec4 #gabf4 ,national emergency medical services commemorative work4 ,sec4 #gabg4 ,national heritage area designations4 ,sec4 #gabh4 ,adjustment of boundaries of ,lincoln ,national ,heritage ,area4 ,sec4 #gabi4 ,finger lakes national heritage area study4 ,sec4 #gacj4 ,modification of the ,second ,division ,memorial4 ,sec4 #gaca4 ,florissant ,fossil ,beds ,national ,monument boundary adjustment4 ,sec4 #gacb4 ,fort ,scott ,national ,historic ,site boundary modification4 ,sec4 #gacc4 ,gulf ,islands ,national ,seashore land exchange4 ,sec4 #gacd4 ,ste4 ,genevieve ,national ,historical ,park4 ,sec4 #gace4 ,bows in parks4 ,sec4 #gacf4 ,wildlife management in parks4,,title ,,viii--,sportsmen's access and related matters ,subtitle ,a--,national policy ,sec4 #hjja4 ,congressional declaration of national policy4 ,subtitle ,b--,sportsmen's access to ,federal land ,sec4 #haja4 ,definitions4 ,sec4 #hajb4 ,federal land open to hunting1 fishing1 and recreational shooting4 ,sec4 #hajc4 ,closure of ,federal land to hunting1 fishing1 and recreational shooting4 ,sec4 #hajd4 ,shooting ranges4 ,sec4 #haje4 ,federal action transparency4 ,sec4 #hajf4 ,identifying opportunities for recreation1 hunting1 and fishing on ,federal land4 ,sec4 #hajg4 ,firearms at water resource development projects4 ,subtitle ,c--,federal ,land ,transaction ,facilitation ,act ,sec4 #hbja4 ,amendments to the ,federal ,land ,transaction ,facilitation ,act4 ,subtitle ,d--,filming on ,federal ,land ,management ,agency land ,sec4 #hcja4 ,commercial filming4 ,subtitle ,e--,wildlife and habitat conservation ,sec4 #hdja4 ,amendments to ,pittman-,robertson ,wildlife ,restoration ,act4 ,sec4 #hdjb4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee4 ,sec4 #hdjc4 ,north ,american ,wetlands ,conservation ,act4 ,sec4 #hdjd4 ,fishing tackle4 ,subtitle ,f--,miscellaneous ,sec4 #heja4 ,respect for treaties and rights4 ,sec4 #hejb4 ,no priority4 ,sec4 #hejc4 ,state authority for fish and wildlife4,,title ,,ix--,water ,infrastructure and ,related ,matters ,subtitle ,a--,fontenelle ,reservoir ,sec4 #ijja4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use4 ,sec4 #ijjb4 ,savings provisions4 ,subtitle ,b--,bureau of ,reclamation ,transparency ,sec4 #iaja4 ,definitions4 ,sec4 #iajb4 ,asset management report enhancements for reserved works4 ,sec4 #iajc4 ,asset management report enhancements for transferred works4 ,sec4 #iajd4 ,offset4 ,subtitle ,c--,yakima ,river ,basin ,water ,enhancement ,sec4 #ibja4 ,short title4 ,sec4 #ibjb4 ,modification of terms1 purposes1 and definitions4 ,sec4 #ibjc4 ,yakima ,river ,basin ,water ,conservation ,program4 ,sec4 #ibjd4 ,yakima ,basin water projects1 operations1 and authorizations4 ,sec4 #ibje4 ,authorization of ,phase ,,iii of ,yakima ,river ,basin ,water ,enhancement ,project4 ,subtitle ,d--,klamath ,project ,water and ,power ,sec4 #icja4 ,klamath ,project4 ,subtitle ,e--,equus ,beds ,division ,extension ,sec4 #idja4 ,equus ,beds ,division extension4,,title ,x--,natural ,hazards ,subtitle ,a--,national volcano early warning and monitoring system ,sec4 #ajjja4 ,definitions4 ,sec4 #ajjjb4 ,national volcano early warning and monitoring system4 ,sec4 #ajjjc4 ,funding4 ,subtitle ,b--,national landslide hazards reduction program ,sec4 #ajaja4 ,definitions4 ,sec4 #ajajb4 ,national landslide hazards reduction program4 ,sec4 #ajajc4 ,ground subsidence4 ,sec4 #ajajd4 #c;,d ,elevation ,program4,,title ,,xi--,indian ,energy ,subtitle ,a--,indian ,tribal ,energy ,development and ,self-,determination ,act amendments ,sec4 #aajja4 ,indian tribal energy resource development4 ,sec4 #aajjb4 ,indian tribal energy resource regulation4 ,sec4 #aajjc4 ,tribal energy resource agreements4 ,sec4 #aajjd4 ,technical assistance for ,indian tribal governments4 ,sec4 #aajje4 ,conforming amendments4 ,sec4 #aajjf4 ,report4 ,subtitle ,b--,miscellaneous amendments ,sec4 #aaaja4 ,issuance of preliminary permits or licenses4 ,sec4 #aaajb4 ,tribal biomass demonstration project4 ,sec4 #aaajc4 ,weatherization program4 ,sec4 #aaajd4 ,appraisals4 ,sec4 #aaaje4 ,leases of restricted lands for ,navajo ,nation4 ,sec4 #aaajf4 ,extension of tribal lease period for the ,crow ,tribe of ,montana4 ,sec4 #aaajg4 ,trust status of lease payments4 ,a ,energy #ajja4 ,definitions ,in this division3 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 #aaja4 ,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 in paragraph 7#ad71 by inserting 1 or its legal successor1 ,international ,code ,council1 ,inc4 after the ,council of ,american ,building ,officials2 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 ,voluntary building energy code ,nothing in this section or section #cjg makes a voluntary building energy code established under this section or an updated voluntary building energy code under section #cjg binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 7b7 ,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 voluntary building energy codes1 or achieve equivalent or greater energy savings2 and 7#b7 support full compliance with the ,state and local codes4 7c7 ,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 voluntary 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 voluntary building energy code2 or 7ii7 the consensus-based 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 7d7 ,improvements in compliance with building energy codes 7#a7 ,requirement ,not later than #c years after the date of a certification under subsection 7c71 each ,state and ,indian tribe shall certify whether or not the ,state and ,indian tribe1 respectively1 has-- 7,a7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state and ,indian tribe building energy code or with the associated voluntary building energy code2 or 7,b7 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 voluntary building energy code4 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 7e7 ,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 7c7 or 7d7 by the applicable deadline shall submit to the ,secretary a report on the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification4 7#b7 ,federal support ,for any ,state or ,indian tribe for which the ,secretary has not validated a certification by a deadline under subsection 7c7 or 7d71 the lack of the certification may be a consideration for ,federal support authorized under this section for technical assistance4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7c7 or 7d71 a local government may be eligible for ,federal support by meeting the certification requirements of subsections 7c7 and 7d74 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 voluntary 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 7f7 ,technical assistance to ,states and ,indian tribes ,the ,secretary shall provide technical assistance to ,states and ,indian tribes to implement 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 voluntary 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 7g7 ,availability of incentive funding 7#a7 ,in general ,the ,secretary shall provide incentive funding to ,states and ,indian tribes-- 7,a7 to implement 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 officials1 or other entities identified by the ,secretary2 and 7,c7 to promote building energy efficiency through the use of the codes4 7#b7 ,additional funding ,additional funding may 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 7d7-- 7,a7 to a ,state or ,indian tribe for which the ,secretary has validated a certification under subsection 7c7 or 7d72 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 ,state or tribe1 to train ,state1 tribal1 and local building code officials1 or other entities identified by the ,secretary4 7#d7 ,local governments ,states may share grants under this subsection with local governments4 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 that adopt energy efficiency measures that are technologically feasible and economically justified2 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 ,voluntary 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 voluntary building energy codes 7a7 ,in general ,the ,secretary shall support the updating of voluntary building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall support the updating of the voluntary building energy codes to enable the achievement of consensus-based1 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 voluntary building energy codes by establishing one or more consensus-based1 aggregate energy savings targets to achieve the purposes of this section4 7,b7 ,separate targets ,the ,secretary may establish separate consensus-based targets for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating voluntary 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 ,consensus-based 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 economically justified2 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 consensus-based 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 voluntary building energy codes described in subparagraph 7,a7 if the ,secretary determines that a consensus-based target cannot be met4 7iv7 ,small business ,when establishing consensus-based 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 consensus-based 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 7c7 ,technical assistance to voluntary building energy code-setting and standard development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to voluntary 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 voluntary building energy codes to evaluate the efficiency impacts of the voluntary building energy codes2 7,e7 performance-based standards2 7,f7 evaluating economic considerations2 and 7,g7 developing voluntary building energy codes by ,indian tribes in accordance with tribal law4 7#c7 ,amendment proposals ,the ,secretary may submit timely voluntary building energy code amendment proposals to the voluntary building energy code-setting and standard development organizations1 with supporting evidence1 sufficient to enable the voluntary building energy codes to meet the consensus-based 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 voluntary 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 voluntary building energy code2 and 7,b7 meet the applicable consensus-based targets under subsection 7b77#b74 7#b7 ,codes or standards not meeting consensus-based targets 7,a7 ,in general ,if the ,secretary makes a determination under paragraph 7#a77;,b7 that a code or standard does not meet the consensus-based targets established under subsection 7b77#b71 the ,secretary may at the same time provide the voluntary building energy code or standard developer with proposed changes that would result in a voluntary building energy code that meets the consensus-based targets and with supporting evidence1 taking into consideration-- 7i7 whether the modified code is technologically feasible and economically justified2 7ii7 available appliances1 technologies1 materials1 and construction practices2 and 7iii7 economic considerations4 7,b7 ,incorporation of changes ,on receipt of the proposed changes1 the voluntary building energy code or standard developer shall have an additional #bgj days to accept or reject the proposed changes of the ,secretary to the voluntary building energy code or standard for the ,secretary to make a final determination4 7e7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of consensus-based 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 proposed consensus-based targets and supporting analysis and determinations under this section4 7f7 ,definition of economically justified ,as used in this section1 in determining whether a voluntary building energy code established under section #cjd or an updated voluntary building energy code under this section is economically justified1 the ,secretary shall1 after receiving views and comments furnished with respect to a proposed voluntary building code or an updated voluntary building energy code1 determine whether the benefits of the building energy code exceed its burdens by1 to the greatest extent practicable1 considering-- 7#a7 the economic impact of the building energy code on the manufacturers and on the home or building owners subject to such code2 7#b7 the savings in operating costs throughout the estimated average life of the building compared to any increase in the price of1 or in the initial charges for1 or maintenance expenses of1 the covered buildings which are likely to result from the imposition of the building energy code2 7#c7 the total projected amount of energy1 or as applicable1 water1 savings likely to result directly from the imposition of the building energy code2 7#d7 any reduction or increase of the utility or the performance of the covered buildings likely to result from the imposition of the building energy code2 7#e7 the need for national energy and water conservation2 and 7#f7 other facts the ,secretary considers relevant4 4 #aajb4 ,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 #bjbj1 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 #aajc4 ,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 #haja 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 an institution of higher education eligible to receive funds under section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 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 ,department1 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 #aajd4 ,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 #bjah through #bjbb1 to remain available until expended4 #aaje4 ,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 contracts authorized by subsection 7c74 7#b7 ,contract period ,the term of a utility energy service contract entered into by a ,federal agency may have a contract period not to exceed #be years4 7#c7 ,notification ,the ,secretary shall make available on a public website the guidance and criteria regarding the conditions of utility energy service contracts4 4 #aajf4 ,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 #aajg4 ,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 institutions of higher education eligible to receive funds under section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a77 7referred to in this section as minority-serving institutions7 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and associated environmental1 health and safety1 and productivity 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 minority-serving institutions 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 minority-serving institutions1 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 #aajh4 ,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 that-- 7#a7 includes the equal participation of industry1 including public or private employers1 and labor organizations1 including joint labor-management training programs1 and may include workforce investment boards1 community-based organizations1 qualified service and conservation corps1 educational institutions1 small businesses1 cooperatives1 ,state and local veterans agencies1 and veterans service organizations2 and 7#b7 demonstrates-- 7,a7 experience in implementing and operating worker skills training and education programs2 7,b7 the ability to identify and involve in training programs carried out under the grant1 target populations of individuals who would benefit from training and be actively involved in activities related to energy efficiency and renewable energy industries2 and 7,c7 the ability to help individuals achieve economic self-sufficiency4 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 #aaji4 ,energy-efficient and energy-saving information technologies 7a7 ,amendment ,subtitle ,c of title ,v of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affa7 is amended by adding at the end the following3 #ecj4 ,energy-efficient and energy-saving information technologies 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this section1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7that includes best practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies1 taking into consideration the performance goals established under subsection 7d74 7c7 ,administration ,in developing an implementation strategy under subsection 7b71 each ,federal agency shall consider-- 7#a7 advanced metering infrastructure2 7#b7 energy-efficient data center strategies and methods of increasing asset and infrastructure utilization2 7#c7 advanced power management tools2 7#d7 building information modeling1 including building energy management2 7#e7 secure telework and travel substitution tools2 and 7#f7 mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization4 7d7 ,performance goals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology4 7#b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals1 which shall include ,federal agency consideration of1 to the extent applicable by law1 the use of-- 7,a7 energy savings performance contracting2 and 7,b7 utility energy services contracting4 7e7 ,reports 7#a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg a description of the efforts and results of the agency under this section4 7#b7 ,omb government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjag1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh a description of the efforts and results of ,federal agencies under this section4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #ebi the following3 ,sec4 #ecj4 ,energy-efficient and energy-saving information technologies4 4 #aaaj4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b77#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 7#b7 by striking subsection 7b77#c72 and 7#c7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information available4 ,in such collaboration1 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7#a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 such as representatives of hardware manufacturers1 data center operators1 and facility managers2 7#b7 obtain and address input from ,department of ,energy ,national ,laboratories or any college1 university1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7#c7 follow-- 7,a7 commonly accepted procedures for the development of specifications2 and 7,b7 accredited standards development processes2 and 7#d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study ,the ,secretary1 in collaboration with the ,administrator1 shall1 not later than #d years after the date of enactment of the ,energy and ,natural ,resources ,act of #bjag1 make available to the public a second update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency published on ,august #b1 #bjjg1 under section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj71 that provides-- 7#a7 a comparison and gap analysis of the estimates and projections contained in the original report and the first update with new data regarding the period from #bjae through #bjai2 7#b7 an analysis of the energy saving and social impact of information technologies1 including virtualization1 the internet of things1 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 big data1 and other newly emerging technologies 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 #bjbe4 7f7 ,data center energy practitioner program ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in ,federal data centers4 ,each ,federal agency shall consider having the data centers of the agency evaluated every #d years1 in accordance with section #edc7;f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec71 by energy practitioners certified pursuant to such program4 7g7 ,open data initiative ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall establish an open data initiative for ,federal data center energy usage data1 with the purpose of making such data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 ,in establishing the initiative1 the ,secretary shall consider the use of the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,protection of proprietary information ,the ,secretary and the ,administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section4 4 #aaaa4 ,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 #bjah through #bjbb44 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 #bjah through #bjbb under section #dbb1 the ,secretary shall use to carry out this section for each of fiscal years #bjah through #bjbb not more 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 #bjag1 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 #bjag1 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 #aaab4 ,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 #bjah through #bjbb1 of which not greater than #e percent may be used to provide competitively awarded financial assistance4 #aaac4 ,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 7,e7 protects the health and safety of occupants and workers2 and 7,f7 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 shall1 in consultation with the ,administrator of ,general ,services1 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 and the ,committee on ,science1 ,space1 and ,technology 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 #aaad4 ,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 #aaae4 ,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 #aaja7;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 #aaad7 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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag2 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 #aaaf4 ,federal building energy intensity improvement ,beginning in fiscal year #bjah and each fiscal year thereafter through fiscal year #bjbg1 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 #bjag and after taking into account the progress of the ,federal agency in preceding fiscal years4 #aaag4 ,certification for green buildings ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 7as amended by section #aaae7;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 and 7,,ii7 confirm that the criteria used to support the selection of building products1 materials1 brands1 and technologies-- 7aa7 are based on relevant technical data2 7bb7 use and reward evaluation of health1 safety1 and environmental risks and impacts across the lifecycle of the building product1 material1 brand1 or technology1 including methodologies generally accepted by the applicable scientific disciplines2 7cc7 as reasonably practicable1 give a preference to performance standards instead of prescriptive measures2 and 7dd7 reward continual improvements in the lifecycle management of health1 safety1 and environmental risks and impacts4 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 7dd7 7,,aa7 respecting the sourcing of grown1 harvested1 or mined materials2 and 7,,bb7 rewarding certifications of responsible sourcing1 such as certifications provided by the ,forest ,stewardship ,council1 the ,sustainable ,forestry ,initiative1 the ,american ,tree ,farm ,system1 and the ,programme for the ,endorsement of ,forest ,certification2 and 7ee7 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 #bjag ,this subparagraph shall apply to any determination made by a ,federal agency after ,december #ca1 #bjag4 7,,ii7 ,determinations made on or before december #ca1 #bjag ,this subparagraph 7as in effect on the day before the date of enactment of the ,energy and ,natural ,resources ,act of #bjag7 shall apply to any use of a certification system for green commercial and residential buildings by a ,federal agency on or before ,december #ca1 #bjag4 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 #aaah4 ,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 the sourcing of grown1 harvested1 or mined materials1 the system rewards the use of products that have obtained certifications of responsible sourcing1 such as the certifications provided by the ,forest ,stewardship ,council1 the ,sustainable ,forestry ,initiative1 the ,american ,tree ,farm ,system1 and the ,programme for the ,endorsement of ,forest ,certification2 and 7,h7 a finding that the system incorporates life-cycle assessment as a credit pathway4 4 #aaai4 ,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 ,comptroller general ,the term ,comptroller ,general means the ,comptroller ,general of the ,united ,states4 7#d7 ,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 #bjah1 the ,comptroller ,general1 in consultation with the agency heads described in clauses 7i7 through 7xi7 of subsection 7a77#b77;,b71 shall submit to ,congress and make available on the public ,internet website of the ,government ,accountability ,office a report that describes the applicable programs4 7#b7 ,requirements ,in preparing the report under paragraph 7#a71 the ,comptroller ,general 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 #bjah1 the ,comptroller ,general1 in consultation with the agency heads described in clauses 7i7 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 ,non,federal ,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 #bjah1 the ,comptroller ,general1 in consultation with the agency heads described in clauses 7i7 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 #aabj4 ,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 #aaba4 ,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 #cbh4 ,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 #aabb4 ,water,sense 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 ,water,sense 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 label1 minimizing unintended or negative impacts to wastewater treatment works1 recycled water quality1 or water quality in receiving water2 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 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 #bjai1 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 #abja4 ,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 #bjag or #bjah4 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;,b7-- 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 #abjb4 ,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 #bjah and #bjai1 to remain available until expended4 7f7 ,termination of effectiveness ,the authority provided by this section terminates on ,december #ca1 #bjai4 #abjc4 ,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 #abjd4 ,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 #abje4 ,clarification to effective date for regional standards ,section #cbe7o77#f77;,e7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77#f77;,e77 is amended by striking clause 7ii7 and inserting the following3 7ii7 ,regional standards 7,i7 ,in general ,except as provided in subclause 7,,ii71 any additional and more restrictive regional standard established for a product under this paragraph shall apply to the product if the product is installed on or after the effective date of the regional standard in any ,state in which the ,secretary has designated the standard to apply4 7,,ii7 ,exception ,a regional standard shall not apply under subclause 7,i7 to any product that is-- 7aa7 manufactured before the effective date of the regional standard2 and 7bb7 installed not later than #a year after the effective date of the regional standard4 4 #abjf4 ,modifying product definitions 7a7 ,authority to modify definitions 7#a7 ,covered products ,section #cbb of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbib7 is amended by adding at the end the following3 7c7 ,modifying definitions of covered products 7#a7 ,in general ,for any covered product for which a definition is provided in section #cba1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 or 7,b7 better enable improvements in the energy efficiency of the product and related energy using systems4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered product definitions made pursuant to this subsection4 7#c7 ,procedure for modifying definition 7,a7 ,in general ,notice of any adjustment to the definition of a covered product and an explanation of the reasons therefor shall be published in the ,federal ,register and opportunity provided for public comment4 7,b7 ,consensus required ,any amendment to the definition of a covered product under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered products1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a covered product4 7#d7 ,effect of a modified definition 7,a7 ,in general ,for any type or class of consumer product which becomes a covered product pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered product pursuant to section #cbc and energy conservation standards pursuant to subsections 7o7 and 7p7 of section #cbe2 7ii7 the ,commission may prescribe labeling rules pursuant to section #cbd if the ,commission determines that labeling in accordance with that section is technologically and economically feasible and likely to assist consumers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered product in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe shall not apply to such type or class of product4 7,b7 ,applicability ,for any type or class of consumer product which ceases to be a covered product pursuant to this subsection1 the provisions of this part shall no longer apply to the type or class of consumer product4 4 7#b7 ,covered equipment ,section #cda of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcab7 is amended by adding at the end the following3 7d7 ,modifying definitions of covered equipment 7#a7 ,in general ,for any covered equipment for which a definition is provided in section #cdj1 the ,secretary may1 by rule1 unless prohibited herein1 modify such definition in order to-- 7,a7 address significant changes in the product or the market occurring since the definition was established2 or 7,b7 better enable improvements in the energy efficiency of the equipment and related energy using systems4 7#b7 ,antibacksliding exemption ,section #cbe7o77#a7 shall not apply to adjustments to covered product definitions made pursuant to this subsection 7#c7 ,procedure for modifying definition 7,a7 ,in general ,notice of any adjustment to the definition of a type of covered equipment and an explanation of the reasons therefor shall be published in the ,federal ,register and opportunity provided for public comment4 7,b7 ,consensus required ,any amendment to the definition of a type of covered equipment under this subsection must have consensus support1 as reflected in-- 7i7 the outcome of negotiations conducted in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 or 7ii7 the ,secretary's receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view 7including representatives of manufacturers of covered equipment1 ,states1 and efficiency advocates71 as determined by the ,secretary1 which contains a recommended modified definition for a type of covered equipment4 7#d7 ,effect of a modified definition 7,a7 ,for any type or class of equipment which becomes covered equipment pursuant to this subsection-- 7i7 the ,secretary may establish test procedures for such type or class of covered equipment pursuant to section #cdc and energy conservation standards pursuant to subsections 7o7 and 7p7 of section #cbe2 7ii7 the ,secretary may prescribe labeling rules pursuant to section #cdd if the ,secretary determines that labeling in accordance with that section is technologically and economically feasible and likely to assist purchasers in making purchasing decisions2 7iii7 section #cbg shall begin to apply to such type or class of covered equipment in accordance with section #cbe7;ii77#a72 and 7iv7 standards previously promulgated under section #cbe1 #cdb1 or #cdf shall not apply to such type or class of covered equipment4 7,b7 ,for any type or class of equipment which ceases to be covered equipment pursuant to this subsection the provisions of this part shall no longer apply to the type or class of equipment4 4 7b7 ,conforming amendments providing for judicial review 7#a7 ,section #ccf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcjf7 is amended by striking section #cbc1 each place it appears and inserting section #cbb1 #cbc14 7#b7 ,section #cde7;a77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;a77#a77 is amended to read as follows3 7#a7 the references to sections #cbb1 #cbc1 #cbd1 and #cbe of this ,act shall be considered as references to sections #cda1 #cdc1 #cdd1 and #cdb of this ,act1 respectively2 4 #abjg4 ,clarifying rulemaking procedures 7a7 ,covered products ,section #cbe7p7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7p77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#c71 7#e71 and 7#f71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#a7 ,unless acting pursuant to paragraph 7#f71 the ,secretary shall provide an opportunity for public input prior to the issuance of a proposed rule1 seeking information concerning the analysis the ,department of ,energy may undertake to develop a proposed rule4 2 and 7#c7 by inserting after paragraph 7#c7 7as so redesignated by paragraph 7#a7 of this subsection7 the following3 7#d7 ,restriction based on test procedures 7,a7 ,in general ,any proposed rule to establish new or amended energy conservation standards shall be based on the final test procedure that shall be used to determine compliance with that product's standard4 ,the public comment period on such proposed energy conservation standards shall conclude no sooner than #ahj days after the date of publication of a final rule revising the test procedure for that product4 7,b7 ,exceptions ,subparagraph 7,a7 does not apply to-- 7i7 rules1 including test procedure rules1 developed in accordance with the subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij72 7ii7 rules1 including test procedure rules1 adopted pursuant to the procedures in paragraph 7#f72 or 7iii7 test procedure amendments that the ,secretary determines will not alter the measured energy efficiency1 measured energy use1 or measured water use of any covered product1 subject to the requirement that1 if an amendment alters the product testing or compliance calculation1 the determination shall be based on test data subject to public comment4 7,c7 ,savings clause ,nothing in this paragraph-- 7i7 limits the authority of the ,secretary to amend test procedures under section #cbc and use those modified test procedures for compliance with an existing or revised standard2 or 7ii7 alters the deadline for completion of any action required under this section4 4 7b7 ,conforming amendment ,section #cde7;b77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;b77#a77 is amended by striking section #cbe7p77#d71 and inserting section #cbe7p77#c71 7#d71 and 7#f714 7c7 ,effective date ,the amendments made by this section shall apply to rulemaking proceedings in which a notice of proposed rulemaking or supplemental notice of proposed rulemaking is issued on or after the date of enactment of this ,act4 #abjh4 ,extension of nonapplication of no-load mode energy efficiency standard to certain security or life safety alarm or surveillance systems 7a7 ,section #cbe7u77#c77;,d77ii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7u77#c77;,d77ii77 is amended-- 7#a7 in the clause heading1 by striking #bjae and inserting #bjba2 7#b7 in subclause 7,i71 by striking #bjae and inserting #bjba12 and 7#c7 in subclause 7,,ii77bb71 by striking #bjag and inserting #bjbc4 7b7 ,section #cbe7u77#c77;,e7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7u77#c77;,e77 is amended-- 7#a7 in clause 7ii71 by striking ,july #a1 #bjag1 and inserting the effective date of the amendment under subparagraph 7,d77ii72 and 7#b7 by adding at the end the following3 7iv7 ,treatment in rule ,in the rule under subparagraph 7,d77ii7 and subsequent amendments the ,secretary may treat some or all external power supplies designed to be connected to a security or life safety alarm or surveillance system as a separate product class or may extend the nonapplication under clause 7ii74 4 ,c ,manufacturing #acja4 ,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 #acjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers 7a7 ,definitions ,in this section and section #acjc3 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 #acjc4 ,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 #adja4 ,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 #adjb4 ,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 #adjc4 ,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 #bjah1 #cac1efg1jjj2 7#b7 for fiscal year #bjai1 #cbf1aji1jjj2 7#c7 for fiscal year #bjbj1 #cci1aed1jjj2 7#d7 for fiscal year #bjba1 #ceb1gbj1jjj2 and 7#e7 for fiscal year #bjbb1 #cff1hbi1jjj4 #adjd4 ,reporting 7a7 ,technologies developed ,not later than #ah months after the date of enactment of this ,act and annually thereafter through #bjbb1 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 #bjbb1 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 #adaa4 ,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 #adab4 ,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 #adba4 ,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 #adbb4 ,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 #adba4 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 #adbc4 ,technology testing and metrics ,the ,secretary1 in coordination with the partners of the interagency research program described in section #adba-- 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 #adbd4 ,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 #adca4 ,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 #adcb4 ,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 #bjbb4 #adcc4 ,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 #bjag ,for any model of gaseous fuel dual fueled automobile manufactured by a manufacturer in model years #aiic through #bjag1 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 #bjah 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 ,housing #aeja4 ,definitions ,in this subtitle3 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 ,sanctions for disclosure of critical electric infrastructure information ,section #bae;,a7d77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;d77#b77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 7i7 ensure there are appropriate sanctions in place for ,commissioners and former ,commissioners who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section1 with such sanctions to include1 at a minimum1 the potential loss of access to critical electric infrastructure information and the potential public issuance of letters of reprimand2 and 7ii7 ensure there are appropriate sanctions in place for officers1 employees1 or agents of the ,commission or the ,department of ,energy who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 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 7b7 ,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 #bjah through #bjbf4 7c7 ,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 collaborate with 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 #bjah through #bjbf4 7d7 ,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 #bjah through #bjbf4 7e7 ,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 #bjah through #bjbf4 7f7 ,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 7g7 ,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 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 ,d ,electricity #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 demonstration 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 #bjah through #bjbg4 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 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 grid 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 ,the ,electric ,reliability ,organization shall not be under any obligation to establish any process to consider such recommendations4 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 all sectors of the electric power industry2 7#f7 academic institutions2 7#g7 independent research institutes2 and 7#h7 other entities4 7d7 ,effect ,nothing in this section grants any person a right to receive or review confidential1 proprietary1 or otherwise protected information concerning grid architecture or scenarios4 #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 ,,iii1 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 thereafter until calendar year #bjbf1 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 ,secretary1 in consultation with the steering committee established under paragraph 7#c71 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 encompassing a diverse range of technologies that can be adapted for ,state and regional applications by regulators and policymakers2 7,b7 facilitates the modernization of the electric grid and associated communications networks to achieve the objectives described in paragraph 7#b72 7,c7 ensures a reliable1 resilient1 affordable1 safe1 and secure electric grid2 and 7,d7 acknowledges and accounts 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 as many of the following objectives as practicable3 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 of policies for investment in the electric grid4 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,i7 ,reduced cost of service for consumers4 7,j7 ,diversification of generation sources4 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 help develop 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 ,federal ,energy ,regulatory ,commission2 7,b7 the ,national ,laboratories2 7,c7 ,states2 7,d7 ,state regulatory authorities2 7,e7 transmission organizations2 7,f7 representatives of all sectors of the electric power industry2 7,g7 institutions of higher education2 7,h7 independent research institutes2 and 7,i7 other entities4 7b7 ,technical assistance ,the ,secretary may provide technical assistance to ,states1 ,indian tribes1 or units of local government to adopt or implement #a or more elements of the pathways developed under subsection 7a77#a71 including on a pilot basis4 #bcje4 ,performance metrics for electricity infrastructure providers 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the steering committee established under section #bcjd7;a77#c71 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 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 projected range of measurable 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 the evaluation and projections 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 potential costs and measurable benefits value to ratepayers1 applying the performance metrics developed under paragraph 7#a72 7#c7 identification of tools1 resources1 and deployment models that may 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 the role of ,states and local regulatory authorities in enabling a robust future electric grid 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 ,voluntary ,state1 regional1 and local electricity distribution planning 7a7 ,in general ,on the request of a ,state1 regional organization1 or electric utility1 the ,secretary shall provide assistance to ,states1 regional organizations1 and electric utilities to facilitate the development of ,state1 regional1 and local 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 ,state1 regional1 and local planning and operations4 7b7 ,risk and security analysis ,the assessment under subsection 7a77#a7 shall include-- 7#a7 the evaluation of the physical security1 cybersecurity1 and associated communications 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 ,designation ,the information collected for the assessment and analysis under subsection 7a77#a7-- 7#a7 shall be considered to be critical electric infrastructure information under section #bae;,a of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a72 and 7#b7 shall only be released in compliance with regulations implementing that section4 7d7 ,technical assistance ,for the purpose of assisting in the development of ,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 7e7 ,withdrawal ,a ,state or any entity that has requested technical assistance under this section may withdraw the request for technical assistance at any time1 and on such withdrawal1 the ,secretary shall terminate all assistance efforts4 7f7 ,effect ,nothing in this section authorizes the ,secretary to require any ,state1 regional organization1 regional reliability entity1 asset owner1 or asset operator to adopt any model1 tool1 plan1 analysis1 or assessment4 #bcjg4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out section #bcjb through this section #bjj1jjj1jjj for each of fiscal years #bjah through #bjbg4 #bcjh4 ,power marketing administration agreements 7a7 ,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 7b7 ,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 #bcji4 ,report by transmission organizations on distributed energy resources and interconnected 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 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 ,interconnected micro-grid system ,the term interconnected micro-grid system means an electrically distinct system under common control that is-- 7,a7 interconnected to the transmission organization2 and 7,b7 capable of operating in parallel with1 or independently from1 the bulk-power system4 7#c7 ,transmission organization ,the term transmission organization has the meaning given the term ,transmission ,organization 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 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 interconnected micro-grid systems2 and 7ii7 describes the fuel sources and operational characteristics of such distributed energy resources and interconnected micro-grid systems1 including1 to the extent practicable1 a discussion of the benefits and costs associated with the distributed energy resources and interconnected 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 interconnected 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 availability to the transmission organization of distributed energy resources and interconnected micro-grid systems2 and 7ii7 potential changes to the operational requirements for1 or charges associated with1 the availability of distributed energy resources and interconnected micro-grid systems to the transmission organization that would reduce the barriers identified under clause 7i74 #bcaj4 ,vegetation management1 facility inspection1 and operation and maintenance on ,federal land containing electric transmission and distribution facilities 7a7 ,in general ,title ,v of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq47 is amended by adding at the end the following3 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way 7a7 ,definitions ,in this section3 7#a7 ,owner2 operator ,the terms owner and operator include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility4 7#b7 ,plan ,the term plan means a vegetation management1 facility inspection1 and operation and maintenance plan that-- 7,a7 is prepared by the owner or operator of #a or more electric transmission or distribution facilities to cover #a or more electric transmission and distribution rights-of-way2 and 7,b7 provides for the long-term1 cost-effective1 efficient1 and timely management of facilities and vegetation within the width of the right-of-way and adjacent ,federal land to enhance electric reliability1 promote public safety1 and avoid fire hazards4 7#c7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary1 with respect to public lands2 and 7,b7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land4 7b7 ,guidance 7#a7 ,in general ,to enhance the reliability of the electric grid and reduce the threat of wildfire damage to1 and wildfire caused by vegetation-related conditions within1 electric transmission and distribution rights-of-way and adjacent ,federal land1 the ,secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management1 facility inspection1 and operation and maintenance of rights-of-way1 regardless of the means by which the rights-of-way are established 7including by grant1 special use authorization1 and easement74 7#b7 ,limitation ,the guidance issued under paragraph 7#a7 shall be compatible with mandatory reliability standards established by the ,electric ,reliability ,organization4 7#c7 ,requirements ,the guidance issued under paragraph 7#a7 shall take into account-- 7,a7 all applicable law1 including fire safety and electric system reliability requirements 7including reliability standards established by the ,electric ,reliability ,organization under section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo772 and 7,b7 the ,memorandum of ,understanding on ,vegetation ,management for ,powerline ,rights-of-,way between the ,edison ,electric ,institute1 ,utility ,arborist ,association1 the ,department of the ,interior1 the ,department of ,agriculture1 and the ,environmental ,protection ,agency signed in #bjaf4 7#d7 ,required consultation ,the guidance issued under paragraph 7#a7 shall be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way4 7c7 ,vegetation management1 facility inspection1 and operation and maintenance plans 7#a7 ,development and submission ,consistent with subsection 7b71 the ,secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and ,national ,forest ,system land1 as applicable1 with the option to develop and submit a plan4 7#b7 ,,ero standards ,owners and operators subject to mandatory reliability standards established by the ,electric ,reliability ,organization 7or superseding standards7 may use those standards as part of the plan4 7#c7 ,plan requirements ,a plan developed under paragraph 7#a7 shall-- 7,a7 identify the applicable transmission or distribution facilities to be maintained2 7,b7 take into account operations and maintenance plans for the applicable powerline2 7,c7 describe the vegetation management1 inspection1 and operation and maintenance methods that may be used to comply with all applicable law1 including fire safety requirements and reliability standards established by the ,electric ,reliability ,organization2 7,d7 include schedules for-- 7i7 the applicable owner or operator to notify the ,secretary concerned about routine and major maintenance2 7ii7 the applicable owner or operator to request approval from the ,secretary concerned about undertaking routine and major maintenance2 and 7iii7 the ,secretary concerned to respond to a request by an owner or operator under clause 7ii72 and 7,e7 describe processes for-- 7i7 identifying changes in conditions2 and 7ii7 modifying the approved plan1 if necessary4 7#d7 ,review and approval process 7,a7 ,in general ,the ,secretary concerned shall develop a process for the review and approval of plans submitted under paragraph 7#a7 that-- 7i7 includes timelines and benchmarks for-- 7,i7 the submission of agency comments on the plans and schedules for final decision2 and 7,,ii7 the timely review of modifications of the plans in cases in which modifications are necessary2 7ii7 is consistent with applicable law2 and 7iii7 includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan4 7,b7 ,congressional intent ,it is the intent of ,congress that the process for review and approval of plans under this paragraph shall not exceed #ahj days4 7#e7 ,categories of actions not requiring environmental analysis ,with respect to actions carried out under plans submitted under paragraph 7#a71 the ,secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7d7 ,certain owners and operators 7#a7 ,in general ,the owner or operator of an electric transmission or distribution facility that is not subject to the mandatory reliability standards established by the ,electric ,reliability ,organization or that sold less than or equal to #a1jjj1jjj megawatt hours of electric energy for purposes other than resale during each of the #c calendar years immediately preceding the date of enactment of the ,energy and ,natural ,resources ,act of #bjag may enter into a memorandum of understanding with the ,secretary concerned in lieu of a plan under subsection 7c74 7#b7 ,minimum requirements ,the ,secretary concerned shall ensure that the minimum requirements for a memorandum of understanding under paragraph 7#a7-- 7,a7 reflect the relative financial resources of the applicable owner or operator compared to other owners or operators of an electric transmission or distribution facility2 7,b7 include schedules as described in subsection 7c77#c77;,d72 and 7,c7 comply with applicable law4 7e7 ,emergency conditions ,if vegetation has contacted or presents an imminent danger of falling into the electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way1 the owner or operator of the electric transmission or distribution lines-- 7#a7 may prune or remove the vegetation-- 7,a7 to avoid the disruption of electric service2 and 7,b7 to eliminate immediate fire and safety hazards2 and 7#b7 shall notify the appropriate local agent of the ,secretary concerned not later than #a day after the date of the response to emergency conditions4 7f7 ,activities that require approval 7#a7 ,in general ,except for a circumstance described in paragraph 7#b71 the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the ,secretary concerned in accordance with a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d7 only with the approval of the ,secretary concerned4 7#b7 ,authorized activities ,the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the ,secretary concerned in accordance with a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d7 without the approval of the ,secretary concerned if-- 7,a7 the owner or operator submitted a request to the ,secretary concerned in accordance with the applicable schedule in a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d72 7,b7 the vegetation management activities proposed in the request under subparagraph 7,a7 are in accordance with a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d72 and 7,c7 the ,secretary concerned fails to respond to the request under subparagraph 7,a7 in accordance with the applicable schedule in a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d74 7g7 ,liability ,the ,secretary concerned shall not impose strict liability for damages or injury resulting from the ,secretary concerned-- 7#a7 unreasonably withholding or delaying-- 7,a7 approval of a plan under subsection 7c72 or 7,b7 agreement to enter into a memorandum of understanding under subsection 7d72 or 7#b7 unreasonably failing to adhere to an applicable schedule in a plan approved under subsection 7c7 or a memorandum of understanding entered into under subsection 7d74 7h7 ,reporting requirement ,the ,secretary concerned shall report requests and actions made under subsection 7f7 annually on the website of the ,secretary concerned4 7i7 ,training and guidance ,in consultation with the electric utility industry1 the ,secretary concerned is encouraged to develop a program to train personnel of the ,department of the ,interior and the ,forest ,service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that the personnel-- 7#a7 understand electric system reliability requirements as the requirements relate to vegetation management of transmission and distribution rights-of-way on ,federal land1 including reliability standards established by the ,electric ,reliability ,organization and fire safety requirements2 7#b7 assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements2 and 7#c7 encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety4 7j7 ,implementation ,the ,secretary concerned shall-- 7#a7 not later than #a year after the date of enactment of this section1 propose regulations1 or amended existing regulations1 to implement this section2 and 7#b7 not later than #b years after the date of enactment of this section1 finalize regulations1 or amended existing regulations1 to implement this section4 7k7 ,existing vegetation management1 facility inspection1 and operation and maintenance plans ,nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this section has already been approved by the ,secretary concerned before the date of enactment of this section4 4 7b7 ,clerical amendment ,the table of contents for the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agfa et seq471 is amended by inserting after the item relating to section #eaa the following3 ,sec4 #eab4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights-of-way4 4 #bcaa4 ,study of 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 and interconnection service 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 ,study 7#a7 ,in general ,the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 may conduct a study of 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 study 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 7,b7 determining the effectiveness of ,federal and ,state requirements for interconnection service and additional services2 7,c7 ensuring adequate cost recovery by an electric utility for interconnection service and additional services2 7,d7 ensuring that electricity rates established for combined heat and power systems and waste heat to power systems are-- 7i7 just and reasonable2 and 7ii7 not unduly preferential or discriminatory2 and 7,e7 ensuring the safety and reliability of-- 7i7 interconnected units2 and 7ii7 the distribution and transmission networks to which the interconnected units connect4 7#c7 ,duplication of effort ,the ,secretary shall coordinate the study conducted under this subsection with existing and ongoing studies to avoid duplication of effort4 7c7 ,report 7#a7 ,in general ,as soon as practicable after the date on which the study is completed under subsection 7b71 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission1 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 describing the results of the study4 7#b7 ,inclusions ,the report submitted under paragraph 7#a7 shall include-- 7,a7 the findings of the ,secretary and the ,federal ,energy ,regulatory ,commission with respect to the matters studied2 and 7,b7 any administrative and legislative recommendations to address any deployment barriers identified under the study4 #bcab4 ,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 #bcac4 ,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 #bcad4 ,technology demonstration on the distribution system 7a7 ,in general ,the ,secretary shall establish a grant program to carry out eligible projects related to the modernization of the electric grid1 including the application of technologies to improve observability1 advanced controls1 and prediction of system performance on the distribution system4 7b7 ,eligible projects ,to be eligible for a grant under subsection 7a71 a project shall-- 7#a7 be designed to improve the performance and efficiency of the future electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 7#b7 demonstrate-- 7,a7 secure integration and management of #b or more energy resources1 including distributed energy generation1 combined heat and power1 microgrids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 and intelligent loads2 and 7,b7 secure integration and interoperability of communications and information technologies2 and 7#c7 be subject to the requirements of section #ede7;a7 of the ,energy ,security and ,independence ,act of #bjjg 7#db ,u4,s4,c4 #agaee7;a774 ,,iii ,supply ,a ,renewables ,i ,hydroelectric #cjja4 ,federal ,power ,act amendments 7a7 ,hydropower regulatory improvements 7#a7 ,sense of ,congress on 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 7#b7 ,modifying 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 #bjah and each fiscal year thereafter shall be renewable energy42 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 7#c7 ,licenses for construction ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended in the first sentence by striking deem in the first proviso and all that follows through ,provided further1 ,that no license in the second proviso and inserting determine to be necessary for the adequate protection and utilization of such reservation3 ,provided further1 ,that no license4 7#d7 ,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-- 7i7 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 ,commission may-- 7#a7 extend the period of a preliminary permit once for not more than #d additional years beyond the #d years 2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 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 7#e7 ,transfers ,section #g of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjj7 is amended by adding at the end the following3 7d7 ,transfers ,notwithstanding section #e1 and regardless of whether the holder of a preliminary permit for a closed-loop pumped storage project 7as defined under section #f7;e77 of the ,hydropower ,regulatory ,efficiency ,act of #bjac 7#af ,u4,s4,c4 #gig note2 ,public ,law #aac-bc77 claimed municipal preference under subsection 7a7 when obtaining the permit1 on request by a municipality1 the ,commission1 to facilitate development of a closed-loop pumped storage project1 may-- 7#a7 add entities as joint permittees following issuance of a preliminary permit2 and 7#b7 transfer a license in part to #a or more nonmunicipal entities as co-licensees with a municipality4 4 7#f7 ,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 7#g7 ,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 7#h7 ,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-- 7i7 in paragraph 7#a71 by striking deems and inserting determines2 7ii7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by inserting determined to be necessary before by the ,secretary2 7iii7 by striking paragraph 7#d72 and 7iv7 by striking paragraph 7#e72 7,b7 in subsection 7b7-- 7i7 by striking paragraph 7#d72 and 7ii7 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 7b7 ,protection of private property rights in hydropower licensing 7#a7 ,licenses ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended1 in the third sentence-- 7,a7 by striking and after recreational opportunities12 and 7,b7 by inserting 1 and minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after aspects of environmental quality4 7#b7 ,private landownership ,section #aj of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7 is amended-- 7,a7 in subsection 7a77#a71 by inserting 1 including minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after section #d7;e72 and 7,b7 by adding at the end the following3 7k7 ,private landownership ,in developing any recreational resource within the project boundary1 the licensee shall consider private landownership as a means to encourage and facilitate-- 7#a7 private investment2 and 7#b7 increased tourism and recreational use4 4 7c7 ,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 ,commission1 in consultation with applicable ,federal and ,state agencies and interested members of the public1 shall-- 7,a7 compile current best practices in performing studies required in such license proceedings1 including methodologies and the design of studies to assess the full range of environmental impacts of a project that reflect the best available science2 7,b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings2 and 7,c7 encourage license applicants and 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 practicable and in accordance with the best available science1 the ,commission and other ,federal and ,state agencies considering an aspect of an application for ,federal authorization 7as defined in section #ce7;a77 shall-- 7,a7 use relevant existing studies and data2 and 7,b7 avoid duplicating current1 existing studies that are applicable to the relevant project4 7#c7 ,biological opinions ,to the maximum extent practicable1 the ,secretary of ,commerce and the ,secretary of the ,interior shall ensure that relevant offices within the ,national ,marine ,fisheries ,service and the ,united ,states ,fish and ,wildlife ,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 7b7 ,interagency rotations 7#a7 ,in general ,beginning not later than #a year after the date of enactment of this section1 the ,commission1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 and the ,secretary of the ,interior shall encourage greater interagency experience among executive branch personnel on matters involving implementation of this part4 7#b7 ,performance evaluations and hiring qualifications ,the encouragement provided by the ,commission and the ,secretaries under paragraph 7#a7 may include adding1 for appropriate categories of positions1 as determined by the ,commission and the ,secretaries1 participation and willingness to participate in interagency rotational service as-- 7,a7 factors in annual performance evaluations2 and 7,b7 hiring qualifications4 7c7 ,considerations for relicensing terms 7#a7 ,in general ,in determining the term of a new license issued when an existing license under this part expires1 the ,commission shall take into consideration1 among other things-- 7,a7 project-related investments by the licensee under the new license2 and 7,b7 project-related investments by the licensee over the term of the existing license4 7#b7 ,equal weight ,the determination of the ,commission under paragraph 7#a7 shall give equal weight to-- 7,a7 investments by the licensee to implement the new license under this part1 including investments relating to redevelopment1 new construction1 new capacity1 efficiency1 modernization1 rehabilitation1 safety improvements1 and environmental1 recreation1 and other protection1 mitigation1 or enhancement measures required or authorized by the new license2 and 7,b7 investments by the licensee over the term of the existing license 7including any terms under annual licenses7 beyond the investments required by the license on issuance of the license that-- 7i7 resulted in redevelopment1 new construction1 new capacity1 efficiency1 modernization1 rehabilitation1 safety improvements1 and environmental1 recreation1 and other protection1 mitigation1 or enhancement measures conducted over the term of the existing license2 and 7ii7 did not result in the extension of the term of the license by the ,commission4 #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 authorizations and for the purposes of complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to a ,federal authorization4 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 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 ,commission1 in accordance with the rule issued under subparagraph 7,c71 shall establish a case-by-case 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 ,rulemaking 7i7 ,commission rulemaking to establish process to set schedule ,not later than #ahj days after the date of enactment of this section1 the ,commission1 in consultation with the appropriate ,federal and ,state agencies and after providing for notice and public comment1 shall issue a rule establishing a process for setting a schedule1 to be applied on a case-by-case basis1 for applications for ,federal authorization filed under this part4 7ii7 ,considerations ,in issuing a rule under this subparagraph1 the ,commission shall consider including guidelines so that the schedule for each ,federal authorization-- 7,i7 includes deadlines for actions by-- 7aa7 any ,federal or ,state agency that may consider an aspect of an application for the ,federal authorization2 7bb7 the applicant2 7cc7 the ,commission2 and 7dd7 other participants in a proceeding2 7,,ii7 is developed in consultation with the applicant and any ,federal or ,state agency that may consider an aspect of an application for the applicable ,federal authorization2 7,,iii7 provides an opportunity for any ,federal or ,state agency that may consider an aspect of an application for the applicable ,federal authorization to identify and resolve issues of concern2 7,,iv7 complies with applicable schedules established under ,federal and ,state law2 7,v7 ensures expeditious completion of all proceedings required under ,federal and ,state law1 to the maximum extent practicable2 7,,vi7 facilitates completion of ,federal and ,state agency studies1 reviews1 and any other procedures required prior to1 or concurrent with1 the preparation of the environmental document of the ,commission required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 to the maximum extent practicable2 and 7,,vii7 provides a procedure for any modification to the schedule4 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 of ,agriculture 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 ,director of the ,office of ,management and ,budget1 acting in consultation with the ,chair of the ,council on ,environmental ,quality1 as appropriate-- 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 ,application processing 7#a7 ,in general ,federal and ,state agencies may allow an applicant seeking a ,federal authorization to fund a third-party contractor selected by the ,federal or ,state agency to assist in reviewing the application4 7#b7 ,direct funding for expedited consideration 7,a7 ,in general ,beginning in fiscal year #bjah1 a ,federal or ,state agency may accept and expend funds contributed by a license applicant seeking a ,federal authorization to carry out an activity that directly and meaningfully contributes to expediting the consideration by the agency of the application4 7,b7 ,relation to existing discretionary funds ,any funds received by an agency under this paragraph may be used only to carry out activities that would not otherwise occur within the same timeframe using discretionary funds provided in appropriations ,acts4 7#c7 ,consideration of costs ,any costs associated with a third-party contractor under paragraph 7#a71 and any expenditure of funds received by an agency under paragraph 7#b71 shall not be considered costs of the ,united ,states for the administration of this part under section #aj7;e74 7#d7 ,effect on application consideration ,in carrying out this subsection1 the ,commission or an applicable agency shall ensure that the use of license applicant funds under paragraph 7#a7 or 7#b7 will not impact impartial decisionmaking with respect to the responsibilities of the agency1 either substantively or procedurally1 under this part or any other ,federal law1 consistent with the regulations for implementing the procedural provisions of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 under parts #aejj through #aejh of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,voluntary funding ,nothing in this subsection requires or compels a license applicant-- 7,a7 to fund a third-party contractor under paragraph 7#a72 or 7,b7 to contribute direct funding for expedited consideration under paragraph 7#b74 7#f7 ,existing third-party contracts ,nothing in this section affects any third-party contract in effect as of the date of enactment of this section under section #bdjc of the ,energy ,policy ,act of #aiib 7#af ,u4,s4,c4 #gig;d7 7as in effect on the day before the date of enactment of this section74 7#g7 ,accountability 7,a7 ,reports ,a ,federal or ,state agency shall submit to the ,commission for each fiscal year a report that describes the manner in which the agency used funds under this subsection during that fiscal year4 7,b7 ,audits ,the ,comptroller ,general of the ,united ,states shall conduct periodic audits to ensure that ,federal and ,state agencies use funds in accordance with this subsection4 7e7 ,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 7,a7 ,in general ,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-- 7i7 energy supply1 distribution1 cost1 and use2 7ii7 flood control2 7iii7 navigation2 7iv7 water supply2 and 7v7 air quality and the preservation of other aspects of environmental quality4 7,b7 ,information from other agencies ,in preparing a written statement under subparagraph 7,a71 the head of a ,federal agency may make use of information produced or made available by other agencies with relevant expertise in the factors described in clauses 7i7 through 7v7 of that subparagraph4 7f7 ,conditions ,the ,secretary of ,agriculture shall not delegate the authority to require a condition under section #d7;e71 other than to the ,chief of the ,forest ,service or the ,under ,secretary for ,natural ,resources and ,environment4 7g7 ,interagency communications 7#a7 ,in general ,interagency cooperation in the preparation of environmental documents under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and interagency communications relating to licensing process coordination under this section shall not-- 7,a7 be considered to be ex parte communications under ,commission rules2 or 7,b7 preclude an agency from participating in a licensing proceeding under this part4 7#b7 ,separation of staff ,notwithstanding paragraph 7#a71 to the extent the ,commission determines necessary1 the ,commission may require ,federal and ,state agencies participating as cooperating agencies under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to demonstrate a separation of staff cooperating with the ,commission and staff that may participate in an intervention in the applicable proceeding under this part4 #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 or prescription 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 7c71 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 7#a7 ,in general ,all disputed issues of material fact raised by a party in a request for a trial-type hearing submitted under subsection 7c7 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 7#b7 ,requirement ,the trial-type hearing shall include the opportunity-- 7,a7 to undertake discovery2 and 7,b7 to cross-examine witnesses4 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 ,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;e74 7i7 ,licensing decision of ,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 ,director of the ,office of ,management and ,budget1 acting in consultation with the ,chair of the ,council on ,environmental ,quality1 as appropriate1 under section #ce7;c77#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 4 #cjjb4 ,evaluation of expedited licensing for qualified project upgrades 7a7 ,definition of project ,in this section1 the term project has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,evaluation ,the ,federal ,energy ,regulatory ,commission 7referred to in this part as the ,commission7 shall evaluate the potential to implement part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 more expeditiously for qualified project upgrades described in subsection 7c74 7c7 ,qualified project upgrade described ,a qualified project upgrade under subsection 7b7 shall be an amendment to the existing license of a project that involves changes that-- 7#a7 7,a7 are limited to the powerhouse equipment of the project2 or 7,b7 would result in environmental protection1 mitigation1 or enhancement measures to benefit fish and wildlife resources or other natural and cultural resources2 and 7#b7 7,a7 if carried out1 would be unlikely-- 7i7 to adversely affect any species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 or 7ii7 to result in the destruction or adverse modification of critical habitat in accordance with section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 7,b7 would be consistent with any applicable comprehensive plan under section #aj7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjc7;a772 7,c7 would result in insignificant environmental effects2 and 7,d7 would be unlikely to adversely affect water quality and water supply4 7d7 ,changes to policies and regulations 7#a7 ,in general ,in carrying out the evaluation under subsection 7b71 the ,commission may make the following changes to applicable policies and regulations3 7,a7 ,with respect to each type of qualified project upgrade described in subsection 7c71 establishing a qualifying determination process consisting of the following steps3 7i7 ,a license applicant shall file a notice of intent to amend an existing license of a project if the project is a qualified project upgrade described in subsection 7c74 7ii7 ,not later than #ae days after receipt of a notice of intent filed under clause 7i71 the ,commission shall make an initial determination of whether the project is a qualified project upgrade under subsection 7c74 7iii7 ,if the ,commission makes an affirmative initial determination under clause 7ii71 the ,commission shall make available to the public the notice of intent filed under clause 7i74 7iv7 ,if any person contests the initial determination of the ,commission under clause 7ii7 during the #de-;day period following the date on which the notice of intent is made publicly available under clause 7iii71 the ,commission shall promptly issue a written determination as to whether the project is a qualified project upgrade under subsection 7c74 7v7 ,if no person contests the initial determination of the ,commission under clause 7ii7 during the #de-;day period following the date on which the notice of intent is made publicly available under clause 7iii71 the project shall be considered to be a qualified project upgrade under subsection 7c74 7,b7 ,with respect to a qualified project upgrade described in subsection 7c71 making the following changes to the application process1 as applicable3 7i7 ,if an application for an amendment to the existing license provides for the addition of a new generating unit1 not automatically considering that addition by itself to be an amendment that involves additional capacity1 as described in sections #d4bja7;b7 and #d4ch7;a77#f77;iv7 of title #ah1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7ii7 ,requiring fewer exhibits as part of the amendment application1 as described in section #d4bja7;b7 of title #ah1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7iii7 ,reviewing and updating1 as necessary1 the existing categorical exclusions described in section #chj4d of title #ah1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7,c7 ,such other changes with respect to qualified project upgrades as the ,commission determines to be appropriate and in accordance with applicable law4 7#b7 ,public input 7,a7 ,evaluation ,in carrying out paragraph 7#a71 the ,commission shall hold-- 7i7 #a or more public workshops2 and 7ii7 a public comment period4 7,b7 ,policy or regulatory changes ,in carrying out paragraph 7#a71 the ,commission shall consider public comments before finalizing any change to policy or regulation4 7e7 ,schedule ,in carrying out this section1 the ,commission shall comply with the following schedule3 7#a7 ,not later than #fj days after the date of enactment of this ,act1 initiate the evaluation under subsection 7b74 7#b7 ,not later than #ij days after the date on which the evaluation is initiated under paragraph 7#a71 hold #a or more public workshops1 as described in subsection 7d77#b77;,a74 7#c7 ,not later than #abj days after the date on which the first public workshop is held under paragraph 7#b71 complete a public comment period4 7#d7 ,not later than #ij days after the date on which the public comment period is completed under paragraph 7#c71 propose any changes to existing policy or regulations4 7#e7 ,not later than #ij days after the date on which any changes are proposed under paragraph 7#d71 finalize any policy changes resulting from the evaluation under subsection 7b74 7#f7 ,not later than #a year after proposing any changes to existing regulations under paragraph 7#d71 finalize any changes to existing regulations resulting from the evaluation under subsection 7b74 7f7 ,effect of changes ,any changes to policy or regulations finalized by the ,commission under this section shall seek to reduce the time required1 as of the date of enactment of this ,act1 for a qualified project upgrade described in subsection 7c7 to receive a license amendment under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq474 #cjjc4 ,regulations to establish a #b-year process for certain nonpowered dams and closed-loop pumped storage projects ,section #f of the ,hydropower ,regulatory ,efficiency ,act of #bjac 7#af ,u4,s4,c4 #gig note2 ,public ,law #aac-bc7 is amended by adding at the end the following3 7e7 ,regulations to establish #b-year process ,not later than #ahj days after the date of enactment of the ,energy and ,natural ,resources ,act of #bjag1 the ,commission shall initiate proceedings to promulgate revised regulations relating to the integrated licensing process1 alternative licensing process1 or traditional licensing process of the ,commission1 as the ,commission determines to be appropriate1 to establish1 based on the report issued under subsection 7d77#b71 a #b-year process for original licenses at nonpowered dams in existence on the date of enactment of the ,energy and ,natural ,resources ,act of #bjag or closed-loop pumped storage projects 7as defined by the ,commission after the consideration of public comments74 4 #cjjd4 ,regionwide pilot program 7a7 ,in general ,the ,commission 7as 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 other applicable ,federal agencies1 shall direct regionwide studies to inform subsequent project-level studies within each region4 7b7 ,designation ,not later than #b years after the date of enactment of this ,act1 if the conditions under subsection 7c7 are met1 the ,commission1 in consultation with the heads of other applicable ,federal agencies1 shall designate #a or more regions to be studied under this section4 7c7 ,voluntary basis ,the ,commission may only designate regions under subsection 7b7 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 licensees1 to the extent the region contains projects owned or operated by more than #a licensee1 and applicable ,federal and ,state agencies with respect to conducting regionwide studies4 7d7 ,single licensee ,the ,commission may designate regions under subsection 7b7 that contain only projects owned or operated by a single licensee4 7e7 ,scale ,the regions designated under subsection 7b7 shall-- 7#a7 be at an adequately large scale to cover at least #c existing projects that-- 7,a7 are licensed under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq472 and 7,b7 the licenses of which shall expire not later than #ae years after the date of enactment of this ,act2 and 7#b7 be likely to yield regionwide studies and information that will significantly reduce the need for and scope of subsequent project-level studies and information4 7f7 ,regionwide study scope ,the ,commission shall ensure that regionwide studies conducted under this section concentrate on information specifically relevant to license applications under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq474 7g7 ,project license terms ,the ,commission may extend the term of any existing license within a region designated under subsection 7b7 by up to #h years to provide sufficient time for relevant regionwide studies to inform subsequent project-level studies4 #cjje4 ,pumped storage hydropower 7a7 ,report on pumped storage hydropower barriers 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 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 a report-- 7,a7 7i7 describing any barriers to the development and proper compensation of pumped storage hydropower projects and other energy storage facilities caused by-- 7,i7 rules of ,transmission ,organizations 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif772 or 7,,ii7 regulations or policies-- 7aa7 of the ,commission2 or 7bb7 under the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq472 and 7ii7 containing recommendations of the ,commission for reducing those barriers2 7,b7 identifying and determining any market1 procurement1 or cost recovery mechanisms that would-- 7i7 encourage development of pumped storage hydropower projects2 and 7ii7 properly compensate pumped storage hydropower projects for the full range of services provided to the electric grid1 including-- 7,i7 balancing electricity supply and demand2 7,,ii7 ensuring grid reliability2 and 7,,iii7 integrating intermittent power sources into the grid in a cost-effective manner2 and 7,c7 identifying ownership and development models that could reduce barriers to the development of pumped storage hydropower projects1 including-- 7i7 opportunities for risk-sharing mechanisms and partnerships1 including co-ownership models2 and 7ii7 opportunities to foster lease sale and lease-back arrangements with publicly owned electric utilities4 7#b7 ,current proceeding ,the ,commission shall base the report under paragraph 7#a7 on the findings of the ,commission in-- 7,a7 ,docket ,no4 ,,ad#af-bj-jjj2 and 7,b7 any other relevant proceedings4 7b7 ,traditional licensing process timeline ,it is the sense of ,congress that a license order of the ,commission under part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 for a pumped storage project should be issued by the date that is #a year after the date on which the ,commission considers the application for the project to be complete if-- 7#a7 the license applicant has filed a license application in accordance with subpart ,d of part #d of title #ah1 ,code of ,federal ,regulations 7or successor regulations72 and 7#b7 after carrying out an environmental assessment under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the project1 the ,commission concludes that no environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary for the project4 #cjjf4 ,annual reports ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 7as amended by section #cjja7;c77 is amended by adding at the end the following3 #cg4 ,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 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 climactic1 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 #cjjg4 ,synchronization of hydroelectric licensing processes of the ,bureau of ,reclamation and the ,federal ,energy ,regulatory ,commission 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,bureau of ,reclamation and the ,commission shall enter into a memorandum of understanding to synchronize1 to the maximum extent practicable1 the lease of power and privilege process and regulations of the ,bureau and the licensing requirements of the ,commission1 relating to hydroelectric power for any project 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 that is subject1 in whole or in part1 to the jurisdiction of the ,bureau of ,reclamation and the ,commission4 7b7 ,memorandum of understanding ,in entering into the memorandum of understanding required under subsection 7a71 the ,bureau of ,reclamation and the ,commission shall1 to the maximum extent practicable-- 7#a7 establish a process to facilitate timely licensing and permitting of hydropower projects1 including pumped storage hydroelectric projects2 7#b7 include a public workshop and comment period2 7#c7 consider a phased approach to synchronize processes for authorizing non-,federal pumped storage hydropower projects with an environmental review phase followed by an engineering and technical analysis phase2 and 7#d7 consider a phased approach that allows incremental funding of a project by a developer4 #cjjh4 ,federal ,energy ,regulatory ,commission projects 7a7 ,gibson ,dam 7#a7 ,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 #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 notice1 in accordance with the good faith1 due diligence1 and public interest requirements of1 and the procedures of the ,commission under1 that section1 extend the time period during which the licensee is required to commence construction of the project for not more than #c consecutive #b-year periods from the date of the expiration of the extension originally issued by the ,commission4 7#b7 ,reinstatement of expired license 7,a7 ,in general ,if the period required for the commencement of construction of the project described in paragraph 7#a7 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 subparagraph 7,a71 the first extension authorized under paragraph 7#a7 shall take effect on the date of that expiration4 7b7 ,cannonsville ,dam 7#a7 ,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 ,commission project numbered #acbhg1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the 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 7#b7 ,reinstatement of expired license 7,a7 ,in general ,if the period required for the commencement of construction of the project described in paragraph 7#a7 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 subparagraph 7,a71 the first extension authorized under paragraph 7#a7 shall take effect on the date of that expiration4 7c7 ,w4 ,kerr ,scott ,dam 7#a7 ,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 ,commission project numbered #abfdb1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the 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 7#b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in paragraph 7#a7 has expired prior to the date of enactment of this ,act-- 7,a7 the ,commission may reinstate the license effective as of the date of the expiration of the license2 and 7,b7 the first extension authorized under paragraph 7#a7 shall take effect on that expiration date4 7d7 ,gathright ,dam 7#a7 ,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 ,commission project numbered #abgcg1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the 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 7#b7 ,reinstatement of expired license ,if the period required for commencement of construction of the project described in paragraph 7#a7 has expired prior to the date of enactment of this ,act-- 7,a7 the ,commission may reinstate the license for the project effective as of the date of the expiration of the license2 and 7,b7 the first extension authorized under paragraph 7#a7 shall take effect on that expiration4 7e7 ,flannagan ,dam 7#a7 ,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 ,commission project numbered #abgdj1 the ,commission may1 at the request of the licensee for the project1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of that section and the 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 7#b7 ,reinstatement of expired license ,if the period required for commencement of construction of a project described in paragraph 7#a7 has expired prior to the date of enactment of this ,act-- 7,a7 the ,commission may reinstate the license for the project effective as of the date of the expiration of the license2 and 7,b7 the first extension authorized under paragraph 7#a7 shall take effect on that expiration4 7f7 ,jennings ,randolph ,dam 7#a7 ,extension of time ,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 ,commission project numbered #abgae 7referred to in this subsection as the project71 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 of1 and the procedures of the ,commission under1 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 periods that begin on the date of the expiration of the extension originally issued by the ,commission4 7#b7 ,reinstatement of expired license 7,a7 ,in general ,if the period required for the commencement of construction of the project has expired before the date of enactment of this ,act1 the ,commission may reinstate the license effective as of the date of the expiration of the license4 7,b7 ,extension ,if the ,commission reinstates the license under subparagraph 7,a71 the first extension authorized under paragraph 7#a7 shall take effect on the date of that expiration4 7g7 ,mahoney ,lake ,hydroelectric ,project 7#a7 ,definitions ,in this subsection3 7,a7 ,license ,the term license means the license for the ,commission project numbered #aacic4 7,b7 ,licensee ,the term licensee means the holder of the license4 7#b7 ,stay of license ,on the request of the licensee1 the ,commission shall issue an order continuing the stay of the license4 7#c7 ,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 paragraph 7#b72 and 7,b7 make the effective date of the license the date on which the stay is lifted under subparagraph 7,a74 7#d7 ,extension of license 7,a7 ,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 ,commission project numbered #aacic1 the ,commission may1 at the request of the licensee1 and after reasonable notice1 in accordance with the good faith1 due diligence1 and public interest requirements of1 and the procedures of the ,commission under1 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 periods from the date of the expiration of the extension originally issued by the ,commission4 7,b7 ,reinstatement of expired license 7i7 ,in general ,if the period required for the commencement of construction of the project described in subparagraph 7,a7 has expired prior to the date of enactment of this ,act1 the ,commission may reinstate the license effective as of the date of the expiration of the license4 7ii7 ,extension ,if the ,commission reinstates the license under clause 7i71 the first extension authorized under subparagraph 7,a7 shall take effect on the date of that expiration4 7#e7 ,effect ,nothing in this subsection prioritizes1 or creates any advantage or disadvantage to1 ,commission project numbered #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 subsection4 7h7 ,terror ,lake ,hydroelectric ,project ,upper ,hidden ,basin ,diversion 7#a7 ,definitions ,in this subsection3 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 the ,commission project numbered #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 #bjad1 and submitted to the ,alaska ,energy ,authority ,renewable ,energy ,fund ,round ,,viii by ,kodiak ,electric ,association1 ,inc4 7#b7 ,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 7#c7 ,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 ,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 #cjji4 ,study of surrender or transfer of licenses for nonpowered sites ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall prepare and 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 identifies the hydropower projects licensed by the ,commission that are located at a nonpowered site that serves as storage to support downstream power generation2 7#b7 analyzes the value of electric power generation associated with the projects identified under paragraph 7#a7 relative to the value of nonpower generation functions associated with the same projects1 including recreational and environmental functions2 7#c7 describes the range of options that exist under law in effect on the date of enactment of this ,act with respect to the surrender or transfer of a license1 including a representative range of actual measures required by the ,commission of project owners that have surrendered or transferred a license2 7#d7 identifies any barriers to the surrender or transfer of the licenses for the identified projects2 and 7#e7 identifies costs incurred by licensees of the identified projects resulting from requirements imposed by a ,commission license1 including applicable costs broken down by categories related to-- 7,a7 the environment1 including fish and wildlife measures2 7,b7 human safety2 7,c7 electric reliability2 7,d7 recreation2 7,e7 cultural resources2 7,f7 flood control2 7,g7 navigation2 7,h7 irrigation2 and 7,i7 any other relevant category as determined by the ,commission4 #cjaj4 ,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 #bjah through #bjbg4 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 #bjah through #bjbg4 ,,ii ,geothermal #cjaa4 ,geothermal energy 7a7 ,sense of ,congress regarding 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 ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey1 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 7b7 ,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 7c7 ,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 subsection 7b77 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 and ,natural ,resources ,act of #bjag1 the ,secretary shall issue regulations to carry out this paragraph4 4 7d7 ,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 subsection 7a74 7e7 ,reauthorization of the ,advanced ,geothermal ,energy ,research and ,development ,act of #bjjg ,section #fbc of the ,advanced ,geothermal ,energy ,research and ,development ,act of #bjjg 7#db ,u4,s4,c4 #agbjb7 is amended by striking #bjab each place it appears and inserting #bjbb4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsections 7a7 through 7d7 and the amendments made by those subsections #e1jjj1jjj for each of fiscal years #bjah through #bjbb4 #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 ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 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 regulation71 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 #cjba4 ,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 #cjbb4 ,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 and demonstration to accelerate the introduction of marine and hydrokinetic renewable energy production into the ,united ,states energy supply1 giving priority to technologies most likely to lead to commercial utilization1 while fostering accelerated research1 development1 and demonstration 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 7,a7 to coordinate the programs carried out under this section with1 and avoid duplication of activities across1 programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories2 and 7,b7 to coordinate public-private collaboration in carrying out the programs under this section2 7#i7 to identify opportunities for joint research and development programs and the development of economies of scale between-- 7,a7 marine and hydrokinetic renewable technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 7#aj7 to identify1 in conjunction with the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 and other ,federal agencies as appropriate1 the potential environmental impacts1 including potential impacts on fisheries and other marine resources1 of marine and hydrokinetic renewable energy technologies1 measures to prevent adverse impacts1 and technologies and other means available for monitoring and determining environmental impacts2 7#aa7 to identify1 in conjunction with the ,secretary of the ,department in which the ,united ,states ,coast ,guard is operating1 acting through the ,commandant of the ,united ,states ,coast ,guard1 the potential navigational impacts of marine and hydrokinetic renewable energy technologies and measures to prevent adverse impacts on navigation2 and 7#ab7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 to encourage international research centers and international companies to participate in the development of water technology in the ,united ,states and to encourage ,united ,states research centers and companies to participate in water technology projects abroad4 4 #cjbc4 ,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 ,the ,centers 7including each ,center that has been established as of the date of enactment of the ,energy and ,natural ,resources ,act of #bjag7 shall coordinate with the ,department and the ,national ,laboratories-- 7#a7 to advance research1 development1 and demonstration of marine and hydrokinetic renewable energy technologies2 7#b7 to 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 to 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 #cjbd4 ,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 #bjah and #bjai and #fj1jjj1jjj for each of fiscal years #bjbj through #bjbb4 ,,iv ,thermal ,energy #cjca4 ,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;a77#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 ,b ,oil and ,gas #caja4 ,methane hydrate research and development ,section #g of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjf7 is amended to read as follows3 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ce1jjj1jjj for each of fiscal years #bjah through #bjbb4 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 ,secretary shall submit to ,congress a report on the results of the study conducted under subsection 7a74 #cajc4 ,,ferc process coordination 7a7 ,in general ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended-- 7#a7 in subsection 7a71 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#b7 by striking the section designation and heading and all that follows through ,federal authorization-- and inserting the following3 #ae4 ,process coordination2 hearings2 rules of procedure 7a7 ,definitions ,in this section3 7#a7 ,environmental review ,the term environmental review means the agency procedures and processes for applying a categorical exclusion or for preparing an environmental assessment1 an environmental impact statement1 or other document required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,federal authorization ,the term ,federal authorization-- 2 7#c7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,other agencies 7,a7 ,in general ,each ,federal agency and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission and comply with the deadlines established by the ,commission4 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by a prospective applicant of a potential project requiring ,commission authorization1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for that ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency identified under subparagraph 7,b7 of the opportunity to cooperate or participate in the review process4 7ii7 ,deadline ,a notification issued under clause 7i7 shall establish a deadline by which a response to the notification shall be submitted1 which may be extended by the ,commission for good cause4 2 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following3 7,b7 set schedules for all such ,federal authorizations2 and 2 7,b7 by striking paragraph 7#b72 and 7,c7 by adding at the end the following3 7#b7 ,deadline for federal authorizations ,unless a schedule is otherwise established by ,federal law1 a final decision on a ,federal authorization shall be due not later than #ij days after the agency has determined that an application is categorically excluded under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the notice of availability of the final environmental impact statement or finding of no significant impact is made available to the affected public4 7#c7 ,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 7#d7 ,concurrent reviews ,pursuant to the schedule established under paragraph 7#a71 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 environmental review1 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 paragraph 7#a72 and 7,c7 transmit to the ,commission a statement-- 7i7 acknowledging receipt of the schedule described in paragraph 7#a72 and 7ii7 describing the plan formulated under subparagraph 7,b74 7#e7 ,issue identification 7,a7 ,federal and ,state agencies that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting or denying such authorization4 7,b7 ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of a failure by the ,state agency1 the ,federal agency overseeing the delegated authority7 for resolution4 7#f7 ,failure to meet schedule ,if a ,federal or ,state agency does not complete a proceeding required for a ,federal authorization in accordance with the schedule established by the ,commission under paragraph 7#a7-- 7,a7 the applicant may pursue remedies under section #ai7;d72 and 7,b7 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the proceeding4 2 7#e7 by redesignating subsections 7d7 through 7f7 as subsections 7f7 through 7h71 respectively2 and 7#f7 by inserting after subsection 7c7 the following3 7d7 ,geomatic data 7#a7 ,in general ,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 submitted by the applicant which was 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 ,the applicable agency may grant conditional approval for ,federal authorization1 conditioned on the verification of such data by subsequent onsite inspection4 7#b7 ,applicable law ,any geomatic data submitted as part of a ,federal authorization shall have been gathered in compliance with all applicable laws 7including regulations74 7e7 ,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 4 7b7 ,effect ,nothing in this section or the amendments made by this section prohibits the participation of an applicant in any other expedited permitting program4 #cajd4 ,department of the ,interior 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 #bjah1 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 ,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 ,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 exploration1 development1 mining1 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 #ecjd74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,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 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-- 7,a7 educational and research capabilities at not lower than the secondary school level2 and 7,b7 workforce training for exploration and development of critical minerals and critical mineral manufacturing2 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 and ,natural ,resources ,act of #bjag4 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 7acting through the ,director of the ,united ,states ,geological ,survey7 7referred to in this section 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 #bjag2 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 7g7 ,application ,section #dajja7f77;,a7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7#f77;,a77 is amended in the matter preceding clause 7i7 by inserting 7including critical mineral manufacturing 7as defined in section #ccja of the ,energy and ,natural ,resources ,act of #bjag77 after manufacturing4 #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 #bjah through #bjbg1 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 #bjah through #bjbg4 ,e ,fossil ,energy #cdja4 ,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 #cdjb4 ,establishment of coal technology program ,the ,energy ,policy ,act of #bjje is amended by striking section #ifb 7#db ,u4,s4,c4 #afbib7 and inserting 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 the ,secretary determines 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 the ,energy and ,natural ,resources ,act of #bjag4 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 taking into consideration the recommendations of 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 the ,energy and ,natural ,resources ,act of #bjag1 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 #bjah through #bjba2 and 7ii7 #bjj1jjj1jjj for fiscal year #bjbb2 7,b7 for activities under the demonstration projects program component described in subsection 7b77#b77;,c7-- 7i7 #ej1jjj1jjj for each of fiscal years #bjah through #bjba2 and 7ii7 #ge1jjj1jjj for fiscal year #bjbb2 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 #bjah through #bjbb2 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 #bjah through #bjbb4 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 #cdjc4 ,report on carbon dioxide capture contracting authority ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended by adding at the end the following3 7e7 ,report on carbon dioxide capture contracting authority 7#a7 ,definition of electric generation unit ,in this subsection1 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 7#b7 ,report ,not later than #ahj days after the date of enactment of the ,energy and ,natural ,resources ,act of #bjag1 the ,secretary shall prepare and submit to the appropriate committees of ,congress a report that-- 7,a7 describes the costs and benefits of entering into long-term binding contracts on behalf of the ,federal ,government with qualified parties to provide support 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-- 7i7 the recovery of crude oil2 or 7ii7 other purposes for which a commercial market exists2 7,b7 contains an analysis of how the ,department would establish1 implement1 and maintain a contracting program described in subparagraph 7,a72 and 7,c7 outlines options for how contracts may be structured1 and regulations that would be necessary1 to implement a contracting program described in subparagraph 7,a74 4 ,f ,nuclear #ceja4 ,nuclear energy innovation capabilities 7a7 ,nuclear energy ,section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 is amended to read as follows3 #iea4 ,nuclear energy 7a7 ,mission 7#a7 ,in general ,the ,secretary shall carry out programs of civilian nuclear research1 development1 demonstration1 and commercial application1 including activities under this subtitle4 7#b7 ,considerations ,the programs carried out under paragraph 7#a7 shall take into consideration the following objectives3 7,a7 ,providing research infrastructure to promote scientific progress and enable users from academia1 the ,national ,laboratories1 and the private sector to make scientific discoveries relevant for nuclear1 chemical1 and materials science engineering4 7,b7 ,maintaining nuclear energy research and development programs at the ,national ,laboratories and institutions of higher education1 including infrastructure at the ,national ,laboratories and institutions of higher education4 7,c7 ,providing the technical means to reduce the likelihood of nuclear proliferation4 7,d7 ,increasing confidence margins for public safety of nuclear energy systems4 7,e7 ,reducing the environmental impact of activities relating to nuclear energy4 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 subparagraphs 7,a7 through 7,f74 7b7 ,definitions ,in this subtitle3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor means-- 7,a7 a nuclear fission reactor with significant improvements over the most recent generation of nuclear fission reactors1 which may include-- 7i7 inherent safety features2 7ii7 lower waste yields2 7iii7 greater fuel utilization2 7iv7 superior reliability2 7v7 resistance to proliferation2 7vi7 increased thermal efficiency2 and 7vii7 the ability to integrate into electric and nonelectric applications2 or 7,b7 a nuclear fusion reactor4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,fast neutron ,the term fast neutron means a neutron with kinetic energy above #ajj kiloelectron volts4 7#d7 ,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 #b4 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#e7 ,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#f7 ,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 4 7b7 ,nuclear energy research programs 7#a7 ,in general ,section #ieb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgb7 is amended-- 7,a7 by striking subsection 7c72 and 7,b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 7#b7 ,conforming amendment ,section #fda7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjba7;b77#a77 is amended by striking section #idb7;d7 and inserting section #ieb7;c74 7c7 ,advanced fuel cycle initiative ,section #iec7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgc7;a77 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 7d7 ,university nuclear science and engineering support ,section #ied7;d77#d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;d77#d77 is amended by striking as part of a taking into consideration effort that emphasizes and inserting that emphasize4 7e7 ,department of ,energy civilian nuclear infrastructure and facilities ,section #iee of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbge7 is amended-- 7#a7 by striking subsections 7c7 and 7d72 and 7#b7 by adding at the end the following3 7c7 ,versatile neutron source 7#a7 ,mission need 7,a7 ,in general ,not later than ,december #ca1 #bjag1 the ,secretary shall determine the mission need for a versatile reactor-based fast neutron source1 which shall operate as a national user facility4 7,b7 ,consultations 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 described in subparagraph 7,a7 will meet the research needs of the largest practicable majority of prospective users4 7#b7 ,establishment ,as soon as practicable after determining the mission need under paragraph 7#a77;,a71 the ,secretary shall submit to the appropriate committees of ,congress a detailed plan for the establishment of the user facility4 7#c7 ,facility requirements 7,a7 ,capabilities ,the ,secretary shall ensure that the user facility will provide1 at a minimum1 the following capabilities3 7i7 ,fast neutron spectrum irradiation capability4 7ii7 ,capacity for upgrades to accommodate new or expanded research needs4 7,b7 ,considerations ,in carrying out the plan submitted under paragraph 7#b71 the ,secretary shall consider the following3 7i7 ,capabilities that support experimental high-temperature testing4 7ii7 ,providing a source of fast neutrons at a neutron flux1 higher than that at which current research facilities operate1 sufficient to enable research for an optimal base of prospective users4 7iii7 ,maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible4 7iv7 ,capabilities for irradiation with neutrons of a lower energy spectrum4 7v7 ,multiple loops for fuels and materials testing in different coolants4 7vi7 ,additional pre-irradiation and post-irradiation examination capabilities4 7vii7 ,lifetime operating costs and lifecycle costs4 7#d7 ,deadline for establishment ,the ,secretary shall1 to the maximum extent practicable1 complete construction of1 and approve the start of operations for1 the user facility by not later than ,december #ca1 #bjbf4 7#e7 ,reporting ,the ,secretary shall include in the annual budget request of the ,department an explanation for any delay in the progress of the ,department in completing the user facility by the deadline described in paragraph 7#d74 7#f7 ,coordination ,the ,secretary shall leverage the best practices for management1 construction1 and operation of national user facilities from the ,office of ,science4 4 7f7 ,security of nuclear facilities ,section #ief of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgf7 is amended by striking 1 acting through the ,director of the ,office of ,nuclear ,energy1 ,science and ,technology14 7g7 ,high-performance computation and supportive research ,section #ieg of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgg7 is amended to read as follows3 #ieg4 ,high-performance computation and supportive research 7a7 ,modeling and simulation ,the ,secretary shall carry out a program to enhance the capabilities of the ,united ,states to develop new reactor technologies through high-performance computation modeling and simulation techniques4 7b7 ,coordination ,in carrying out the program under subsection 7a71 the ,secretary shall coordinate with relevant ,federal agencies as described by the ,national ,strategic ,computing ,initiative established by ,executive ,order #acgjb 7#hj ,fed4 ,reg4 #dfagg 7,july #bi1 #bjae771 while taking into account the following objectives3 7#a7 ,using expertise from the private sector1 institutions of higher education1 and the ,national ,laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration4 7#b7 ,developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation4 7#c7 ,increasing the utility of the research infrastructure of the ,department by coordinating with the ,advanced ,scientific ,computing ,research program within the ,office of ,science4 7#d7 ,leveraging experience from the ,energy ,innovation ,hub for ,modeling and ,simulation4 7#e7 ,ensuring that new experimental and computational tools are accessible to relevant research communities1 including private sector entities engaged in nuclear energy technology development4 7c7 ,supportive research activities ,the ,secretary shall consider support for additional research activities to maximize the utility of the research facilities of the ,department1 including physical processes-- 7#a7 to simulate degradation of materials and behavior of fuel forms2 and 7#b7 for validation of computational tools4 4 7h7 ,enabling nuclear energy innovation ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 is amended by adding at the end the following3 #ieh4 ,enabling nuclear energy innovation 7a7 ,national reactor innovation center ,there is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector4 7b7 ,technical expertise ,in carrying out the program under subsection 7a71 the ,secretary shall leverage the technical expertise of relevant ,federal agencies and the ,national ,laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at ,national ,laboratories or other ,department-owned sites4 7c7 ,objectives ,the reactors described in subsection 7b7 shall operate to meet the following objectives3 7#a7 ,enabling physical validation of advanced nuclear reactor concepts4 7#b7 ,resolving technical uncertainty and increasing practical knowledge relevant to safety1 resilience1 security1 and functionality of advanced nuclear reactor concepts4 7#c7 ,general research and development to improve nascent technologies4 7d7 ,sharing technical expertise ,in carrying out the program under subsection 7a71 the ,secretary may enter into a memorandum of understanding with the ,chairman of the ,commission in order to share technical expertise and knowledge through-- 7#a7 enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded by the private sector2 7#b7 operating a database to store and share data and knowledge relevant to nuclear science and engineering between ,federal agencies and the private sector2 7#c7 developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors2 7#d7 leveraging expertise from the ,commission with respect to safety analysis2 and 7#e7 enabling technical staff of the ,commission to actively observe and learn about technologies developed under the program4 7e7 ,agency coordination ,the ,chairman of the ,commission and the ,secretary shall enter into a memorandum of understanding regarding the following3 7#a7 ,ensuring that-- 7,a7 the ,department has sufficient technical expertise to support the timely research1 development1 demonstration1 and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology2 and 7,b7 the ,commission has sufficient technical expertise to support the evaluation of applications for licenses1 permits1 and design certifications and other requests for regulatory approval for advanced nuclear reactors4 7#b7 ,the use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors4 7#c7 ,ensuring that-- 7,a7 the ,department maintains and develops the facilities necessary to enable the timely research1 development1 demonstration1 and commercial application by the civilian nuclear industry of safe and innovative reactor technology2 and 7,b7 the ,commission has access to the facilities described in subparagraph 7,a71 as needed4 7f7 ,reporting requirements 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,energy and ,natural ,resources ,act of #bjag1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall submit to the appropriate committees of ,congress a report assessing the capabilities of the ,department to authorize1 host1 and oversee privately funded experimental advanced nuclear reactors as described in subsection 7b74 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall address-- 7,a7 the safety review and oversight capabilities of the ,department1 including options to leverage expertise from the ,commission and the ,national ,laboratories2 7,b7 options to regulate privately proposed and funded experimental reactors hosted by the ,department2 7,c7 potential sites capable of hosting privately funded experimental advanced nuclear reactors2 7,d7 the efficacy of the available contractual mechanisms of the ,department to partner with the private sector and ,federal agencies1 including cooperative research and development agreements1 strategic partnership projects1 and agreements for commercializing technology2 7,e7 the liability of the ,federal ,government with respect to the disposal of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste 7as those terms are defined in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja772 7,f7 the impact on the aggregate inventory in the ,united ,states of low-level radioactive waste1 spent nuclear fuel1 or high-level radioactive waste 7as those terms are defined in section #b of the ,nuclear ,waste ,policy ,act of #aihb 7#db ,u4,s4,c4 #ajaja772 7,g7 potential cost structures relating to physical security1 decommissioning1 liability1 and other long-term project costs2 and 7,h7 other challenges or considerations identified by the ,secretary4 7#c7 ,updates ,once every #b years1 the ,secretary shall update relevant provisions of the report submitted under paragraph 7#a7 and submit to the appropriate committees of ,congress the update4 7g7 ,savings clauses 7#a7 ,licensing requirement ,nothing in this section authorizes the ,secretary or any person to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the ,commission in accordance with section #bjb of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehdb74 7#b7 ,financial protection ,any activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of section #agj of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbaj7 7commonly known as the ,price-,anderson ,act74 4 7i7 ,budget plan 7#a7 ,in general ,subtitle ,e of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga et seq47 7as amended by subsection 7h77 is amended by adding at the end the following3 #iei4 ,budget plan 7a7 ,in general ,not later than #a year after the date of enactment of the ,energy and ,natural ,resources ,act of #bjag1 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 #b alternative #aj-year budget plans for civilian nuclear energy research and development by the ,secretary1 as described in subsections 7b7 through 7d74 7b7 ,budget plan alternative #a ,one of the budget plans submitted under subsection 7a7 shall assume constant annual funding for #aj years at the appropriated level for the civilian nuclear energy research and development of the ,department for fiscal year #bjag4 7c7 ,budget plan alternative #b ,one of the budget plans submitted under subsection 7a7 shall be an unconstrained budget4 7d7 ,inclusions ,each alternative budget plan submitted under subsection 7a7 shall include-- 7#a7 a prioritized list of the programs1 projects1 and activities of the ,department to best support the development of advanced nuclear reactor technologies2 7#b7 realistic budget requirements for the ,department to implement sections #iee7;c71 #ieg1 and #ieh2 and 7#c7 the justification of the ,department for continuing or terminating existing civilian nuclear energy research and development programs4 4 7#b7 ,report on ,fusion ,innovation 7,a7 ,in general ,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 ,science1 ,space1 and ,technology of the ,house of ,representatives a report identifying engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than #ae years after the start of construction4 7,b7 ,inclusions ,the report submitted under subparagraph 7,a7 shall identify budgetary requirements that would be necessary for the ,department to carry out a fusion innovation initiative to accelerate research and development of the engineering designs identified in the report4 7#c7 ,conforming amendments ,the table of contents for the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #ieg and inserting the following3 #ieg4 ,high-performance computation and supportive research4 #ieh4 ,enabling nuclear energy innovation4 #iei4 ,budget plan4 4 7j7 ,advanced nuclear reactor regulatory framework 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,nuclear ,regulatory ,commission 7referred to in this subsection as the ,commission7 shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a plan for developing an efficient1 risk-informed1 and technology-neutral framework for licensing advanced nuclear reactors 7as defined in subsection 7b7 of section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7 7as amended by subsection 7a7774 7#b7 ,requirements ,consistent with the role of the ,commission in protecting public health and safety and common defense and security1 the plan submitted under paragraph 7#a7 shall evaluate the following3 7,a7 ,the unique aspects of advanced nuclear reactor licensing and any associated legal1 regulatory1 and policy issues the ,commission will need to address to develop a framework for licensing advanced nuclear reactors4 7,b7 ,options for licensing advanced nuclear reactors under-- 7i7 regulations of the ,commission under title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 7ii7 a proposed new regulatory framework2 or 7iii7 a combination of the approaches described in clauses 7i7 and 7ii74 7,c7 ,options to expedite and streamline the licensing of advanced nuclear reactors1 including opportunities-- 7i7 to minimize the time from the date of the application submission to the date of the final ,commission licensing decision2 and 7ii7 to minimize the delays that may result from any necessary amendments or supplements to applications4 7,d7 ,options to expand the incorporation of consensus-based codes and standards into the advanced nuclear reactor regulatory framework-- 7i7 to minimize the time to completion of licensing2 and 7ii7 to provide flexibility in implementation of the framework4 7,e7 ,options to make the advanced nuclear reactor licensing framework more predictable1 including considering opportunities to improve the process by which application review milestones are established and maintained4 7,f7 ,options to allow applicants to use phased review processes under which the ,commission issues approvals that do not require the ,commission to rereview previously approved information1 including considering the ability of the ,commission to review and conditionally approve partial applications1 early design information1 and submissions that contain design criteria and processes to be used to develop information to support a later phase of the design review4 7,g7 ,the extent to which action by1 or modifications of policies of1 the ,commission are needed to implement any part of the plan required under paragraph 7#a74 7,h7 ,the role of licensing advanced nuclear reactors within long-term strategic resource planning1 staffing1 and funding levels of the ,commission4 7,i7 ,options to provide cost-sharing financial structures for license applicants in a phased licensing process4 7#c7 ,coordination and ,stakeholder ,input ,required ,in developing the plan under paragraph 7#a71 the ,commission shall seek input from the ,department1 the nuclear industry1 and other public stakeholders4 7#d7 ,cost and ,schedule ,estimate ,the plan required under paragraph 7#a7 shall include proposed cost estimates1 budgets1 and specific milestones for implementing the advanced nuclear reactor regulatory framework by ,september #cj1 #bjai4 7#e7 ,design ,certification ,status 7,a7 ,in general ,in the first budget request of the ,commission after the date of acceptance of any design certification application for an advanced nuclear reactor1 and annually thereafter1 the ,commission shall provide the status of performance metrics and milestone schedules for the advanced nuclear reactor4 7,b7 ,requirement ,a budget request under subparagraph 7,a7 shall include a plan to correct or recover from any milestone schedule delays for the advanced nuclear reactor1 including any delays because of the inability of the ,commission to commit resources for the review by the ,commission of the design certification applications4 7k7 ,user fees and annual charges ,section #faja7;c77#b77;,a7 of the ,omnibus ,budget ,reconciliation ,act of #aiij 7#db ,u4,s4,c4 #bbad7;c77#b77;,a77 is amended-- 7#a7 in clause 7iii71 by striking and at the end2 7#b7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7v7 for fiscal years ending before ,october #a1 #bjbj1 amounts appropriated to the ,commission for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies 7as defined in subsection 7b7 of section #iea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga774 4 #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 #ecjd771 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 #bjba4 #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 #ecjd771 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 a ,native 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 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 #bjah through #bjba4 ,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 uses 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 the 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 ,nonrecycled plastics ,the term nonrecycled plastics means post-use plastics that are not recycled in commercial markets4 7#d7 ,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 ,,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 ,fees for loans ,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 #djjd4 ,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 #bjbg4 ,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 improve the net energy balance of water1 wastewater1 and water reuse systems2 7,b7 improve the net energy balance 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 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 and ,office of ,science ,i ,innovation #dbja4 ,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 #dbjb4 ,sense of ,congress on accelerating energy innovation ,it is the sense of ,congress 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 #dbjc4 ,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 #dbjd4 ,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 each unclassified research and development project contract1 grant1 cooperative agreement1 task order for a federally funded research and development center1 or other transaction administered by the ,department4 7b7 ,classified ,projects ,each year1 the ,secretary shall submit to the appropriate committees of ,congress a report that contains a listing of each classified research and development project contract1 grant1 cooperative agreement1 task order for a federally funded research and development center1 or other transaction administered by 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 ,department office carrying out the project1 the project name1 an abstract or summary of the project1 funding levels1 project duration1 contractor or grantee name 7including the names of any subcontractors71 and expected objectives and milestones4 7d7 ,relevant literature and patents ,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 #dbje4 ,technology transfer and transitions assessment ,not later than #a year after the date of enactment of this ,act1 and as often as the ,secretary determines to be necessary thereafter1 the ,secretary shall transmit to the appropriate committees of ,congress a report that includes recommended changes to the policy of the ,department and legislative changes to section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 to improve the ability of the ,department to successfully transfer new energy technologies to the private sector4 #dbjf4 ,agreements for commercializing technology pilot program 7a7 ,in general ,the ,secretary shall carry out the ,agreements for ,commercializing ,technology pilot program of the ,department1 as announced by the ,secretary on ,december #h1 #bjaa1 in accordance with this section4 7b7 ,terms ,each agreement entered into pursuant to the pilot program referred to in subsection 7a7 shall provide to the contractor of the applicable ,national ,laboratory1 to the maximum extent determined to be appropriate by the ,secretary1 increased authority to negotiate contract terms1 such as intellectual property rights1 payment structures1 performance guarantees1 and multiparty collaborations4 7c7 ,eligibility 7#a7 ,in general ,any director of a ,national ,laboratory may enter into an agreement pursuant to the pilot program referred to in subsection 7a74 7#b7 ,agreements with non-federal entities ,to carry out paragraph 7#a7 and subject to paragraph 7#c71 the ,secretary shall permit the directors of the ,national ,laboratories to execute agreements with a non-,federal entity1 including a non-,federal entity already receiving ,federal funding that will be used to support activities under agreements executed pursuant to paragraph 7#a71 provided that such funding is solely used to carry out the purposes of the ,federal award4 7#c7 ,restriction ,the requirements of chapter #ah of title #ce1 ,united ,states ,code 7commonly known as the ,bayh-,dole ,act71 shall apply if-- 7,a7 the agreement is a funding agreement 7as that term is defined in section #bja of that title72 and 7,b7 at least one of the parties to the funding agreement is eligible to receive rights under that chapter4 7d7 ,submission to secretary ,each affected director of a ,national ,laboratory shall submit to the ,secretary1 with respect to each agreement entered into under this section-- 7#a7 a summary of information relating to the relevant project2 7#b7 the total estimated costs of the project2 7#c7 estimated commencement and completion dates of the project2 and 7#d7 other documentation determined to be appropriate by the ,secretary4 7e7 ,certification ,the ,secretary shall require the contractor of the affected ,national ,laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- 7#a7 is not in direct competition with the private sector2 and 7#b7 does not present1 or minimizes1 any apparent conflict of interest1 and avoids or neutralizes any actual conflict of interest1 as a result of the agreement under this section4 7f7 ,extension ,the pilot program referred to in subsection 7a7 shall be extended until ,september #cj1 #bjai4 7g7 ,reports 7#a7 ,overall assessment ,not later than #fj days after the date described in subsection 7f71 the ,secretary1 in coordination with directors of the ,national ,laboratories1 shall submit to the appropriate committees of ,congress a report that-- 7,a7 assesses the overall effectiveness of the pilot program referred to in subsection 7a72 7,b7 identifies opportunities to improve the effectiveness of the pilot program2 7,c7 assesses the potential for program activities to interfere with the responsibilities of the ,national ,laboratories to the ,department2 and 7,d7 provides a recommendation regarding the future of the pilot program4 7#b7 ,transparency ,the ,secretary1 in coordination with directors of the ,national ,laboratories1 shall submit to the appropriate committees of ,congress an annual report that accounts for all incidences of1 and provides a justification for1 non-,federal entities using funds derived from a ,federal contract or award to carry out agreements pursuant to this section4 #dbjg4 ,short-term cost-share pilot program 7a7 ,in general ,section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking ,except as provided in paragraphs 7#b7 and 7#c7 and inserting ,except as provided in paragraphs 7#b71 7#c71 7#d71 and 7#e72 and 7#b7 by adding at the end the following3 7#d7 ,exemption for institutions of higher education and other nonprofit institutions 7,a7 ,in general ,paragraph 7#a7 shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution 7as defined in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc774 7,b7 ,termination date ,the exemption under subparagraph 7,a7 shall apply during the #b-year period beginning on the date of enactment of this paragraph4 7#e7 ,reduced cost-sharing requirement for small business concerns 7,a7 ,in general ,the non-,federal share required under this subsection for a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb77 shall be #aj percent4 7,b7 ,timing ,a small business concern shall not be required to make the non-,federal contribution applicable to the small business concern under subparagraph 7,a7 before the date that is #ahj days after the date on which the award is provided to the small business concern4 4 7b7 ,reports 7#a7 ,initial report ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report that describes the use of cost-sharing waivers by the ,department under section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b77 during the #b-year period ending on the date of enactment of this ,act4 7#b7 ,annual reports ,annually during the #b-year period beginning on the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report that describes the use of cost-sharing waivers by the ,department under section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b77 during the period covered by the report4 #dbjh4 ,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 ,department2 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 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 #dbji4 ,crosscutting research and development 7a7 ,in general ,the ,secretary shall use the capabilities of the ,department to identify strategic opportunities for collaborative research1 development1 demonstration1 and commercial application of innovative science and technologies4 7b7 ,existing programs2 coordination of activities ,to the maximum extent practicable1 the ,secretary shall seek-- 7#a7 to leverage existing programs of the ,department2 and 7#b7 to consolidate and coordinate activities throughout the ,department to promote collaboration and crosscutting approaches within programs of the ,department4 7c7 ,additional actions ,the ,secretary shall-- 7#a7 prioritize activities that use all affordable domestic resources2 7#b7 develop a planning1 evaluation1 and technical assessment framework for setting objective long-term strategic goals and evaluating progress that-- 7,a7 ensures integrity and independence2 and 7,b7 provides the flexibility to adapt to market dynamics2 7#c7 ensure that activities shall be undertaken in a manner that does not duplicate other activities within the ,department or other ,federal ,government activities2 and 7#d7 identify programs that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders4 #dbaj4 ,strategic research portfolio analysis and coordination plan ,the ,energy ,policy ,act of #bjje is amended by striking section #iid 7#db ,u4,s4,c4 #afceh7 and inserting the following3 #iid4 ,strategic research portfolio analysis and coordination plan 7a7 ,in general ,the ,secretary shall periodically review all of the science and technology activities of the ,department in a strategic framework that takes into account-- 7#a7 the frontiers of science to which the ,department can contribute2 7#b7 the national needs relevant to the statutory missions of the ,department2 and 7#c7 global energy dynamics4 7b7 ,coordination analysis and plan 7#a7 ,in general ,as part of the review under subsection 7a71 the ,secretary shall develop a plan to improve coordination and collaboration in research1 development1 demonstration1 and commercial application activities across organizational boundaries of the ,department4 7#b7 ,plan contents ,the plan developed under paragraph 7#a7 shall describe-- 7,a7 crosscutting scientific and technical issues and research questions that span more than #a program or major office of the ,department2 7,b7 ways in which the applied technology programs of the ,department are coordinating activities and addressing the questions referred to in subparagraph 7,a72 7,c7 ways in which the technical interchange within the ,department1 particularly between the ,office of ,science and the applied technology programs1 could be enhanced1 including ways in which the research agendas of the ,office of ,science and the applied programs could better interact and assist each other2 7,d7 ways in which the ,secretary would ensure that the overall research agenda of the ,department includes1 in addition to fundamental1 curiosity-driven research1 fundamental research related to topics of concern to the applied programs1 and applications in ,departmental technology programs of research results generated by fundamental1 curiosity-driven research2 7,e7 critical assessments of any ongoing programs that have experienced subpar performance or cost overruns of #aj percent or more over #a or more years2 7,f7 any activities that may be more effectively left to the ,states1 industry1 nongovernmental organizations1 institutions of higher education1 or other stakeholders2 and 7,g7 detailed evaluations and proposals for innovation hubs1 institutes1 and research centers of the ,department1 including-- 7i7 an affirmation that the hubs1 institutes1 and research centers will-- 7,i7 advance the mission of the ,department2 and 7,,ii7 prioritize research1 development1 and demonstration2 and 7ii7 an affirmation that any hubs1 institutes1 or research centers that are established or renewed within the ,office of ,science are consistent with the mission of the ,office of ,science described in subsection 7c7 of section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci74 7c7 ,submission to ,congress ,every #d years1 the ,secretary shall submit to ,congress-- 7#a7 the results of the review under subsection 7a72 and 7#b7 the coordination plan under subsection 7b74 4 #dbaa4 ,strategy for facilities and infrastructure 7a7 ,amendments ,section #iic of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceg7 is amended-- 7#a7 by striking the section heading and inserting the following3 ,strategy for ,facilities and ,infrastructure2 and 7#b7 in subsection 7b77#a71 by striking #bjjh and inserting #bjai4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #iic and inserting the following3 ,sec4 #iic4 ,strategy for facilities and infrastructure4 4 #dbab4 ,energy ,innovation ,hubs 7a7 ,definitions ,in this section3 7#a7 ,advanced energy technology ,the term advanced energy technology means-- 7,a7 an innovative technology-- 7i7 that produces energy from solar1 wind1 geothermal1 biomass1 tidal1 wave1 ocean1 or other renewable energy resources2 7ii7 that produces nuclear energy2 7iii7 for carbon capture and sequestration2 7iv7 that enables advanced vehicles1 vehicle components1 and related technologies that result in significant energy savings2 7v7 that generates1 transmits1 distributes1 uses1 or stores energy more efficiently than conventional technologies1 including through ,smart ,grid technologies2 or 7vi7 that enhances the energy independence and security of the ,united ,states by enabling improved or expanded supply and production of domestic energy resources1 including coal1 oil1 and natural gas2 7,b7 a research1 development1 demonstration1 or commercial application activity necessary to ensure the long-term1 secure1 and sustainable supply of an energy-critical element2 or 7,c7 any other innovative energy technology area identified by the ,secretary4 7#b7 ,hub 7,a7 ,in general ,the term ,hub means an ,energy ,innovation ,hub established under this section4 7,b7 ,inclusion ,the term ,hub includes any ,energy ,innovation ,hub in existence on the date of enactment of this ,act4 7#c7 ,qualifying entity ,the term qualifying entity means-- 7,a7 an institution of higher education2 7,b7 an appropriate ,state or ,federal entity1 including a federally funded research and development center of the ,department2 7,c7 a nongovernmental organization with expertise in advanced energy technology research1 development1 demonstration1 or commercial application2 or 7,d7 any other relevant entity the ,secretary determines appropriate4 7b7 ,authorization of program 7#a7 ,in general ,the ,secretary shall carry out a program to enhance the economic1 environmental1 and energy security of the ,united ,states by making awards to consortia for establishing and operating hubs1 to be known as ,energy ,innovation ,hubs1 to conduct and support at1 if practicable1 #a centralized location1 multidisciplinary1 collaborative research1 development1 demonstration1 and commercial application of advanced energy technologies4 7#b7 ,technology development focus ,the ,secretary shall designate for each ,hub a unique advanced energy technology or basic research focus4 7#c7 ,coordination ,the ,secretary shall ensure the coordination of1 and avoid unnecessary duplication of1 the activities of each ,hub with the activities of-- 7,a7 other research entities of the ,department1 including the ,national ,laboratories1 the ,advanced ,research ,projects ,agency--,energy1 and ,energy ,frontier ,research ,centers2 and 7,b7 industry4 7c7 ,application process 7#a7 ,eligibility ,to be eligible to receive an award for the establishment and operation of a ,hub under subsection 7b77#a71 a consortium shall-- 7,a7 be composed of not fewer than #b qualifying entities2 7,b7 operate subject to a binding agreement1 entered into by each member of the consortium1 that documents-- 7i7 the proposed partnership agreement1 including the governance and management structure of the ,hub2 7ii7 measures the consortium will undertake to enable cost-effective implementation of activities under the program described in subsection 7b77#a72 and 7iii7 a proposed budget1 including financial contributions from non-,federal sources2 and 7,c7 operate as a nonprofit organization4 7#b7 ,application 7,a7 ,in general ,a consortium seeking to establish and operate a ,hub under subsection 7b77#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a detailed description of each element of the consortium agreement required under paragraph 7#a77;,b74 7,b7 ,requirement ,if the consortium members will not be located at #a centralized location1 the application under subparagraph 7,a7 shall include a communications plan that ensures close coordination and integration of ,hub activities4 7#c7 ,selection 7,a7 ,in general ,the ,secretary shall select consortia for awards for the establishment and operation of ,hubs through a competitive selection process4 7,b7 ,considerations ,in selecting consortia under subparagraph 7,a71 the ,secretary shall consider-- 7i7 the information disclosed by the consortium under this subsection2 and 7ii7 any existing facilities a consortium will provide for ,hub activities4 7d7 ,term 7#a7 ,in general ,an award made to a ,hub under this section shall be for a period of not more than #e years1 subject to the availability of appropriations1 after which the award may be renewed for #a or more additional #e-year periods1 subject to a rigorous merit review4 7#b7 ,existing ,hubs ,a ,hub already in existence on1 or undergoing a renewal process on1 the date of enactment of this ,act-- 7,a7 may continue to receive support during the #e-year period beginning on the date of establishment of that ,hub2 and 7,b7 shall be eligible for renewal of that support at the end of that #e-year period for #a or more additional #e-year periods1 subject to a rigorous merit review4 7e7 ,hub ,operations 7#a7 ,in general ,each ,hub shall conduct or provide for multidisciplinary1 collaborative research1 development1 demonstration1 and commercial application of advanced energy technologies within the technology development focus designated under subsection 7b77#b74 7#b7 ,activities ,each ,hub shall-- 7,a7 encourage collaboration and communication among the member qualifying entities of the consortium and awardees2 7,b7 develop and publish proposed plans and programs on a publicly accessible website2 7,c7 submit an annual report to the ,department summarizing the activities of the ,hub1 including-- 7i7 detailing organizational expenditures2 and 7ii7 describing each project undertaken by the ,hub2 and 7,d7 monitor project implementation and coordination4 7#c7 ,conflicts of ,interest ,each ,hub shall maintain conflict of interest procedures1 consistent with the conflict of interest procedures of the ,department4 7#d7 ,prohibition on construction 7,a7 ,in general ,except as provided in subparagraph 7,b7-- 7i7 no funds provided under this section may be used for construction of new buildings or facilities for ,hubs2 and 7ii7 construction of new buildings or facilities shall not be considered as part of the non-,federal share of a ,hub cost-sharing agreement4 7,b7 ,test bed and renovation exception ,nothing in this paragraph prohibits the use of funds provided under this section or non-,federal cost share funds for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research if the ,secretary determines that the test bed or renovations are limited to a scope and scale necessary for the research to be conducted4 #dbac4 ,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 #bjah through #bjbj2 and 7,g7 #cge1jjj1jjj for each of fiscal years #bjba and #bjbb4 2 and 7,b7 in paragraph 7#d77;,b71 by striking 7c77#b77;,d7 and inserting 7c77#b77;,c74 ,,ii ,office of ,science #dbba4 ,mission of the ,office of ,science ,section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci7 is amended by adding at the end the following3 7c7 ,mission ,the mission of the ,office of ,science shall be the delivery of scientific discoveries1 capabilities1 and major scientific tools to transform the understanding of nature and to advance the energy1 economic1 and national security of the ,united ,states4 4 #dbbb4 ,basic energy sciences 7a7 ,energy ,frontier ,research ,centers 7#a7 ,in general ,the ,director of the ,office of ,science of the ,department 7referred to in this subtitle as the ,director7 shall carry out a program to provide awards1 on a competitive1 merit-reviewed basis1 to multi-institutional collaborations or other appropriate entities to conduct fundamental and use-inspired energy research to accelerate scientific breakthroughs4 7#b7 ,collaborations ,a collaboration receiving an award under this subsection may include multiple types of institutions and private sector entities4 7#c7 ,selection and duration 7,a7 ,in general ,a collaboration under this subsection shall be selected for a period of #d years4 7,b7 ,existing centers ,an ,energy ,frontier ,research ,center in existence and supported by the ,director on the date of enactment of this ,act may continue to receive support for a period of #d years beginning on the date of establishment of that center4 7,c7 ,reapplication ,after the end of the period described in subparagraph 7,a7 or 7,b71 as applicable1 a recipient of an award may reapply for selection on a competitive1 merit-reviewed basis4 7,d7 ,termination ,consistent with the existing authorities of the ,department1 the ,director may terminate an underperforming center for cause during the performance period4 7#d7 ,no funding for construction ,no funding provided pursuant to this subsection may be used for the construction of new buildings or facilities4 7b7 ,basic energy sciences user facilities 7#a7 ,in general ,the ,director shall carry out a program for the development1 construction1 operation1 and maintenance of national user facilities4 7#b7 ,requirements ,to the maximum extent practicable1 the national user facilities developed1 constructed1 operated1 or maintained under paragraph 7#a7 shall serve the needs of the ,department1 industry1 the academic community1 and other relevant entities to create and examine materials and chemical processes for the purpose of improving the competitiveness of the ,united ,states4 7#c7 ,included facilities ,the national user facilities developed1 constructed1 operated1 or maintained under paragraph 7#a7 shall include-- 7,a7 x-ray light sources2 7,b7 neutron sources2 7,c7 nanoscale science research centers2 and 7,d7 such other facilities as the ,director considers appropriate1 consistent with section #bji of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gaci74 7c7 ,accelerator research and development ,the ,director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the development of basic energy sciences user facilities1 in consultation with the ,high ,energy ,physics and ,nuclear ,physics programs of the ,office of ,science4 7d7 ,solar fuels research initiative 7#a7 ,in general ,section #igc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcac7 is amended to read as follows3 #igc4 ,solar fuels research initiative 7a7 ,initiative 7#a7 ,in general ,the ,secretary shall carry out a research initiative1 to be known as the ,solar ,fuels ,research ,initiative 7referred to in this section as the ,initiative7 to expand theoretical and fundamental knowledge of photochemistry1 electrochemistry1 biochemistry1 and materials science useful for the practical development of experimental systems to convert solar energy to chemical energy4 7#b7 ,leveraging ,in carrying out programs and activities under the ,initiative1 the ,secretary shall leverage expertise and resources from-- 7,a7 the ,basic ,energy ,sciences ,program and the ,biological and ,environmental ,research ,program of the ,office of ,science2 and 7,b7 the ,office of ,energy ,efficiency and ,renewable ,energy4 7#c7 ,teams 7,a7 ,in general ,in carrying out the ,initiative1 the ,secretary shall organize activities among multidisciplinary teams to leverage1 to the maximum extent practicable1 expertise from the ,national ,laboratories1 institutions of higher education1 and the private sector4 7,b7 ,goals ,the multidisciplinary teams described in subparagraph 7,a7 shall pursue aggressive1 milestone-driven1 basic research goals4 7,c7 ,resources ,the ,secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph 7,a7 to achieve the goals described in subparagraph 7,b7 over a period of time to be determined by the ,secretary4 7#d7 ,additional activities ,the ,secretary may organize additional activities under this subsection through ,energy ,frontier ,research ,centers1 ,energy ,innovation ,hubs1 or other organizational structures4 7b7 ,artificial photosynthesis 7#a7 ,in general ,the ,secretary shall carry out under the ,initiative a program to support research needed to bridge scientific barriers to1 and discover knowledge relevant to1 artificial photosynthetic systems4 7#b7 ,activities ,as part of the program described in paragraph 7#a7-- 7,a7 the ,director of the ,office of ,basic ,energy ,sciences shall support basic research to pursue distinct lines of scientific inquiry1 including-- 7i7 photoinduced production of hydrogen and oxygen from water2 and 7ii7 the sustainable photoinduced reduction of carbon dioxide to fuel products including hydrocarbons1 alcohols1 carbon monoxide1 and natural gas2 and 7,b7 the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy shall support translational research1 development1 and validation of physical concepts developed under the program4 7#c7 ,standard of review ,the ,secretary shall review activities carried out under the program described in paragraph 7#a7 to determine the achievement of technical milestones4 7#d7 ,prohibition ,no funds allocated to the program described in paragraph 7#a7 may be obligated or expended for commercial application of energy technology4 7c7 ,biochemistry1 replication of natural photosynthesis1 and related processes 7#a7 ,in general ,the ,secretary shall carry out under the ,initiative a program to support research needed to replicate natural photosynthetic processes by use of artificial photosynthetic components and materials4 7#b7 ,activities ,as part of the program described in paragraph 7#a7-- 7,a7 the ,director of the ,office of ,basic ,energy ,sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes1 including-- 7i7 the photoinduced reduction of dinitrogen to ammonia2 7ii7 the absorption of carbon dioxide from ambient air2 7iii7 molecular-based charge separation and storage2 7iv7 photoinitiated electron transfer2 and 7v7 catalysis in biological or biomimetic systems2 7,b7 the ,associate ,director of ,biological and ,environmental ,research shall support systems biology and genomics approaches to understand genetic and physiological pathways connected to photosynthetic mechanisms2 and 7,c7 the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy shall support translational research1 development1 and validation of physical concepts developed under the program4 7#c7 ,standard of review ,the ,secretary shall review activities carried out under the program described in paragraph 7#a7 to determine the achievement of technical milestones4 7#d7 ,prohibition ,no funds allocated to the program described in paragraph 7#a7 may be obligated or expended for commercial application of energy technology4 4 7#b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #igc and inserting the following3 ,sec4 #igc4 ,solar fuels research initiative4 4 7e7 ,electricity storage research initiative 7#a7 ,in general ,section #ige of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcae7 is amended to read as follows3 #ige4 ,electricity storage research initiative 7a7 ,initiative 7#a7 ,in general ,the ,secretary shall carry out a research initiative1 to be known as the ,electricity ,storage ,research ,initiative 7referred to in this section as the ,initiative7-- 7,a7 to expand theoretical and fundamental knowledge to control1 store1 and convert-- 7i7 electrical energy to chemical energy2 and 7ii7 chemical energy to electrical energy2 and 7,b7 to support scientific inquiry into the practical understanding of chemical and physical processes that occur within systems involving crystalline and amorphous solids1 polymers1 and organic and aqueous liquids4 7#b7 ,leveraging ,in carrying out programs and activities under the ,initiative1 the ,secretary shall leverage expertise and resources from-- 7,a7 the ,basic ,energy ,sciences ,program1 the ,advanced ,scientific ,computing ,research ,program1 and the ,biological and ,environmental ,research ,program of the ,office of ,science2 and 7,b7 the ,office of ,energy ,efficiency and ,renewable ,energy4 7#c7 ,teams 7,a7 ,in general ,in carrying out the ,initiative1 the ,secretary shall organize activities among multidisciplinary teams to leverage1 to the maximum extent practicable1 expertise from the ,national ,laboratories1 institutions of higher education1 and the private sector4 7,b7 ,goals ,the multidisciplinary teams described in subparagraph 7,a7 shall pursue aggressive1 milestone-driven1 basic research goals4 7,c7 ,resources ,the ,secretary shall provide sufficient resources to the multidisciplinary teams described in subparagraph 7,a7 to achieve the goals described in subparagraph 7,b7 over a period of time to be determined by the ,secretary4 7#d7 ,additional activities ,the ,secretary may organize additional activities under this subsection through ,energy ,frontier ,research ,centers1 ,energy ,innovation ,hubs1 or other organizational structures4 7b7 ,multivalent systems 7#a7 ,in general ,the ,secretary shall carry out under the ,initiative a program to support research needed to bridge scientific barriers to1 and discover knowledge relevant to1 multivalent ion materials in electric energy storage systems4 7#b7 ,activities ,as part of the program described in paragraph 7#a7-- 7,a7 the ,director of the ,office of ,basic ,energy ,sciences shall investigate electrochemical properties and the dynamics of materials1 including charge transfer phenomena and mass transport in materials2 and 7,b7 the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy shall support translational research1 development1 and validation of physical concepts developed under the program4 7#c7 ,standard of review ,the ,secretary shall review activities carried out under the program described in paragraph 7#a7 to determine the achievement of technical milestones4 7#d7 ,prohibition ,no funds allocated to the program described in paragraph 7#a7 may be obligated or expended for commercial application of energy technology4 7c7 ,electrochemistry modeling and simulation 7#a7 ,in general ,the ,secretary shall carry out under the ,initiative a program to support research to model and simulate organic electrolytes1 including the static and dynamic electrochemical behavior and phenomena of organic electrolytes at the molecular and atomic level in monovalent and multivalent systems4 7#b7 ,activities ,as part of the program described in paragraph 7#a7-- 7,a7 the ,director of the ,office of ,basic ,energy ,sciences1 in coordination with the ,associate ,director of ,advanced ,scientific ,computing ,research1 shall support the development of high performance computational tools through a joint development process to maximize the effectiveness of current and projected high performance computing systems2 and 7,b7 the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy shall support translational research1 development1 and validation of physical concepts developed under the program4 7#c7 ,standard of review ,the ,secretary shall review activities carried out under the program described in paragraph 7#a7 to determine the achievement of technical milestones4 7#d7 ,prohibition ,no funds allocated to the program described in paragraph 7#a7 may be obligated or expended for commercial application of energy technology4 7d7 ,mesoscale electrochemistry 7#a7 ,in general ,the ,secretary shall carry out under the ,initiative a program to support research needed to reveal electrochemistry in confined mesoscale spaces1 including scientific discoveries relevant to-- 7,a7 bio-electrochemistry and electrochemical energy conversion and storage in confined spaces2 and 7,b7 the dynamics of the phenomena described in subparagraph 7,a74 7#b7 ,activities ,as part of the program described in paragraph 7#a7-- 7,a7 the ,director of the ,office of ,basic ,energy ,sciences and the ,associate ,director of ,biological and ,environmental ,research shall investigate phenomena of mesoscale electrochemical confinement for the purpose of replicating and controlling new electrochemical behavior2 and 7,b7 the ,assistant ,secretary for ,energy ,efficiency and ,renewable ,energy shall support translational research1 development1 and validation of physical concepts developed under the program4 7#c7 ,standard of review ,the ,secretary shall review activities carried out under the program described in paragraph 7#a7 to determine the achievement of technical milestones4 7#d7 ,prohibition ,no funds allocated to the program described in paragraph 7#a7 may be obligated or expended for commercial application of energy technology4 4 7#b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje is amended by striking the item relating to section #ige and inserting the following3 ,sec4 #ige4 ,electricity storage research initiative4 4 #dbbc4 ,advanced scientific computing research 7a7 ,american super computing leadership 7#a7 ,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 ,american ,super ,computing ,leadership ,act of #bjag4 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 ,american ,super ,computing ,leadership ,act of #bjag4 7#b7 ,definitions ,section #b of the ,american ,super ,computing ,leadership ,act of #bjag 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 operations per second4 2 and 7,c7 in paragraph 7#f7 7as redesignated by subparagraph 7,a771 by striking 1 acting through the ,director of the ,office of ,science of the ,department of ,energy4 7#c7 ,department of ,energy ,high-,end computing research and development program ,section #c of the ,american ,super ,computing ,leadership ,act of #bjag 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 for exascale computing1 including the development of #b or more exascale computing machine architectures1 to promote the missions of the ,department4 7#b7 ,execution 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 7ii7 conduct mission-related codesign activities in developing the exascale computing architectures under clause 7i72 7iii7 develop such advancements in hardware and software technology as are required to fully realize the potential of an exascale production system in addressing ,department target applications and solving scientific problems involving predictive modeling and simulation and large scale data analytics and management2 7iv7 explore the use of exascale computing technologies to advance a broad range of science and engineering2 and 7v7 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 the partnerships for 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-- 7i7 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 problems1 including predictive modeling and simulation and large scale data analytics and management2 and 7ii7 conduct outreach programs to increase the readiness for the use of such platforms by domestic industries1 including manufacturers4 7,b7 ,report ,the ,secretary shall submit to ,congress a report describing-- 7i7 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 grid2 and 7ii7 the roles and responsibilities of ,national ,laboratories and industry1 including the definition of the roles and responsibilities within the ,department to ensure an integrated program across the ,department4 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 7b7 ,high-performance computing and networking research ,the ,director shall support research in high-performance computing and networking relevant to energy applications1 including modeling1 simulation1 and advanced data analytics for basic and applied energy research programs carried out by the ,secretary4 7c7 ,applied mathematics and software development for high-end computing systems ,the ,director shall carry out activities to develop1 test1 and support-- 7#a7 mathematics1 models1 and algorithms for complex systems and programming environments2 and 7#b7 tools1 languages1 and operating systems for high-end computing systems 7as defined in section #b of the ,american ,super ,computing ,leadership ,act of #bjag 7#ae ,u4,s4,c4 #eeda774 #dbbd4 ,high-energy physics 7a7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 the ,director should incorporate the findings and recommendations of the report of the ,particle ,physics ,project ,prioritization ,panel entitled ,building for ,discovery3 ,strategic ,plan for ,u4,s4 ,particle ,physics in the ,global ,context into the planning process of the ,department2 and 7#b7 the nations that lead in particle physics by hosting international teams dedicated to a common scientific goal attract the world's best talent and inspire future generations of physicists and technologists4 7b7 ,international collaboration ,the ,director1 as practicable and in coordination with other appropriate ,federal agencies as necessary1 shall ensure the access of ,united ,states researchers to the most advanced accelerator facilities and research capabilities in the world1 including the ,large ,hadron ,collider4 7c7 ,neutrino research ,the ,director shall carry out research activities on rare decay processes and the nature of the neutrino1 which may include collaborations with the ,national ,science ,foundation or international collaborations4 7d7 ,dark energy and dark matter research ,the ,director shall carry out research activities on the nature of dark energy and dark matter1 which may include collaborations with the ,national ,aeronautics and ,space ,administration or the ,national ,science ,foundation2 or international collaborations4 #dbbe4 ,biological and environmental research 7a7 ,biological systems ,the ,director shall carry out research and development activities in fundamental1 structural1 computational1 and systems biology to increase systems-level understanding of the complex biological systems1 which may include activities-- 7#a7 to accelerate breakthroughs and new knowledge that would enable the cost-effective1 sustainable production of-- 7,a7 biomass-based liquid transportation fuels2 7,b7 bioenergy2 and 7,c7 biobased materials2 7#b7 to improve understanding of the global carbon cycle1 including processes for removing carbon dioxide from the atmosphere1 through photosynthesis and other biological processes1 for sequestration and storage2 and 7#c7 to understand the biological mechanisms used to transform1 immobilize1 or remove contaminants from subsurface environments4 7b7 ,limitation for research funds ,the ,director shall not approve new climate science-related initiatives without making a determination that such work is well-coordinated with any relevant work carried out by other ,federal agencies4 7c7 ,low-dose radiation research program 7#a7 ,in general ,the ,director shall carry out a research program on low-dose radiation4 7#b7 ,purpose ,the purpose of the program is to enhance the scientific understanding of1 and reduce uncertainties associated with1 the effects of exposure to low-dose radiation to inform improved risk-management methods4 #dbbf4 ,fusion energy 7a7 ,fusion materials research and development ,as part of the activities authorized in section #igh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcah7-- 7#a7 the ,director1 in coordination with the ,assistant ,secretary for ,nuclear ,energy of the ,department1 shall carry out research and development activities to identify1 characterize1 and demonstrate materials that can endure the neutron1 plasma1 and heat fluxes expected in a fusion power system2 and 7#b7 the ,director shall provide an assessment of-- 7,a7 the need for #a or more facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power2 and 7,b7 whether a single new facility that substantially addresses magnetic fusion and next generation fission materials research needs is feasible1 in conjunction with the expected capabilities of facilities operational as of the date of enactment of this ,act4 7b7 ,tokamak research and development ,the ,director shall support research and development activities and facility operations to optimize the tokamak approach to fusion energy4 7c7 ,inertial fusion energy research and development ,the ,director shall support research and development activities for inertial fusion for energy applications4 7d7 ,alternative and enabling concepts ,the ,director shall support research and development activities and facility operations at institutions of higher education1 ,national ,laboratories1 and private facilities in the ,united ,states for a portfolio of alternative and enabling fusion energy concepts that may provide solutions to significant challenges to the establishment of a commercial magnetic fusion power plant1 prioritized based on the ability of the ,united ,states to play a leadership role in the international fusion research community4 7e7 ,coordination with ,,arpa-,e ,the ,director shall coordinate with the ,director of the ,advanced ,research ,projects ,agency-,energy 7referred to in this subsection as ,,arpa-,e7 to-- 7#a7 assess the potential for any fusion energy project supported by ,,arpa-,e to represent a promising approach to a commercially viable fusion power plant2 7#b7 determine whether the results of any fusion energy project supported by ,,arpa-,e merit the support of follow-on research activities carried out by the ,office of ,science2 and 7#c7 avoid the unintentional duplication of activities4 7f7 ,fairness in competition for solicitations for international project activities ,section #cc of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjec7 is amended by inserting before the first sentence the following3 ,in this section1 with respect to international research projects1 the term private facilities or laboratories means facilities or laboratories located in the ,united ,states44 7g7 ,identification of priorities 7#a7 ,report 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the fusion energy research and development activities that the ,department proposes to carry out over the #aj-year period following the date of the report under not fewer than #c realistic budget scenarios1 including a scenario based on #c-percent annual growth in the non-,,iter portion of the budget for fusion energy research and development activities4 7,b7 ,inclusions ,the report required under subparagraph 7,a7 shall-- 7i7 identify specific areas of fusion energy research and enabling technology development in which the ,united ,states can and should establish or solidify a lead in the global fusion energy development effort2 7ii7 identify priorities for initiation of facility construction and facility decommissioning under each of the #c budget scenarios described in subparagraph 7,a72 and 7iii7 assess the ability of the fusion workforce of the ,united ,states to carry out the activities identified under clauses 7i7 and 7ii71 including the adequacy of programs at institutions of higher education in the ,united ,states to train the leaders and workers of the next generation of fusion energy researchers4 7#b7 ,process ,in order to develop the report required under paragraph 7#a77;,a71 the ,secretary shall leverage best practices and lessons learned from the process used to develop the most recent report of the ,particle ,physics ,project ,prioritization ,panel of the ,high ,energy ,physics ,advisory ,panel4 7#c7 ,requirement ,no member of the ,fusion ,energy ,sciences ,advisory ,committee shall be excluded from participating in developing or voting on final approval of the report required under paragraph 7#a77;,a74 #dbbg4 ,nuclear physics 7a7 ,isotope ,development and ,production for ,research ,applications ,the ,director-- 7#a7 may carry out a program for the production of isotopes1 including the development of techniques to produce isotopes1 that the ,secretary determines are needed for research1 medical1 industrial1 or related purposes2 and 7#b7 shall ensure that isotope production activities carried out under the program under this paragraph do not compete with private industry unless the ,director determines that critical national interests require the involvement of the ,federal ,government4 7b7 ,renaming of the ,rare ,isotope ,accelerator ,section #iha of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcba7 is amended-- 7#a7 in the section heading1 by striking rare isotope accelerator and inserting facility for rare isotope beams2 and 7#b7 by striking ,rare ,isotope ,accelerator each place it appears and inserting ,facility for ,rare ,isotope ,beams4 #dbbh4 ,science laboratories infrastructure program 7a7 ,in general ,the ,director shall carry out a program to improve the safety1 efficiency1 and mission readiness of infrastructure at laboratories of the ,office of ,science4 7b7 ,inclusions ,the program under subsection 7a7 shall include projects-- 7#a7 to renovate or replace space that does not meet research needs2 7#b7 to replace facilities that are no longer cost effective to renovate or operate2 7#c7 to modernize utility systems to prevent failures and ensure efficiency2 7#d7 to remove excess facilities to allow safe and efficient operations2 and 7#e7 to construct modern facilities to conduct advanced research in controlled environmental conditions4 7c7 ,approach ,in carrying out this section1 the ,director shall use all available approaches and mechanisms1 including capital line items1 minor construction projects1 energy savings performance contracts1 utility energy service contracts1 alternative financing1 and expense funding1 as appropriate4 #dbbi4 ,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 #bjah2 7#i7 #e1hjh1jjj1jjj for fiscal year #bjai2 7#aj7 #f1bbj1jjj1jjj for fiscal year #bjbj2 7#aa7 #f1ffa1jjj1jjj for fiscal year #bjba2 and 7#ab7 #g1acd1jjj1jjj for fiscal year #bjbb4 4 ,d ,management #dcja4 ,bureau of ,land ,management cooperation with ,states on rules and processes ,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 #dcjb4 ,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 #dcjc4 ,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 #dcjb7;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 #dcjd4 ,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 ,e ,markets #ddja4 ,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 collect 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 contracts72 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 #ddjc7;c7 of the ,energy and ,natural ,resources ,act of #bjag 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 ,administration2 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 ,committees on ,energy and ,natural ,resources1 ,appropriations1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committees on ,energy and ,commerce1 ,appropriations1 and ,agriculture 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 #ddjb4 ,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 and 7#f7 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 #ddjc4 ,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 subsection 7p77#a7 of section #bje of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7 7as added by section #ddja7;a774 ,f ,affordability #deja4 ,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 #dejb4 ,carbon dioxide capture technology prize ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 7as amended by section #deja7 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 ,g ,code maintenance #dfja4 ,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 #dfjb4 ,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 #dfjc4 ,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 #dfjd4 ,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 #dfje4 ,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 #dfjf4 ,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 #dfjg4 ,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 #dfjh4 ,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 #dfji4 ,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 #dfaj4 ,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 #dfaa4 ,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 #dfab4 ,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 #dfac4 ,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 #dfad4 ,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 #dfae4 ,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 #dfaf4 ,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 #dfag4 ,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 #dfah4 ,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 #dfai4 ,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 #dfbj4 ,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 #dfba4 ,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 #bjah through #bjbb1 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 #dfbb4 ,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 #dfbc4 ,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 #dfbd4 ,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 #dfbe4 ,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 #dfbf4 ,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 #dfbg4 ,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 #dfbh4 ,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 #dfbi4 ,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 #dfcj4 ,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 #dfca4 ,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 #dfcb4 ,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 #dfcc4 ,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 #dfcd4 ,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 #dfce4 ,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 #dfcf4 ,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 #dfcg4 ,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 #dfch4 ,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 #dfci4 ,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 #dfdj4 ,repeal of prior limitation on compensation of the ,secretary of the ,interior 7a7 ,in general ,the ,joint ,resolution entitled ,joint ,resolution ensuring that the compensation and other emoluments attached to the office of ,secretary of the ,interior are those which were in effect on ,january #a1 #bjje 7,public ,law #aaa-a2 #e ,u4,s4,c4 #ecab note7 is repealed4 7b7 ,effective date ,this section shall take effect as though enacted on ,march #b1 #bjag4 ,b ,natural resources #ejja4 ,definitions ,in this division3 7#a7 ,department ,the term ,department means the ,department of the ,interior4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 ,v ,conservation authorizations #eaja4 ,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 #eajb4 ,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 the following3 7a7 ,in general ,there 2 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 #eajc4 ,historic ,preservation ,fund ,section #cjcajb of title #ed1 ,united ,states ,code1 is amended by striking of fiscal years #bjab to #bjbc and inserting fiscal year4 #eajd4 ,conservation incentives landowner education program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary 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 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 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 ,land conveyances and related matters ,a ,land conveyances #fjja4 ,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 ,t4 #d ,n41 ,r4 #gf ,w41 ,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 land 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 land through land 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 land across the existing roadway4 #fjjb4 ,land conveyance1 ,elkhorn ,ranch and ,white ,river ,national ,forest1 ,colorado 7a7 ,in general ,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 ,t4 #g ,s41 ,r4 #ic ,w41 ,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 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 #fjjc4 ,crags1 ,colorado land exchange 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 through 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 land 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 #aigf 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 7#af ,u4,s4,c4 #dhd;a7 7commonly known as the ,sisk ,act72 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 7c77#c77;,b7 shall not be appraised for purposes of this section4 7e7 ,miscellaneous provisions 7#a7 ,withdrawal provisions 7,a7 ,withdrawal ,land 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 #aigj 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 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 land 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 #fjjd4 ,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_/b ,,ne#a_/d ,,sw#a_/d ,,sw#a_/d1 the ,n#a_/b1 ,n#a_/b1 ,,se#a_/d ,,sw#a_/d1 and the ,n#a_/b ,n#a_/b ,,sw#a_/d ,,se#a_/d1 sec4 #cd1 ,t4 #bb ,n41 ,r4 #b ,e41 ,gila and ,salt ,river ,meridian1 ,coconino ,county1 comprising approximately #be acres4 #fjje4 ,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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag2 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 #fjjf4 ,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 ,june #af1 #bjaf4 7b7 ,transfer and withdrawal of ,bureau of ,land ,management land for ,cemetery use 7#a7 ,conduct of due diligence activities by the ,secretary of ,veterans ,affairs 7,a7 ,in general ,before the transfer of administrative jurisdiction and withdrawal of the ,federal land under paragraphs 7#b7 and 7#c71 respectively1 and subject to subparagraph 7,b71 the ,secretary of ,veterans ,affairs shall complete any appropriate environmental1 cultural resource1 and other due diligence activities on the ,federal land that would enable the ,secretary of ,veterans ,affairs to confirm that the ,federal land is suitable for cemetery purposes4 7,b7 ,notice2 ,required coordination ,the ,secretary of ,veterans ,affairs shall-- 7i7 before conducting any due diligence activities under subparagraph 7,a71 notify the ,secretary of the activities to be conducted2 7ii7 as the ,secretary of ,veterans ,affairs determines to be necessary in the conduct of the due diligence activities under subparagraph 7,a71 coordinate the activities with the ,secretary2 and 7iii7 if the ,secretary of ,veterans ,affairs determines1 on completion of the due diligence activities under subparagraph 7,a71 that the ,federal land is suitable for cemetery purposes1 submit written notice of the determination to the ,secretary4 7#b7 ,transfer of administrative jurisdiction 7,a7 ,transfer 7i7 ,in general ,on receipt by the ,secretary of written notice of a determination that the ,federal land is suitable for cemetery purposes under paragraph 7#a77;,b77iii71 except as provided in clause 7ii71 and 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 7ii7 ,exclusion ,the transfer of administrative jurisdiction over the ,federal land under clause 7i7 shall not include the land located within #ajj feet of the center of the ,centennial ,trail1 as generally depicted on the map entitled ,proposed ,expansion of ,black ,hills ,national ,cemetery-,south ,dakota and dated ,june #af1 #bjaf4 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#c7 ,withdrawal ,on receipt by the ,secretary of written notice of a determination that the ,federal land is suitable for cemetery purposes under paragraph 7#a77;,b77iii7 and subject to valid existing rights1 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#d7 ,boundary modification ,the boundary of the ,cemetery is modified to include the ,federal land4 7#e7 ,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 #fjjg4 ,cow ,creek ,umpqua land conveyance 7a7 ,definitions ,in this section3 7#a7 ,council creek land ,the term ,council ,creek land means the approximately #ag1eai acres of land1 as generally depicted on the map entitled ,canyon ,mountain ,land ,conveyance and dated ,may #bd1 #bjaf4 7#b7 ,tribe ,the term ,tribe means the ,cow ,creek ,band of ,umpqua ,tribe of ,indians4 7b7 ,land to be held in trust 7#a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,council ,creek land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7,a7 held in trust by the ,united ,states for the benefit of the ,tribe2 and 7,b7 part of the reservation of the ,tribe4 7#b7 ,survey ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete a survey to establish the boundaries of the land taken into trust under paragraph 7#a74 7#c7 ,effective date ,paragraph 7#a7 shall take effect on the day after the date on which the ,secretary records the agreement entered into under subsection 7d77#d77;,a74 7c7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,council ,creek land with-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,force and effect ,the map and legal description filed under paragraph 7#a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7#c7 ,public availability ,the map and legal description filed under paragraph 7#a7 shall be on file and available for public inspection in the ,office of the ,secretary4 7d7 ,administration 7#a7 ,in general ,unless expressly provided in this section1 nothing in this section affects any right or claim of the ,tribe existing on the date of enactment of this ,act to any land or interest in land4 7#b7 ,prohibitions 7,a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,council ,creek land4 7,b7 ,non-permissible use of land ,any real property taken into trust under subsection 7b7 shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7#c7 ,forest management ,any forest management activity that is carried out on the ,council ,creek land shall be managed in accordance with all applicable ,federal laws4 7#d7 ,agreements 7,a7 ,memorandum of agreement for administrative access ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall seek to enter into an agreement with the ,tribe that secures existing administrative access by the ,secretary to the ,council ,creek land4 7,b7 ,reciprocal right-of-way agreements 7i7 ,in general ,on the date on which the agreement is entered into under subparagraph 7,a71 the ,secretary shall provide to the ,tribe all reciprocal right-of-way agreements to the ,council ,creek land in existence as of the date of enactment of this ,act4 7ii7 ,continued access ,beginning on the date on which the ,council ,creek land is taken into trust under subsection 7b71 the ,tribe shall continue the access provided by the agreements referred to in clause 7i7 in perpetuity4 7#e7 ,land use planning requirements ,except as provided in paragraph 7#c71 once the ,council ,creek land is taken into trust under subsection 7b71 the ,council ,creek land shall not be subject to the land use planning requirements of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq474 7e7 ,land reclassification 7#a7 ,identification of ,oregon and ,california railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is held in trust by the ,united ,states for the benefit of the ,tribe under subsection 7b74 7#b7 ,identification of public domain land ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall identify public domain land in the ,state of ,oregon that-- 7,a7 is approximately equal in acreage and condition as the ,oregon and ,california ,railroad grant land identified under paragraph 7#a72 and 7,b7 is located within the #ah western ,oregon and ,california ,railroad grant land counties 7other than ,klamath ,county1 ,oregon74 7#c7 ,maps ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register #a or more maps depicting the land identified in paragraphs 7#a7 and 7#b74 7#d7 ,reclassification 7,a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in paragraph 7#b7 as ,oregon and ,california ,railroad grant land4 7,b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under subparagraph 7,a74 #fjjh4 ,oregon coastal land 7a7 ,definitions ,in this section3 7#a7 ,confederated tribes ,the term ,confederated ,tribes means the ,confederated ,tribes of ,coos1 ,lower ,umpqua1 and ,siuslaw ,indians4 7#b7 ,oregon coastal land ,the term ,oregon ,coastal land means the approximately #ad1gdb acres of land1 as generally depicted on the map entitled ,oregon ,coastal ,land ,conveyance and dated ,july #aa1 #bjaf4 7b7 ,land to be held in trust 7#a7 ,in general ,subject to valid existing rights1 including rights-of-way1 all right1 title1 and interest of the ,united ,states in and to the ,oregon ,coastal land1 including any improvements located on the land1 appurtenances to the land1 and minerals on or in the land1 including oil and gas1 shall be-- 7,a7 held in trust by the ,united ,states for the benefit of the ,confederated ,tribes2 and 7,b7 part of the reservation of the ,confederated ,tribes4 7#b7 ,survey ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete a survey to establish the boundaries of the land taken into trust under paragraph 7#a74 7#c7 ,effective date ,paragraph 7#a7 shall take effect on the day after the date on which the ,secretary records the agreement entered into under subsection 7d77#d77;,a74 7c7 ,map and legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file a map and legal description of the ,oregon ,coastal land with-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,force and effect ,the map and legal description filed under paragraph 7#a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct any clerical or typographical errors in the map or legal description4 7#c7 ,public availability ,the map and legal description filed under paragraph 7#a7 shall be on file and available for public inspection in the ,office of the ,secretary4 7d7 ,administration 7#a7 ,in general ,unless expressly provided in this section1 nothing in this section affects any right or claim of the ,confederated ,tribes existing on the date of enactment of this ,act to any land or interest in land4 7#b7 ,prohibitions 7,a7 ,exports of unprocessed logs ,federal law 7including regulations7 relating to the export of unprocessed logs harvested from ,federal land shall apply to any unprocessed logs that are harvested from the ,oregon ,coastal land taken into trust under subsection 7b74 7,b7 ,non-permissible use of land ,any real property taken into trust under subsection 7b7 shall not be eligible1 or used1 for any gaming activity carried out under ,public ,law #ajj-dig 7#be ,u4,s4,c4 #bgja et seq474 7#c7 ,forest management ,any forest management activity that is carried out on the ,oregon ,coastal land shall be managed in accordance with all applicable ,federal laws4 7#d7 ,agreements 7,a7 ,memorandum of agreement for administrative access ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall seek to enter into an agreement with the ,confederated ,tribes that secures existing administrative access by the ,secretary to the ,oregon ,coastal land and that provides for-- 7i7 access for certain activities1 including-- 7,i7 forest management2 7,,ii7 timber and rock haul2 7,,iii7 road maintenance2 7,,iv7 wildland fire protection and management2 7,v7 cadastral surveys2 7,,vi7 wildlife1 cultural1 and other surveys2 and 7,,vii7 law enforcement activities2 7ii7 the management of the ,oregon ,coastal land that is acquired or developed under chapter #bjjc of title #ed1 ,united ,states ,code1 consistent with section #bjjcje7;f77#c7 of that title2 and 7iii7 the terms of public vehicular transit across the ,oregon ,coastal land to and from the ,hult ,log ,storage ,reservoir located in ,t4 #ae ,s41 ,r4 #g ,w41 as generally depicted on the map described in subsection 7a77#b71 subject to the requirement that if the ,bureau of ,land ,management discontinues maintenance of the public recreation site known as ,hult ,reservoir1 the terms of any agreement in effect on that date that provides for public vehicular transit to and from the ,hult ,log ,storage ,reservoir shall be void4 7,b7 ,reciprocal right-of-way agreements 7i7 ,in general ,on the date on which the agreement is entered into under subparagraph 7,a71 the ,secretary shall provide to the ,confederated ,tribes all reciprocal right-of-way agreements to the ,oregon ,coastal land in existence on the date of enactment of this ,act4 7ii7 ,continued access ,beginning on the date on which the ,oregon ,coastal land is taken into trust under subsection 7b71 the ,confederated ,tribes shall continue the access provided by the reciprocal right-of-way agreements referred to in clause 7i7 in perpetuity4 7#e7 ,land use planning requirements ,except as provided in paragraph 7#c71 once the ,oregon ,coastal land is taken into trust under subsection 7b71 the ,oregon ,coastal land shall not be subject to the land use planning requirements of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 or the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq474 7e7 ,land reclassification 7#a7 ,identification of ,oregon and ,california railroad grant land ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary shall identify any ,oregon and ,california ,railroad grant land that is held in trust by the ,united ,states for the benefit of the ,confederated ,tribes under subsection 7b74 7#b7 ,identification of public domain land ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall identify public domain land in the ,state of ,oregon that-- 7,a7 is approximately equal in acreage and condition as the ,oregon and ,california ,railroad grant land identified under paragraph 7#a72 and 7,b7 is located within the #ah western ,oregon and ,california ,railroad grant land counties 7other than ,klamath ,county1 ,oregon74 7#c7 ,maps ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress and publish in the ,federal ,register #a or more maps depicting the land identified in paragraphs 7#a7 and 7#b74 7#d7 ,reclassification 7,a7 ,in general ,after providing an opportunity for public comment1 the ,secretary shall reclassify the land identified in paragraph 7#b7 as ,oregon and ,california ,railroad grant land4 7,b7 ,applicability ,the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a et seq471 shall apply to land reclassified as ,oregon and ,california ,railroad grant land under subparagraph 7,a74 #fjji4 ,amendments to ,coquille ,restoration ,act ,section #e7;d7 of the ,coquille ,restoration ,act 7,public ,law #aja-db2 #ajc ,stat4 #ib1 #aaj ,stat4 #cjji-ecg7 is amended-- 7#a7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,management 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs1 shall manage the ,coquille ,forest in accordance with the laws pertaining to the management of ,indian trust land4 7,b7 ,administration 7i7 ,unprocessed logs ,unprocessed logs harvested from the ,coquille ,forest shall be subject to the same ,federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from ,federal land4 7ii7 ,sales of timber ,notwithstanding any other provision of law1 all sales of timber from land subject to this subsection shall be advertised1 offered1 and awarded according to competitive bidding practices1 with sales being awarded to the highest responsible bidder4 2 7#b7 by striking paragraph 7#i72 and 7#c7 by redesignating paragraphs 7#aj7 through 7#ab7 as paragraphs 7#i7 through 7#aa71 respectively4 #fjaj4 ,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 ,secretary1 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 #fjaa4 ,pascua ,yaqui ,tribe land conveyance 7a7 ,definitions ,in this section3 7#a7 ,district ,the term ,district means the ,tucson ,unified ,school ,district ,no4 #a1 a school district recognized as such under the laws of the ,state of ,arizona4 7#b7 ,map ,the term ,map means the map titled #8,pascua ,yaqui ,tribe ,land ,conveyance ,act1 dated ,march #ad1 #bjaf1 and on file and available for public inspection in the local office of the ,bureau of ,land ,management4 7#c7 ,recreation and ,public ,purposes ,act ,the term ,recreation and ,public ,purposes ,act means the ,act of ,june #ad1 #aibf 7#dc ,u4,s4,c4 #hfi et seq474 7#d7 ,tribe ,the term ,tribe means the ,pascua ,yaqui ,tribe of ,arizona1 a federally recognized ,indian tribe4 7b7 ,land to be held in trust 7#a7 ,parcel ,a ,subject to paragraph 7#b7 and to valid existing rights1 all right1 title1 and interest of the ,united ,states in and to the approximately #ci4fe acres of ,federal lands generally depicted on the map as ,parcel ,a are declared to be held in trust by the ,united ,states for the benefit of the ,tribe4 7#b7 ,effective date ,paragraph 7#a7 shall take effect on the day after the date on which the ,district relinquishes all right1 title1 and interest of the ,district in and to the approximately #ci4fe acres of land described in paragraph 7#a74 7c7 ,lands to be conveyed to the district 7#a7 ,parcel ,b 7,a7 ,in general ,subject to valid existing rights and payment to the ,united ,states of the fair market value1 the ,united ,states shall convey to the ,district all right1 title1 and interest of the ,united ,states in and to the approximately #ac4bd acres of ,federal lands generally depicted on the map as ,parcel ,b4 7,b7 ,determination of fair market value ,the fair market value of the property to be conveyed under subparagraph 7,a7 shall be determined by the ,secretary in accordance with the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions and the ,uniform ,standards of ,professional ,appraisal ,practice4 7,c7 ,costs of conveyance ,as a condition of the conveyance under this paragraph1 all costs associated with the conveyance shall be paid by the ,district4 7#b7 ,parcel ,c 7,a7 ,in general ,if1 not later than #a year after the completion of the appraisal required by subparagraph 7,c71 the ,district submits to the ,secretary an offer to acquire the ,federal reversionary interest in all of the approximately #bg4e acres of land conveyed to the ,district under ,recreation and ,public ,purposes ,act and generally depicted on the map as ,parcel ,c1 the ,secretary shall convey to the ,district such reversionary interest in the lands covered by the offer4 ,the ,secretary shall complete the conveyance not later than #cj days after the date of the offer4 7,b7 ,survey ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall complete a survey of the lands described in this paragraph to determine the precise boundaries and acreage of the lands subject to the ,federal reversionary interest4 7,c7 ,appraisal ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall complete an appraisal of the ,federal reversionary interest in the lands identified by the survey required by subparagraph 7,b74 ,the appraisal shall be completed in accordance with the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions and the ,uniform ,standards of ,professional ,appraisal ,practice4 7,d7 ,consideration ,as consideration for the conveyance of the ,federal reversionary interest under this paragraph1 the ,district shall pay to the ,secretary an amount equal to the appraised value of the ,federal interest1 as determined under subparagraph 7,c74 ,the consideration shall be paid not later than #cj days after the date of the conveyance4 7,e7 ,costs of conveyance ,as a condition of the conveyance under this paragraph1 all costs associated with the conveyance1 including the cost of the survey required by subparagraph 7,b7 and the appraisal required by subparagraph 7,c71 shall be paid by the ,district4 7d7 ,gaming prohibition ,the ,tribe may not conduct gaming activities on lands taken into trust pursuant to this section1 either as a matter of claimed inherent authority1 under the authority of any ,federal law1 including the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgja et seq471 or under regulations promulgated by the ,secretary or the ,national ,indian ,gaming ,commission4 7e7 ,water rights 7#a7 ,in general ,there shall be no ,federal reserved right to surface water or groundwater for any land taken into trust by the ,united ,states for the benefit of the ,tribe under this section4 7#b7 ,state water rights ,the ,tribe retains any right or claim to water under ,state law for any land taken into trust by the ,united ,states for the benefit of the ,tribe under this section4 7#c7 ,forfeiture or abandonment ,any water rights that are appurtenant to land taken into trust by the ,united ,states for the benefit of the ,tribe under this section may not be forfeited or abandoned4 7#d7 ,administration ,nothing in this section affects or modifies any right of the ,tribe or any obligation of the ,united ,states under ,public ,law #ie-cge 7#ib ,stat4 #gab2 #ajh ,stat4 #cdah74 ,b ,land management #faja4 ,cadastre of ,federal real property 7a7 ,definition of cadastre ,in this section1 the term cadastre means a geospatially enabled 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 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 and the ,forest ,service2 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 agencies1 including the ,forest ,service1 to make the cadastre available for use by the ,department1 the ,forest ,service1 and other ,federal agencies 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 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 required to make the cadastre available to non-,federal entities4 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-- 7,a7 shall 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 shall 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 shall 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 shall integrate with and leverage1 to the maximum extent practicable1 cadastre activities of units of ,state and local government2 and 7,e7 may 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 publicly 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 #fajb4 ,additional authority for sale or exchange of small parcels of ,national ,forest ,system land ,section #c of ,public ,law #ig-dfe 7commonly known as the ,small ,tracts ,act7 7#af ,u4,s4,c4 #eba;e7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #aej1jjj and inserting #ejj1jjj2 and 7#b7 in paragraph 7#a7-- 7,a7 by striking under the mining laws2 and 7,b7 by striking the semicolon at the end and inserting 1 or have lost their ,national ,forest character24 #fajc4 ,bolts ditch access 7a7 ,access granted ,the ,secretary of ,agriculture shall permit by special use authorization nonmotorized access and use1 in accordance with section #bic4f of title #cf1 ,code of ,federal ,regulations1 of the ,bolts ,ditch ,headgate and the ,bolts ,ditch within the ,holy ,cross ,wilderness1 ,colorado1 as designated by ,public ,law #if-efj1 for the purposes of the diversion of water and use1 maintenance1 and repair of such ditch and headgate by the ,town of ,minturn1 ,colorado1 a ,colorado ,home ,rule ,municipality4 7b7 ,location of facilities ,the ,bolts ,ditch headgate and ditch segment referenced in subsection 7a7 are as generally depicted on the map entitled ,bolts ,ditch headgate and ,ditch ,segment1 dated ,november1 #bjae4 #fajd4 ,designation of ,alex ,diekmann ,peak1 ,montana 7a7 ,in general ,the unnamed #i1gfe-;foot peak located #b4b miles west-northwest of ,finger ,mountain on the western boundary of the ,lee ,metcalf ,wilderness1 ,montana 7,,utm coordinates ,zone #ab1 #degiff ,e41 #dihbehi ,n471 shall be known and designated as ,alex ,diekmann ,peak4 7b7 ,references ,any reference in a law1 map1 regulation1 document1 record1 or other paper of the ,united ,states to the peak described in subsection 7a7 shall be considered to be a reference to ,alex ,diekmann ,peak4 #faje4 ,methow ,valley1 ,washington1 ,federal land withdrawal 7a7 ,definition of ,map ,in this section1 the term ,map means the ,forest ,service map entitled ,methow ,headwaters ,withdrawal ,proposal ,legislative ,map and dated ,may #bd1 #bjaf4 7b7 ,withdrawal ,subject to valid existing rights1 the approximately #cdj1jgi acres of ,federal land and interests in the land located in the ,okanogan-,wenatchee ,national ,forest within the area depicted on the ,map as ,proposed ,withdrawal is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under the mineral leasing and geothermal leasing laws4 7c7 ,acquired land ,any land or interest in land within the area depicted on the ,map as ,proposed ,withdrawal that is acquired by the ,united ,states after the date of enactment of this ,act shall1 on acquisition1 be immediately withdrawn in accordance with this section4 7d7 ,availability of map ,the ,map shall be kept on file and made available for public inspection in the appropriate offices of the ,forest ,service and the ,bureau of ,land ,management4 #fajf4 ,frank and ,jeanne ,moore ,wild ,steelhead ,special ,management ,area1 ,oregon 7a7 ,findings ,congress finds that-- 7#a7 ,frank ,moore has committed his life to family1 friends1 his country1 and fly fishing2 7#b7 ,frank ,moore is a ,world ,war ,,ii veteran who stormed the beaches of ,normandy along with #aej1jjj troops during the ,d-,day ,allied invasion and was awarded the ,chevalier of the ,french ,legion of ,honor for his bravery2 7#c7 ,frank ,moore returned home after the war1 started a family1 and pursued his passion of fishing on the winding rivers in ,oregon2 7#d7 as the proprietors of the ,steamboat ,inn along the ,north ,umpqua ,river in ,oregon for nearly #bj years1 ,frank and ,jeanne ,moore shared their love of fishing1 the flowing river1 and the great outdoors with visitors from all over the ,united ,states and the world2 7#e7 ,frank ,moore has spent most of his life fishing the vast rivers of ,oregon1 during which time he has contributed significantly to efforts to conserve fish habitats and protect river health1 including serving on the ,state of ,oregon ,fish and ,wildlife ,commission2 7#f7 ,frank ,moore has been recognized for his conservation work with the ,national ,wildlife ,federation ,conservationist of the ,year award1 the ,wild ,steelhead ,coalition ,conservation ,award1 and his #bjaj induction into the ,fresh ,water ,fishing ,hall of ,fame2 7#g7 ,jeanne ,moore has dedicated many years to studying1 documenting1 and bringing attention to rare and native plants and flowers in the ,umpqua ,national ,forest2 7#h7 the work and dedication of ,jeanne ,moore led to the establishment of the ,limpy ,rock ,research ,natural ,area in the ,umpqua ,national ,forest and the protection of unique native plant species2 and 7#i7 in honor of the many accomplishments of ,frank and ,jeanne ,moore1 both on and off the river1 approximately #ii1fec acres of ,forest ,service land in the ,state of ,oregon should be designated as the ,frank and ,jeanne ,moore ,wild ,steelhead ,special ,management ,area4 7b7 ,definitions ,in this section3 7#a7 ,map ,the term ,map means the map entitled ,frank ,moore ,wild ,steelhead ,special ,management ,area ,designation ,act and dated ,june #bc1 #bjaf4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#c7 ,special management area ,the term ,special ,management ,area means the ,frank and ,jeanne ,moore ,wild ,steelhead ,special ,management ,area designated by subsection 7c74 7#d7 ,state ,the term ,state means the ,state of ,oregon4 7c7 ,designation ,the approximately #ii1fec acres of ,forest ,service land in the ,state1 as generally depicted on the ,map1 is designated as the ,frank and ,jeanne ,moore ,wild ,steelhead ,special ,management ,area4 7d7 ,map2 legal description 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall prepare a map and legal description of the ,special ,management ,area4 7#b7 ,force of law ,the map and legal description prepared under paragraph 7#a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct clerical and typographical errors in the map and legal description4 7#c7 ,availability ,the map and legal description prepared under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,forest ,service4 7e7 ,administration ,subject to valid existing rights1 the ,special ,management ,area shall be administered by the ,secretary-- 7#a7 in accordance with all laws 7including regulations7 applicable to the ,national ,forest ,system2 and 7#b7 in a manner that-- 7,a7 conserves and enhances the natural character1 scientific use1 and the botanical1 recreational1 ecological1 fish and wildlife1 scenic1 drinking water1 and cultural values of the ,special ,management ,area2 7,b7 maintains and seeks to enhance the wild salmonid habitat of the ,special ,management ,area2 7,c7 maintains or enhances the watershed as a thermal refuge for wild salmonids2 and 7,d7 preserves opportunities for recreation1 including primitive recreation4 7f7 ,fish and wildlife ,nothing in this section affects the jurisdiction or responsibilities of the ,state with respect to fish and wildlife in the ,state4 7g7 ,adjacent management ,nothing in this section-- 7#a7 creates any protective perimeter or buffer zone around the ,special ,management ,area2 or 7#b7 modifies the applicable travel management plan for the ,special ,management ,area4 7h7 ,wildfire management ,nothing in this section prohibits the ,secretary1 in cooperation with other ,federal1 ,state1 and local agencies1 as appropriate1 from conducting wildland fire operations in the ,special ,management ,area1 consistent with the purposes of this section1 including the use of aircraft1 machinery1 mechanized equipment1 fire breaks1 backfires1 and retardant4 7i7 ,vegetation management ,nothing in this section prohibits the ,secretary from conducting vegetation management projects within the ,special ,management ,area in a manner consistent with-- 7#a7 the purposes described in subsection 7e72 and 7#b7 the applicable forest plan4 7j7 ,protection of tribal rights ,nothing in this section diminishes any treaty rights of an ,indian tribe4 7k7 ,withdrawal ,subject to valid existing rights1 the ,federal land within the boundaries of the ,special ,management ,area river segments designated by subsection 7c7 is withdrawn from all forms of-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 disposition under all laws relating to mineral and geothermal leasing or mineral materials4 #fajg4 ,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 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 #fajh4 ,maintenance or replacement of facilities and structures at ,smith ,gulch ,the authorization of the ,secretary of ,agriculture to maintain or replace facilities or structures for commercial recreation services at ,smith ,gulch under section #c7;a77#bd77;,d7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77#bd77;,d77-- 7#a7 may include improvements or replacements that the ,secretary of ,agriculture determines-- 7,a7 are consistent with section #i7;b7 of the ,central ,idaho ,wilderness ,act of #aihj 7#af ,u4,s4,c4 #abha note2 ,public ,law #if-cab72 and 7,b7 would reduce the impact of the commercial recreation facilities or services on wilderness or wild and scenic river resources and values2 and 7#b7 authorizes the ,secretary of ,agriculture to consider including1 as appropriate-- 7,a7 hydroelectric generators and associated electrical transmission facilities2 7,b7 water pumps for fire suppression2 7,c7 transitions from propane to electrical lighting2 7,d7 solar energy systems2 7,e7 #f-volt or #ab-volt battery banks for power storage2 and 7,f7 other improvements or replacements which are consistent with this section that the ,secretary of ,agriculture determines appropriate4 #faji4 ,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 ,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 #faaj4 ,additions to ,cherokee ,national ,forest ,wilderness ,areas 7a7 ,definitions ,in this section3 7#a7 ,map ,the term ,map means the map entitled ,proposed ,wilderness ,areas and ,additions-,cherokee ,national ,forest and dated ,january #bj1 #bjaj4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#c7 ,state ,the term ,state means the ,state of ,tennessee4 7b7 ,designation of wilderness ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the following parcels of ,federal land in the ,cherokee ,national ,forest in the ,state of ,tennessee are designated as wilderness and as additions to the ,national ,wilderness ,preservation ,system3 7#a7 ,certain land comprising approximately #i1jch acres1 as generally depicted as the ,upper ,bald ,river ,wilderness on the ,map and which shall be known as the ,upper ,bald ,river ,wilderness4 7#b7 ,certain land comprising approximately #cdh acres1 as generally depicted as the ,big ,frog ,addition on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,big ,frog ,wilderness4 7#c7 ,certain land comprising approximately #fcj acres1 as generally depicted as the ,little ,frog ,mountain ,addition ,,nw on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,little ,frog ,mountain ,wilderness4 7#d7 ,certain land comprising approximately #ccf acres1 as generally depicted as the ,little ,frog ,mountain ,addition ,,ne on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,little ,frog ,mountain ,wilderness4 7#e7 ,certain land comprising approximately #b1ibb acres1 as generally depicted as the ,sampson ,mountain ,addition on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,sampson ,mountain ,wilderness4 7#f7 ,certain land comprising approximately #d1ddf acres1 as generally depicted as the ,big ,laurel ,branch ,addition on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,big ,laurel ,branch ,wilderness4 7#g7 ,certain land comprising approximately #a1hcf acres1 as generally depicted as the ,joyce ,kilmer-,slickrock ,addition on the ,map and which shall be incorporated in1 and shall be considered to be a part of1 the ,joyce ,kilmer-,slickrock ,wilderness4 7c7 ,maps and legal descriptions 7#a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary shall file maps and legal descriptions of the wilderness areas designated by subsection 7b7 with the appropriate committees of ,congress4 7#b7 ,public availability ,the maps and legal descriptions filed under paragraph 7#a7 shall be on file and available for public inspection in the office of the ,chief of the ,forest ,service and the office of the ,supervisor of the ,cherokee ,national ,forest4 7#c7 ,force of law ,the maps and legal descriptions filed under paragraph 7#a7 shall have the same force and effect as if included in this section1 except that the ,secretary may correct typographical errors in the maps and descriptions4 7d7 ,administration 7#a7 ,in general ,subject to valid existing rights1 the ,federal land designated as wilderness by subsection 7b7 shall be administered by the ,secretary in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 except that any reference in that ,act to the effective date of that ,act shall be deemed to be a reference to the date of the enactment of this ,act4 7#b7 ,fish and wildlife management ,in accordance with section #d7;d77#g7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#g771 nothing in this section affects the jurisdiction of the ,state with respect to fish and wildlife management 7including the regulation of hunting1 fishing1 and trapping7 in the wilderness areas designated by subsection 7b74 ,,vii ,national ,park ,system ,management1 ,studies1 and ,related ,matters ,a ,special ,resource ,studies #gjja4 ,special resource study of ,james ,k4 ,polk presidential home 7a7 ,definition of study area ,in this section1 the term study area means the ,president ,james ,k4 ,polk ,home in ,columbia1 ,tennessee1 and adjacent property4 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 #gjjb4 ,special resource study of ,fort ,ontario 7a7 ,definition of study area ,in this section1 the term study area means ,fort ,ontario in ,oswego1 ,new ,york4 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 ,b ,national ,park ,service ,management and ,related ,matters #gaja4 ,ocmulgee ,mounds ,national ,historical ,park boundary revision 7a7 ,definitions ,in this section3 7#a7 ,historical park ,the term ,historical ,park means the ,ocmulgee ,mounds ,national ,historical ,park in the ,state of ,georgia1 as redesignated in subsection 7b74 7#b7 ,map ,the term map means the map entitled ,ocmulgee ,national ,monument ,proposed ,boundary ,adjustment1 numbered #cfc_/abeiif1 and dated ,january #bjaf4 7b7 ,ocmulgee mounds national historical park 7#a7 ,redesignation ,ocmulgee ,national ,monument1 established pursuant to the ,act of ,june #ad1 #aicd 7#dh ,stat4 #ieh71 shall be known and designated as ,ocmulgee ,mounds ,national ,historical ,park4 7#b7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to ,ocmulgee ,national ,monument1 other than in this section1 shall be deemed to be a reference to ,ocmulgee ,mounds ,national ,historical ,park4 7c7 ,boundary adjustment 7#a7 ,in general ,the boundary of the ,historical ,park is revised to include approximately #b1ajj acres1 as generally depicted on the map4 7#b7 ,availability of map ,the map shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service4 7d7 ,land acquisition 7#a7 ,in general ,the ,secretary may acquire land and interests in land within the boundaries of the ,historical ,park by donation1 purchase from a willing seller with donated or appropriated funds1 or exchange4 7#b7 ,limitation ,the ,secretary may not acquire by condemnation any land or interest in land within the boundaries of the ,historical ,park4 7e7 ,administration ,the ,secretary shall administer any land acquired under subsection 7d7 as part of the ,historical ,park in accordance with applicable laws and regulations4 7f7 ,ocmulgee river corridor special resource study 7#a7 ,in general ,the ,secretary shall conduct a special resource study of the ,ocmulgee ,river corridor between the cities of ,macon1 ,georgia1 and ,hawkinsville1 ,georgia1 to determine-- 7,a7 the national significance of the study area2 7,b7 the suitability and feasibility of adding lands in the study area to the ,national ,park ,system2 and 7,c7 the methods and means for the protection and interpretation of the study area by the ,national ,park ,service1 other ,federal1 ,state1 local government entities1 affiliated federally recognized ,indian tribes1 or private or nonprofit organizations4 7#b7 ,criteria ,the ,secretary shall conduct the study authorized by this section in accordance with section #ajjejg of title #ed1 ,united ,states ,code4 7#c7 ,results of study ,not later than #c years after the date on which funds are made available to carry out this subsection1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate-- 7,a7 the results of the study2 and 7,b7 any findings1 conclusions1 and recommendations of the ,secretary4 #gajb4 ,john ,muir ,national ,historic ,site land acquisition 7a7 ,acquisition ,the ,secretary may acquire by donation the approximately #dd acres of land1 and interests in such land1 that are identified on the map entitled ,john ,muir ,national ,historic ,site ,proposed ,boundary ,expansion1 numbered #dbf_/abgaej1 and dated ,november1 #bjad4 7b7 ,boundary ,upon the acquisition of the land authorized by subsection 7a71 the ,secretary shall adjust the boundaries of the ,john ,muir ,historic ,site in ,martinez1 ,california1 to include the land identified on the map referred to in subsection 7a74 7c7 ,administration ,the land and interests in land acquired under subsection 7a7 shall be administered as part of the ,john ,muir ,national ,historic ,site established by ,public ,law #hh-edg 7#gh ,stat4 #gec74 #gajc4 ,amendment to ,coltsville ,national ,historical ,park donation site ,section #cjcb7;b77#b77;,b7 of ,public ,law #aac-bia 7#af ,u4,s4,c4 #dajqqq7b77#b77;,b77 is amended by striking ,east ,armory and inserting ,colt ,armory ,complex4 #gajd4 ,kennesaw ,mountain ,national ,battlefield ,park boundary adjustment2 land acquisition2 administration 7a7 ,boundary adjustment ,the boundary of the ,kennesaw ,mountain ,national ,battlefield ,park is modified to include the approximately #h acres identified as ,wallis ,house and ,harriston ,hill1 and generally depicted on the map titled ,kennesaw ,mountain ,national ,battlefield ,park1 ,proposed ,boundary ,adjustment1 numbered #cbe_/hj1jbj1 and dated ,february #bjaj4 7b7 ,map ,the map referred to in subsection 7a7 shall be on file and available for inspection in the appropriate offices of the ,national ,park ,service4 7c7 ,land acquisition ,the ,secretary may acquire land or interests in land described in subsection 7a7 by donation1 purchase from willing sellers1 or exchange4 7d7 ,administration of acquired land ,the ,secretary shall administer land and interests in land acquired under this section as part of the ,kennesaw ,mountain ,national ,battlefield ,park in accordance with applicable laws and regulations4 #gaje4 ,designation of existing wilderness area in ,lake ,clark ,national ,park as the ,jay ,s4 ,hammond ,wilderness 7a7 ,designation ,the approximately #b1fjj1jjj acres of ,national ,wilderness ,preservation ,system land located within the ,lake ,clark ,national ,park and ,preserve designated by section #gja7f7 of the ,alaska ,national ,interest ,lands ,conservation ,act 7#af ,u4,s4,c4 #aacb note2 ,public ,law #if-dhg7 shall be known and designated as the ,jay ,s4 ,hammond ,wilderness4 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 ,wilderness4 #gajf4 ,sky ,point mountain designation 7a7 ,designation ,the mountain in the ,john ,muir ,wilderness of the ,sierra ,national ,forest in ,california1 located at #cgaeaf4ajjia,n #aahdcci4edajb,w1 shall be known and designated as ,sky ,point4 7b7 ,reference ,any reference in a law1 map1 regulation1 document1 record1 or other paper of the ,united ,states to the mountain described in subsection 7a7 shall be considered to be a reference to ,sky ,point4 #gajg4 ,eligibility of ,hispanic-serving institutions and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions for assistance for preservation education and training programs ,section #cjcijc7c7 of title #ed1 ,united ,states ,code1 is amended by inserting to ,hispanic-serving institutions 7as defined in section #ejb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a777 and ,asian ,american and ,native ,american ,pacific ,islander-serving institutions 7as defined in section #cbj7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g7b7771 after universities14 #gajh4 ,martin ,luther ,king1 ,jr4 ,national ,historical ,park 7a7 ,amendment ,public ,law #if-dbh 7#ed ,u4,s4,c4 #cbjaja note2 #id ,stat4 #ahci7 is amended-- 7#a7 in subsection 7a7 of the first section1 by striking the map entitled ,martin ,luther ,king1 ,junior1 ,national ,historic ,site ,boundary ,map1 number #dhi_/hj1jac;,b1 and dated ,september #aiib and inserting the map entitled ,martin ,luther ,king1 ,jr4 ,national ,historical ,park ,proposed ,boundary ,revision1 numbered #dhi_/abh1ghf and dated ,june #bjae2 7#b7 by striking ,martin ,luther ,king1 ,junior1 ,national ,historic ,site each place it appears and inserting ,martin ,luther ,king1 ,jr4 ,national ,historical ,park2 7#c7 by striking national historic site each place it appears and inserting national historical park2 7#d7 by striking historic site each place it appears and inserting historical park2 and 7#e7 by striking historic sites in section #b7;a7 and inserting historical parks4 7b7 ,references ,any reference in a law 7other than this section71 map1 regulation1 document1 paper1 or other record of the ,united ,states to ,martin ,luther ,king1 ,junior1 ,national ,historic ,site shall be deemed to be a reference to ,martin ,luther ,king1 ,jr4 ,national ,historical ,park4 #gaji4 ,vehicular access and fees at ,delaware ,water ,gap ,national ,recreation ,area 7a7 ,in general ,section #d of the ,delaware ,water ,gap ,national ,recreation ,area ,improvement ,act 7,public ,law #aji-aef2 #aai ,stat4 #bidh7 is amended to read as follows3 #d4 ,use of certain roads within the ,recreation ,area 7a7 ,in general ,except as otherwise provided in this section1 ,highway #bji1 a federally owned road within the boundaries of the ,recreation ,area1 shall be closed to all commercial vehicles4 7b7 ,exception for local business use ,until ,september #cj1 #bjba1 subsection 7a7 shall not apply with respect to the use of commercial vehicles that have four or fewer axles and are-- 7#a7 owned and operated by a business physically located in-- 7,a7 the ,recreation ,area2 or 7,b7 one or more adjacent municipalities2 or 7#b7 necessary to provide services to businesses or persons located in-- 7,a7 the ,recreation ,area2 or 7,b7 one of more adjacent municipalities4 7c7 ,fee ,the ,secretary shall establish a fee and permit program for the use by commercial vehicles of ,highway #bji under subsection 7b74 ,the program shall include an annual fee not to exceed #bjj per vehicle4 ,all fees received under the program shall be set aside in a special account and be available1 without further appropriation1 to the ,secretary for the administration and enforcement of the program1 including registering vehicles1 issuing permits and vehicle identification stickers1 and personnel costs4 7d7 ,exceptions ,the following vehicles may use ,highway #bji and shall not be subject to a fee or permit requirement under subsection 7c73 7#a7 ,local school buses4 7#b7 ,fire1 ambulance1 and other safety and emergency vehicles4 7#c7 ,commercial vehicles using ,federal ,road ,route #bji1 from-- 7,a7 ,milford to the ,delaware ,river ,bridge leading to ,u4,s4 ,route #bjf in ,new ,jersey2 and 7,b7 mile #j of ,federal ,road ,route #bji to ,pennsylvania ,state ,route #bjja4 4 7b7 ,definitions ,section #b of the ,delaware ,water ,gap ,national ,recreation ,area ,improvement ,act 7,public ,law #aji-aef2 #aai ,stat4 #bidf7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated by paragraph 7#a77 the following3 7#a7 ,adjacent municipalities ,the term adjacent municipalities means ,delaware ,township1 ,dingman ,township1 ,lehman ,township1 ,matamoras ,borough1 ,middle ,smithfield ,township1 ,milford ,borough1 ,milford ,township1 ,smithfield ,township and ,westfall ,township1 in ,pennsylvania4 4 7c7 ,conforming amendment ,section #gjb of division ,i of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7,public ,law #ajd-ccc2 #aaj ,stat4 #dahe7 is repealed4 #gaaj4 ,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 ,park4 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 #gaaa4 ,wild horses in and around the ,currituck ,national ,wildlife ,refuge 7a7 ,genetic diversity ,the ,secretary1 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 #gaab4 ,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 may enter into cooperative agreements pursuant to sections #aj7;e7 and #aa7;b77#a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abha7;e71 #abhb7;b77#a77with-- 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#aef77 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 ,definition of management plan ,in this section1 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 #gaac4 ,east ,rosebud ,wild and ,scenic ,rivers designation 7a7 ,purpose ,the purpose of this section is to designate ,east ,rosebud ,creek in the ,state of ,montana as a component of the ,national ,wild and ,scenic ,rivers ,system to preserve and protect for present and future generations the outstandingly remarkable scenic1 recreational1 and geologic values of the ,creek4 7b7 ,designation of wild and scenic river segments 7#a7 ,designation ,section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 7as amended by section #gaab7;a77 is amended by adding at the end the following3 7#bad7 ,east ,rosebud ,creek1 ,montana ,the portions of ,east ,rosebud ,creek in the ,state of ,montana1 consisting of-- 7,a7 the #ac-mile segment exclusively on public land within the ,custer ,national ,forest from the source in the ,absaroka-,beartooth ,wilderness downstream to the point at which the ,creek enters ,east ,rosebud ,lake1 including the stream reach between ,twin ,outlets ,lake and ,fossil ,lake1 to be administered by the ,secretary of ,agriculture as a wild river2 and 7,b7 the #g-mile segment exclusively on public land within the ,custer ,national ,forest from immediately below1 but not including1 the outlet of ,east ,rosebud ,lake downstream to the point at which the ,creek enters private property for the first time1 to be administered by the ,secretary of ,agriculture as a recreational river4 4 7#b7 ,adjacent management 7,a7 ,in general ,nothing in paragraph 7#bad7 of section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 7as added by paragraph 7#a77 creates a protective perimeter or buffer zone outside the designated boundary of the river segment designated by that paragraph4 7,b7 ,outside activities ,the fact that an otherwise authorized activity or use can be seen or heard within the boundary of the river segment designated by paragraph 7#bad7 of section #c7;a7 of the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abgd7;a77 7as added by paragraph 7#a77 shall not preclude the activity or use outside the boundary of the river segment4 #gaad4 ,arlington ,ridge ,visitor ,services ,facility ,notwithstanding subsection 7g7 of section #bhfc of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjb 7,public ,law #ajg-ajg2 #aae ,stat4 #accb71 the ,secretary may construct a structure for visitor services to include a public restroom facility on the ,arlington ,ridge tract 7as defined in that section7 in the area of the ,united ,states ,marine ,corps ,war ,memorial4 #gaae4 ,rockingham ,county1 ,virginia1 removal of use restriction ,public ,law #aja-dgi 7#ajd ,stat4 #aaeh7 is amended-- 7#a7 by striking section #b7;d72 and 7#b7 by adding at the end the following3 #d4 ,removal of use restriction 7a7 ,the approximately #a-;acre portion of the land referred to in section #c that is used for purposes of a child care center1 as authorized by this ,act1 shall not be subject to the use restriction imposed in the deed referred to in section #c4 7b7 ,upon enactment of this section1 the ,secretary of the ,interior shall execute an instrument to carry out subsection 7a74 4 #gaaf4 ,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 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 #gaag4 ,shiloh ,national ,military ,park boundary modification 7a7 ,definitions ,in this section3 7#a7 ,affiliated area ,the term affiliated area means the ,parker's ,crossroads ,battlefield established as an affiliated area of the ,national ,park ,system by subsection 7c77#a74 7#b7 ,park ,the term ,park means ,shiloh ,national ,military ,park1 a unit of the ,national ,park ,system4 7b7 ,areas to be added to shiloh national military park 7#a7 ,additional areas ,the boundary of the ,park is modified to include the areas that are generally depicted on the map entitled ,shiloh ,national ,military ,park1 ,proposed ,boundary ,adjustment1 numbered #cjd_/hj1jaa1 and dated ,july #bjad1 and which are comprised of the following3 7,a7 ,fallen ,timbers ,battlefield4 7,b7 ,russell ,house ,battlefield4 7,c7 ,davis ,bridge ,battlefield4 7#b7 ,acquisition authority ,the ,secretary may acquire the land described in paragraph 7#a7 by donation1 purchase from willing sellers with donated or appropriated funds1 or exchange4 7#c7 ,administration ,any land acquired under this subsection shall be administered as part of the ,park4 7c7 ,establishment of affiliated area 7#a7 ,in general ,parker's ,crossroads ,battlefield in the ,state of ,tennessee is established as an affiliated area of the ,national ,park ,system4 7#b7 ,description of affiliated area ,the affiliated area shall consist of the area generally depicted within the ,proposed ,boundary on the map entitled ,parker's ,crossroads ,battlefield1 ,proposed ,boundary1 numbered #ijc_/hj1jgc1 and dated ,july #bjad4 7#c7 ,administration ,the affiliated area shall be managed in accordance with-- 7,a7 this section2 and 7,b7 any law generally applicable to units of the ,national ,park ,system4 7#d7 ,management entity ,the ,city of ,parkers ,crossroads and the ,tennessee ,historical ,commission shall jointly be the management entity for the affiliated area4 7#e7 ,cooperative agreements ,the ,secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance for the marketing1 marking1 interpretation1 and preservation of the affiliated area4 7#f7 ,limited role of the secretary ,nothing in this section authorizes the ,secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation1 maintenance1 or management of the affiliated area4 7#g7 ,general management plan 7,a7 ,in general ,the ,secretary1 in consultation with the management entity1 shall develop a general management plan for the affiliated area in accordance with section #ajjejb of title #ed1 ,united ,states ,code4 7,b7 ,transmittal ,not later than #c years after the date on which funds are made available to carry out this section1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate the general management plan developed under subparagraph 7,a74 #gaah4 ,historically ,black ,colleges and ,universities ,historic ,preservation ,program reauthorized ,section #ejg7;d77#b7 of division ,i of the ,omnibus ,parks and ,public ,lands ,management ,act of #aiif 7#ed ,u4,s4,c4 #cjbaja note2 ,public ,law #ajd-ccc7 is amended by striking the period at the end and inserting and each of fiscal years #bjah through #bjbd44 #gaai4 ,fort ,frederica ,national ,monument boundary adjustment 7a7 ,maximum acreage ,the first section of the ,act of ,may #bf1 #aicf 7#af ,u4,s4,c4 #dcc;g71 is amended by striking two hundred and fifty acres and inserting #cje acres4 7b7 ,boundary expansion 7#a7 ,in general ,the boundary of the ,fort ,frederica ,national ,monument in the ,state of ,georgia is modified to include the land generally depicted as ,proposed ,acquisition ,areas on the map entitled ,fort ,frederica ,national ,monument ,proposed ,boundary ,expansion1 numbered #cfi_/acb1dfi1 and dated ,april #bjaf4 7#b7 ,availability of map ,the map described in paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service4 7#c7 ,acquisition of land ,the ,secretary may acquire the land and interests in land described in paragraph 7#a7 by donation or purchase with donated or appropriated funds from willing sellers only4 7#d7 ,no use of condemnation or eminent domain ,the ,secretary may not acquire by condemnation or eminent domain any land or interests in land under this section or for the purposes of this section4 #gabj4 ,redesignation of ,robert ,emmet ,park 7a7 ,redesignation ,the small triangular property designated by the ,national ,park ,service as reservation #cjb1 shall be known as ,robert ,emmet ,park4 7b7 ,reference ,any reference in any law1 regulation1 document1 record1 map1 paper1 or other record of the ,united ,states to the property referred to in subsection 7a7 is deemed to be a reference to ,robert ,emmet ,park4 7c7 ,signage ,the ,secretary may post signs on or near ,robert ,emmet ,park that include #a or more of the following3 7#a7 ,information on ,robert ,emmet1 his contribution to ,irish independence1 and his respect for the ,united ,states and the ,american ,revolution4 7#b7 ,information on the history of the statue of ,robert ,emmet located in ,robert ,emmet ,park4 #gaba4 ,designation of the ,national ,memorial to ,fallen ,educators 7a7 ,in general ,the memorial to fallen educators located at the ,national ,teachers ,hall of ,fame in ,emporia1 ,kansas1 is designated as the ,national ,memorial to ,fallen ,educators4 7b7 ,effect of ,designation ,the national memorial designated by this section is not a unit of the ,national ,park ,system and the designation of the ,national ,memorial to ,fallen ,educators shall not require or permit ,federal funds to be expended for any purpose related to that national memorial4 #gabb4 ,african ,american ,civil ,rights ,network 7a7 ,purposes ,the purposes of this section are-- 7#a7 to recognize-- 7,a7 the importance of the ,african ,american civil rights movement2 and 7,b7 the sacrifices made by the people who fought against discrimination and segregation2 and 7#b7 to authorize the ,national ,park ,service to coordinate and facilitate ,federal and non-,federal activities to commemorate1 honor1 and interpret-- 7,a7 the history of the ,african ,american civil rights movement2 7,b7 the significance of the civil rights movement as a crucial element in the evolution of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq472 and 7,c7 the relevance of the ,african ,american civil rights movement in fostering the spirit of social justice and national reconciliation4 7b7 ,african ,american ,civil ,rights ,network ,program 7#a7 ,in general ,subdivision #a of ,division ,b of subtitle ,,iii of title #ed1 ,united ,states ,code1 is amended by inserting after chapter #cjhc the following3 #cjhd ,african ,american ,civil ,rights ,network ,sec4 #cjhdja4 ,definition of ,network4 #cjhdjb4 ,african ,american ,civil ,rights ,network4 #cjhdjc4 ,cooperative agreements and memoranda of understanding4 #cjhdja4 ,definition of ,network ,in this chapter1 the term ,network means the ,african ,american ,civil ,rights ,network established under section #cjhdjb7;a74 #cjhdjb4 ,african ,american ,civil ,rights ,network 7a7 ,in general ,the ,secretary shall establish1 within the ,service1 a program to be known as the ,african ,american ,civil ,rights ,network4 7b7 ,duties of ,secretary ,in carrying out the ,network1 the ,secretary shall-- 7#a7 review studies and reports to complement and not duplicate studies of the historical importance of the ,african ,american civil rights movement that may be underway or completed1 such as the ,civil ,rights ,framework ,study2 7#b7 produce and disseminate appropriate educational materials relating to the ,african ,american civil rights movement1 such as handbooks1 maps1 interpretive guides1 or electronic information2 7#c7 enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection 7c72 and 7#d7 7,a7 create and adopt an official1 uniform symbol or device for the ,network2 and 7,b7 issue regulations for the use of the symbol or device adopted under subparagraph 7,a74 7c7 ,elements ,the ,network shall encompass the following elements3 7#a7 ,all units and programs of the ,service that are determined by the ,secretary to relate to the ,african ,american civil rights movement during the period from #aici through #aifh4 7#b7 ,other ,federal1 ,state1 local1 and privately owned properties that-- 7,a7 relate to the ,african ,american civil rights movement2 7,b7 have a verifiable connection to the ,african ,american civil rights movement2 and 7,c7 are included in1 or determined by the ,secretary to be eligible for inclusion in1 the ,national ,register of ,historic ,places4 7#c7 ,other governmental and nongovernmental facilities and programs of an educational1 research1 or interpretive nature that are directly related to the ,african ,american civil rights movement4 #cjhdjc4 ,cooperative agreements and memoranda of understanding ,to achieve the purposes of this chapter and to ensure effective coordination of the ,federal and non-,federal elements of the ,network described in section #cjhdjb7;c7 with ,system units and programs of the ,service1 the ,secretary may enter into cooperative agreements and memoranda of understanding with1 and provide technical assistance to the heads of other ,federal agencies1 ,states1 units of local government1 regional governmental bodies1 and private entities4 4 7#b7 ,clerical amendment ,the table of chapters for title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #cjhc the following3 #cjhd4;,african ,american ,civil ,rights ,network#cjhdja 4 #gabc4 #djj ,years of ,african-,american ,history ,commission 7a7 ,definitions ,in this section3 7#a7 ,commemoration ,the term commemoration means the commemoration of the #djjth anniversary of the arrival of ,africans in the ,english colonies1 at ,point ,comfort1 ,virginia1 in #afai4 7#b7 ,commission ,the term ,commission means the #djj ,years of ,african-,american ,history ,commission established by subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,there is established a commission1 to be known as the #djj ,years of ,african-,american ,history ,commission4 7#b7 ,membership 7,a7 ,composition ,the ,commission shall be composed of #ae members1 of whom-- 7i7 #c members shall be appointed by the ,secretary1 after considering the recommendations of ,governors of ,states1 including the ,governor of ,virginia2 7ii7 #f members shall be appointed by the ,secretary1 after considering the recommendations of civil rights organizations and historical organizations2 7iii7 #a member shall be an employee of the ,national ,park ,service having experience relating to the historical and cultural resources related to the commemoration1 to be appointed by the ,secretary2 7iv7 #b members shall be appointed by the ,secretary1 after considering the recommendations of the ,secretary of the ,smithsonian ,institution2 and 7v7 #c members shall be individuals who have an interest in1 support for1 and expertise appropriate to the commemoration1 to be appointed by the ,secretary1 after considering the recommendations of ,members of ,congress4 7,b7 ,time of appointment ,each appointment of an initial member of the ,commission shall be made before the expiration of the #abj-;day period beginning on the date of enactment of this ,act4 7,c7 ,term2 vacancies 7i7 ,term ,a member of the ,commission shall be appointed for the life of the ,commission4 7ii7 ,vacancies 7,i7 ,in general ,a vacancy on the ,commission shall be filled in the same manner in which the original appointment was made4 7,,ii7 ,partial term ,a member appointed to fill a vacancy on the ,commission shall serve for the remainder of the term for which the predecessor of the member was appointed4 7iii7 ,continuation of membership ,if a member of the ,commission was appointed to the ,commission as an employee of the ,national ,park ,service1 and ceases to be an employee of the ,national ,park ,service1 that member may continue to serve on the ,commission for not longer than the #cj-;day period beginning on the date on which that member ceases to be an employee of the ,national ,park ,service4 7#c7 ,duties ,the ,commission shall-- 7,a7 plan1 develop1 and carry out programs and activities throughout the ,united ,states-- 7i7 appropriate for the commemoration2 7ii7 to recognize and highlight the resilience and contributions of ,african-,americans since #afai2 7iii7 to acknowledge the impact that slavery and laws that enforced racial discrimination had on the ,united ,states2 and 7iv7 to educate the public about-- 7,i7 the arrival of ,africans in the ,united ,states2 and 7,,ii7 the contributions of ,african-,americans to the ,united ,states2 7,b7 encourage civic1 patriotic1 historical1 educational1 artistic1 religious1 economic1 and other organizations throughout the ,united ,states to organize and participate in anniversary activities to expand understanding and appreciation of-- 7i7 the significance of the arrival of ,africans in the ,united ,states2 and 7ii7 the contributions of ,african-,americans to the ,united ,states2 7,c7 provide technical assistance to ,states1 localities1 and nonprofit organizations to further the commemoration2 7,d7 coordinate and facilitate for the public scholarly research on1 publication about1 and interpretation of-- 7i7 the arrival of ,africans in the ,united ,states2 and 7ii7 the contributions of ,african-,americans to the ,united ,states2 7,e7 ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs2 and 7,f7 help ensure that the observances of the commemoration are inclusive and appropriately recognize the experiences and heritage of all individuals present at the arrival of ,africans in the ,united ,states4 7c7 ,commission meetings 7#a7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the initial meeting of the ,commission4 7#b7 ,meetings ,the ,commission shall meet-- 7,a7 at least #c times each year2 or 7,b7 at the call of the ,chairperson or the majority of the members of the ,commission4 7#c7 ,quorum ,a majority of the voting members shall constitute a quorum1 but a lesser number may hold meetings4 7#d7 ,chairperson and vice chairperson 7,a7 ,election ,the ,commission shall elect the ,chairperson and the ,vice ,chairperson of the ,commission on an annual basis4 7,b7 ,absence of the chairperson ,the ,vice ,chairperson shall serve as the ,chairperson in the absence of the ,chairperson4 7#e7 ,voting ,the ,commission shall act only on an affirmative vote of a majority of the members of the ,commission4 7d7 ,commission powers 7#a7 ,gifts ,the ,commission may solicit1 accept1 use1 and dispose of gifts1 bequests1 or devises of money or other property for aiding or facilitating the work of the ,commission4 7#b7 ,appointment of advisory committees ,the ,commission may appoint such advisory committees as the ,commission determines to be necessary to carry out this section4 7#c7 ,authorization of action ,the ,commission may authorize any member or employee of the ,commission to take any action that the ,commission is authorized to take under this section4 7#d7 ,procurement 7,a7 ,in general ,the ,commission may procure supplies1 services1 and property1 and make or enter into contracts1 leases1 or other legal agreements1 to carry out this section 7except that a contract1 lease1 or other legal agreement made or entered into by the ,commission shall not extend beyond the date of termination of the ,commission74 7,b7 ,limitation ,the ,commission may not purchase real property4 7#e7 ,postal services ,the ,commission may use the ,united ,states mails in the same manner and under the same conditions as other agencies of the ,federal ,government4 7#f7 ,grants and technical assistance ,the ,commission may-- 7,a7 provide grants in amounts not to exceed #bj1jjj per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration2 7,b7 provide grants to research and scholarly organizations to research1 publish1 or distribute information relating to the arrival of ,africans in the ,united ,states2 and 7,c7 provide technical assistance to ,states1 localities1 and nonprofit organizations to further the commemoration4 7e7 ,commission personnel matters 7#a7 ,compensation of members 7,a7 ,in general ,except as provided in subparagraph 7,b71 a member of the ,commission shall serve without compensation4 7,b7 ,federal employees ,a member of the ,commission who is an officer or employee of the ,federal ,government shall serve without compensation other than the compensation received for the services of the member as an officer or employee of the ,federal ,government4 7#b7 ,travel expenses ,a member of the ,commission shall 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 ,commission4 7#c7 ,director and staff 7,a7 ,in general ,the ,chairperson of the ,commission may1 without regard to the civil service laws 7including regulations71 nominate an executive director to enable the ,commission to perform the duties of the ,commission4 7,b7 ,confirmation of executive director ,the employment of an executive director shall be subject to confirmation by the ,commission4 7#d7 ,compensation 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates4 7,b7 ,maximum rate of pay ,the rate of pay for the executive director and other personnel shall not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7#e7 ,detail of government employees 7,a7 ,federal employees 7i7 ,detail ,at the request of the ,commission1 the head of any ,federal agency may detail1 on a reimbursable or nonreimbursable basis1 any of the personnel of the agency to the ,commission to assist the ,commission in carrying out the duties of the ,commission under this section4 7ii7 ,civil service status ,the detail of an employee under clause 7i7 shall be without interruption or loss of civil service status or privilege4 7,b7 ,state employees ,the ,commission may-- 7i7 accept the services of personnel detailed from the ,state2 and 7ii7 reimburse the ,state for services of detailed personnel4 7#f7 ,procurement of temporary and intermittent services ,the ,chairperson of the ,commission may procure temporary and intermittent services in accordance with section #caji7;b7 of title #e1 ,united ,states ,code1 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level ,v of the ,executive ,schedule under section #ecaf of such title4 7#g7 ,volunteer and uncompensated services ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,commission may accept and use such voluntary and uncompensated services as the ,commission determines to be necessary4 7#h7 ,support services 7,a7 ,in general ,the ,secretary shall provide to the ,commission1 on a reimbursable basis1 such administrative support services as the ,commission may request4 7,b7 ,reimbursement ,any reimbursement under this subparagraph shall be credited to the appropriation1 fund1 or account used for paying the amounts reimbursed4 7#i7 ,no effect on authority ,nothing in this subsection supersedes the authority of the ,national ,park ,service with respect to the commemoration4 7f7 ,plans2 reports 7#a7 ,strategic plan ,the ,commission shall prepare a strategic plan for the activities of the ,commission carried out under this section4 7#b7 ,final report ,not later than ,july #a1 #bjbj1 the ,commission shall complete and submit to ,congress a final report that contains-- 7,a7 a summary of the activities of the ,commission2 7,b7 a final accounting of funds received and expended by the ,commission2 and 7,c7 the findings and recommendations of the ,commission4 7g7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,commission such sums as are necessary to carry out this section4 7#b7 ,availability ,amounts made available under paragraph 7#a7 shall remain available until ,july #a1 #bjbj4 7h7 ,termination of ,commission 7#a7 ,date of termination ,the ,commission shall terminate on ,july #a1 #bjbj4 7#b7 ,transfer of documents and materials ,before the date of termination specified in paragraph 7#a71 the ,commission shall transfer all documents and materials of the ,commission to the ,national ,archives or another appropriate ,federal entity4 #gabd4 ,modification of ,voyageurs ,national ,park boundary 7a7 ,boundaries 7#a7 ,in general ,section #ajb7;a7 of ,public ,law #ia-ffa 7#af ,u4,s4,c4 #afj;a-#a7;a77 is amended-- 7,a7 in the first sentence1 by striking the drawing entitled and all that follows through ,february #aifi and inserting the map entitled ,voyageurs ,national ,park1 ,proposed ,land ,transfer ,boundary ,adjustment1 numbered #agb_/hj1jef1 and dated ,june #bjji 7#bb sheets72 and 7,b7 in the second and third sentences1 by striking drawing each place it appears and inserting map4 7#b7 ,technical corrections ,section #ajb7;b77#b77;,a7 of ,public ,law #ia-ffa 7#af ,u4,s4,c4 #afj;a-#a7;b77#b77;,a77 is amended-- 7,a7 by striking paragraph 7#a77;,c7 and 7,d7 and inserting subparagraphs 7,c7 and 7,d7 of paragraph 7#a72 and 7,b7 in the second proviso1 by striking paragraph #a7;,e7 and inserting paragraph 7#a77;,e74 7b7 ,land acquisitions ,section #bja of ,public ,law #ia-ffa 7#af ,u4,s4,c4 #afj;b7 is amended-- 7#a7 by striking the section designation and heading and all that follows through 7a7 ,the ,secretary and inserting the following3 #bja4 ,land acquisitions 7a7 ,authorization 7#a7 ,in general ,the ,secretary 2 7#b7 in subsection 7a7-- 7,a7 in the second sentence1 by striking ,when any tract of land is only partly within such boundaries and inserting the following3 7#b7 ,certain portions of tracts 7,a7 ,in general ,in any case in which only a portion of a tract of land is within the boundaries of the park 2 7,b7 in the third sentence1 by striking ,land so acquired and inserting the following3 7,b7 ,exchange 7i7 ,in general ,any land acquired pursuant to subparagraph 7,a7 2 7,c7 in the fourth sentence1 by striking ,any portion and inserting the following3 7ii7 ,portions not exchanged ,any portion 2 7,d7 in the fifth sentence1 by striking ,any ,federal property and inserting the following3 7,c7 ,transfers of ,federal property ,any ,federal property 2 and 7,e7 by striking the last sentence and inserting the following3 7,d7 ,administrative jurisdiction ,effective beginning on the date of enactment of this subparagraph1 there is transferred to the ,national ,park ,service administrative jurisdiction over-- 7i7 any land managed by the ,bureau of ,land ,management within the boundaries of the park1 as depicted on the map described in section #ajb7;a72 and 7ii7 any additional public land identified by the ,bureau of ,land ,management as appropriate for transfer within the boundaries of the park4 7,e7 ,land owned by ,state 7i7 ,donations and exchanges ,any land located within or adjacent to the boundaries of the park that is owned by the ,state of ,minnesota 7or a political subdivision of the ,state7 may be acquired by the ,secretary only through donation or exchange4 7ii7 ,revision ,on completion of an acquisition from the ,state under clause 7i71 the ,secretary shall revise the boundaries of the park to reflect the acquisition4 2 and 7#c7 in subsection 7b71 by striking 7b7 ,in exercising his and inserting the following3 7b7 ,offers by individuals ,in exercising the 4 #gabe4 ,north ,country ,national ,scenic ,trail 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 #gabf4 ,national emergency medical services commemorative work 7a7 ,in general ,the ,national ,emergency ,medical ,services ,memorial ,foundation 7referred to in this section as the ,foundation7 may establish a commemorative work on ,federal land in the ,district of ,columbia and its environs to commemorate the commitment and service represented by ,emergency ,medical ,services4 7b7 ,compliance with ,standards for ,commemorative ,works ,the establishment of the commemorative work under this section shall be in accordance with chapter #hi of title #dj1 ,united ,states ,code 7commonly known as the ,commemorative ,works ,act74 7c7 ,payment of expenses 7#a7 ,responsibility of ,national ,emergency ,medical ,services ,memorial ,foundation ,the ,foundation shall be solely responsible for acceptance of contributions for1 and payment of the expenses of1 the establishment of the commemorative work under this section4 7#b7 ,use of ,federal funds prohibited ,federal funds may not be used to pay any expense of the establishment of the commemorative work under this section4 7d7 ,deposit of excess funds 7#a7 ,in general ,if on payment of all expenses for the establishment of the commemorative work 7including the maintenance and preservation amount required by section #hijf7;b77#a7 of title #dj1 ,united ,states ,code71 there remains a balance of funds received for the establishment of the commemorative work under this section1 the ,foundation shall transmit the amount of the balance to the ,secretary for deposit in the account provided for in section #hijf7;b77#c7 of title #dj1 ,united ,states ,code4 7#b7 ,on expiration of authority ,if on expiration of the authority for the commemorative work under section #hijc7;e7 of title #dj1 ,united ,states ,code1 there remains a balance of funds received for the establishment of the commemorative work under this section1 the ,foundation shall transmit the amount of the balance to a separate account with the ,national ,park ,foundation for memorials1 to be available to the ,secretary or ,administrator of ,general ,services1 as appropriate1 in accordance with the process provided in section #hijf7;b77#d7 of title #dj1 ,united ,states ,code1 for accounts established under paragraph 7#b7 or 7#c7 of section #hijf7;b7 of title #dj1 ,united ,states ,code4 #gabg4 ,national heritage area designations 7a7 ,in general ,the following areas are designated as national heritage areas1 to be administered in accordance with this section3 7#a7 ,appalachian forest national heritage area1 west virginia and maryland 7,a7 ,in general ,there is established the ,appalachian ,forest ,national ,heritage ,area in the ,states of ,west ,virginia and ,maryland1 as depicted on the map entitled ,appalachian ,forest ,national ,heritage ,area1 numbered ,t#jg_/hj1jjj1 and dated ,october #bjjg1 including-- 7i7 ,barbour1 ,braxton1 ,grant1 ,greenbrier1 ,hampshire1 ,hardy1 ,mineral1 ,morgan1 ,nicholas1 ,pendleton1 ,pocahontas1 ,preston1 ,randolph1 ,tucker1 ,upshur1 and ,webster ,counties in ,west ,virginia2 and 7ii7 ,allegany and ,garrett ,counties in ,maryland4 7,b7 ,local coordinating entity ,the ,appalachian ,forest ,heritage ,area1 ,inc41 shall be-- 7i7 the local coordinating entity for the national heritage area designated by subparagraph 7,a7 7referred to in this subparagraph as the local coordinating entity72 and 7ii7 governed by a board of directors that shall-- 7,i7 include members to represent a geographic balance across the counties described in subparagraph 7,a7 and the ,states of ,west ,virginia and ,maryland2 7,,ii7 be composed of not fewer than #g1 and not more than #ae1 members elected by the membership of the local coordinating entity2 7,,iii7 be selected to represent a balanced group of diverse interests1 including-- 7aa7 the forest industry2 7bb7 environmental interests2 7cc7 cultural heritage interests2 7dd7 tourism interests2 and 7ee7 regional agency partners2 7,,iv7 exercise all corporate powers of the local coordinating entity2 7,v7 manage the activities and affairs of the local coordinating entity2 and 7,,vi7 subject to any limitations in the articles and bylaws of the local coordinating entity1 this section1 and other applicable ,federal or ,state law1 establish the policies of the local coordinating entity4 7#b7 ,maritime ,washington ,national ,heritage ,area1 ,washington 7,a7 ,in general ,there is established the ,maritime ,washington ,national ,heritage ,area in the ,state of ,washington1 to include land in ,whatcom1 ,skagit1 ,snohomish1 ,san ,juan1 ,island1 ,king1 ,pierce1 ,thurston1 ,mason1 ,kitsap1 ,jefferson1 ,clallam1 ,grays ,harbor ,counties in the ,state that is at least partially located within the area that is #a_/d-mile landward of the shoreline1 as generally depicted on the map entitled ,maritime ,washington ,national ,heritage ,area ,proposed ,boundary1 numbered #ehd_/abe1dhd1 and dated ,august1 #bjad4 7,b7 ,local coordinating entity ,the ,washington ,trust for ,historic ,preservation shall be the local coordinating entity for the national heritage area designated by subparagraph 7,a74 7#c7 ,mountains to ,sound ,greenway ,national ,heritage ,area1 ,washington 7,a7 ,in general ,there is established the ,mountains to ,sound ,greenway ,national ,heritage ,area in the ,state of ,washington1 to consist of land in ,king and ,kittitas ,counties in the ,state1 as generally depicted on the map entitled ,mountains to ,sound ,greenway ,national ,heritage ,area ,proposed ,boundary1 numbered #ehd_/abe1dhc1 and dated ,august1 #bjad4 7,b7 ,local coordinating entity ,the ,mountains to ,sound ,greenway ,trust shall be the local coordinating entity for the national heritage area designated by subparagraph 7,a74 7,c7 ,references to indian tribe2 tribal ,any reference in this section to the terms ,indian tribe or tribal shall be considered1 for purposes of the national heritage area designated by subparagraph 7,a71 to refer to each of the tribal governments of the ,snoqualmie1 ,yakama1 ,tulalip1 ,muckleshoot1 and ,colville ,indian tribes4 7,d7 ,management requirements ,with respect to the national heritage area designated by subparagraph 7,a73 7i7 ,the preparation of an interpretive plan under subsection 7c77#b77;,c77vii7 shall also include plans for tribal heritage4 7ii7 ,the ,secretary shall ensure that the management plan developed under subsection 7c7 is consistent with the trust responsibilities of the ,secretary to ,indian tribes and tribal treaty rights within the national heritage area4 7iii7 ,the interpretive plan and management plan for the national heritage area shall be developed in consultation with the ,indian tribes referenced in subparagraph 7,c74 7iv7 ,nothing in this section shall grant or diminish any hunting1 fishing1 or gathering treaty right of any ,indian tribe4 7v7 ,nothing in this section affects the authority of a ,state or an ,indian tribe to manage fish and wildlife1 including the regulation of hunting and fishing within the national heritage area4 7#d7 ,sacramento-,san ,joaquin ,delta ,national ,heritage ,area1 ,california 7,a7 ,in general ,there is established the ,sacramento-,san ,joaquin ,delta ,national ,heritage ,area in the ,state of ,california1 to consist of land in ,contra ,costa1 ,sacramento1 ,san ,joaquin1 ,solano1 and ,yolo ,counties in the ,state1 as generally depicted on the map entitled ,sacramento-,san ,joaquin ,delta ,national ,heritage ,area ,proposed ,boundary1 numbered ,t#bg_/aje1jcj1 and dated ,october #bjab4 7,b7 ,local coordinating entity ,the ,delta ,protection ,commission established by section #bigce of the ,california ,public ,resources ,code shall be the local coordinating entity for the national heritage area designated by subparagraph 7,a74 7#e7 ,susquehanna ,national ,heritage ,area1 ,pennsylvania 7,a7 ,in general ,there is established the ,susquehanna ,national ,heritage ,area in ,lancaster and ,york ,counties1 ,pennsylvania4 7,b7 ,local coordinating entity ,the ,susquehanna ,heritage ,corporation1 a nonprofit organization established under the laws of the ,state of ,pennsylvania1 shall be the local coordinating entity for the national heritage area designated by subparagraph 7,a74 7b7 ,administration 7#a7 ,authorities ,for purposes of carrying out the management plan for each of the national heritage areas designated by subsection 7a71 the ,secretary1 acting through the local coordinating entity1 may use amounts made available under subsection 7g7-- 7,a7 to make grants to the ,state or a political subdivision of the ,state1 ,indian tribes1 nonprofit organizations1 and other persons2 7,b7 to enter into cooperative agreements with1 or provide technical assistance to1 the ,state or a political subdivision of the ,state1 ,indian tribes1 nonprofit organizations1 and other interested parties2 7,c7 to hire and compensate staff1 which shall include individuals with expertise in natural1 cultural1 and historical resources protection1 and heritage programming2 7,d7 to obtain money or services from any source including any money or services that are provided under any other ,federal law or program2 7,e7 to contract for goods or services2 and 7,f7 to undertake to be a catalyst for any other activity that furthers the national heritage area and is consistent with the approved management plan4 7#b7 ,duties ,the local coordinating entity for each of the national heritage areas designated by subsection 7a7 shall-- 7,a7 in accordance with subsection 7c71 prepare and submit a management plan for the national heritage area to the ,secretary2 7,b7 assist ,federal agencies1 the ,state or a political subdivision of the ,state1 ,indian tribes1 regional planning organizations1 nonprofit organizations and other interested parties in carrying out the approved management plan by-- 7i7 carrying out programs and projects that recognize1 protect1 and enhance important resource values in the national heritage area2 7ii7 establishing and maintaining interpretive exhibits and programs in the national heritage area2 7iii7 developing recreational and educational opportunities in the national heritage area2 7iv7 increasing public awareness of1 and appreciation for1 natural1 historical1 scenic1 and cultural resources of the national heritage area2 7v7 protecting and restoring historic sites and buildings in the national heritage area that are consistent with national heritage area themes2 7vi7 ensuring that clear1 consistent1 and appropriate signs identifying points of public access and sites of interest are posted throughout the national heritage area2 and 7vii7 promoting a wide range of partnerships among the ,federal ,government1 ,state1 tribal1 and local governments1 organizations1 and individuals to further the national heritage area2 7,c7 consider the interests of diverse units of government1 businesses1 organizations1 and individuals in the national heritage area in the preparation and implementation of the management plan2 7,d7 conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan2 7,e7 for any year that ,federal funds have been received under this subsection-- 7i7 submit to the ,secretary an annual report that describes the activities1 expenses1 and income of the local coordinating entity 7including grants to any other entities during the year that the report is made72 7ii7 make available to the ,secretary for audit all records relating to the expenditure of the funds and any matching funds2 and 7iii7 require1 with respect to all agreements authorizing expenditure of ,federal funds by other organizations1 that the organizations receiving the funds make available to the ,secretary for audit all records concerning the expenditure of the funds2 and 7,f7 encourage by appropriate means economic viability that is consistent with the national heritage area4 7#c7 ,prohibition on the acquisition of real property ,the local coordinating entity shall not use ,federal funds made available under subsection 7g7 to acquire real property or any interest in real property4 7c7 ,management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the local coordinating entity for each of the national heritage areas designated by subsection 7a7 shall submit to the ,secretary for approval a proposed management plan for the national heritage area4 7#b7 ,requirements ,the management plan shall-- 7,a7 incorporate an integrated and cooperative approach for the protection1 enhancement1 and interpretation of the natural1 cultural1 historic1 scenic1 and recreational resources of the national heritage area2 7,b7 take into consideration ,federal1 ,state1 local1 and tribal plans and treaty rights2 7,c7 include-- 7i7 an inventory of-- 7,i7 the resources located in the national heritage area2 and 7,,ii7 any other property in the national heritage area that-- 7aa7 is related to the themes of the national heritage area2 and 7bb7 should be preserved1 restored1 managed1 or maintained because of the significance of the property2 7ii7 comprehensive policies1 strategies and recommendations for conservation1 funding1 management1 and development of the national heritage area2 7iii7 a description of actions that the ,federal ,government1 ,state1 tribal1 and local governments1 private organizations1 and individuals have agreed to take to protect the natural1 historical1 cultural1 scenic1 and recreational resources of the national heritage area2 7iv7 a program of implementation for the management plan by the local coordinating entity that includes a description of-- 7,i7 actions to facilitate ongoing collaboration among partners to promote plans for resource protection1 restoration1 and construction2 and 7,,ii7 specific commitments for implementation that have been made by the local coordinating entity or any government1 organization1 or individual for the first #e years of operation2 7v7 the identification of sources of funding for carrying out the management plan2 7vi7 analysis and recommendations for means by which ,federal1 ,state1 local1 and tribal programs1 including the role of the ,national ,park ,service in the national heritage area1 may best be coordinated to carry out this subsection2 and 7vii7 an interpretive plan for the national heritage area2 and 7,d7 recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques1 including the development of intergovernmental and interagency cooperative agreements to protect the natural1 historical1 cultural1 educational1 scenic1 and recreational resources of the national heritage area4 7#c7 ,deadline ,if a proposed management plan is not submitted to the ,secretary by the date that is #c years after the date of enactment of this ,act1 the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the ,secretary receives and approves the management plan4 7#d7 ,approval or disapproval of management plan 7,a7 ,in general ,not later than #ahj days after the date of receipt of the management plan under paragraph 7#a71 the ,secretary1 in consultation with ,state and tribal governments1 shall approve or disapprove the management plan4 7,b7 ,criteria for approval ,in determining whether to approve the management plan1 the ,secretary shall consider whether-- 7i7 the local coordinating entity is representative of the diverse interests of the national heritage area1 including ,federal1 ,state1 tribal1 and local governments1 natural and historic resource protection organizations1 educational institutions1 businesses1 and recreational organizations2 7ii7 the local coordinating entity has afforded adequate opportunity1 including public hearings1 for public and governmental involvement in the preparation of the management plan2 and 7iii7 the resource protection and interpretation strategies contained in the management plan1 if implemented1 would adequately protect the natural1 historical1 and cultural resources of the national heritage area4 7,c7 ,action following disapproval ,if the ,secretary disapproves the management plan under subparagraph 7,a71 the ,secretary shall-- 7i7 advise the local coordinating entity in writing of the reasons for the disapproval2 7ii7 make recommendations for revisions to the management plan2 and 7iii7 not later than #ahj days after the receipt of any proposed revision of the management plan from the local coordinating entity1 approve or disapprove the proposed revision4 7,d7 ,amendments 7i7 ,in general ,the ,secretary shall approve or disapprove each amendment to the management plan that the ,secretary determines make a substantial change to the management plan4 7ii7 ,use of funds ,the local coordinating entity shall not use ,federal funds authorized by this subsection to carry out any amendments to the management plan until the ,secretary has approved the amendments4 7d7 ,relationship to other federal agencies 7#a7 ,in general ,nothing in this section affects the authority of a ,federal agency to provide technical or financial assistance under any other law4 7#b7 ,consultation and coordination ,the head of any ,federal agency planning to conduct activities that may have an impact on a national heritage area designated by subsection 7a7 is encouraged to consult and coordinate the activities with the ,secretary and the local coordinating entity to the maximum extent practicable4 7#c7 ,other federal agencies ,nothing in this section-- 7,a7 modifies1 alters1 or amends any law or regulation authorizing a ,federal agency to manage ,federal land under the jurisdiction of the ,federal agency2 7,b7 limits the discretion of a ,federal land manager to implement an approved land use plan within the boundaries of a national heritage area designated by subsection 7a72 or 7,c7 modifies1 alters1 or amends any authorized use of ,federal land under the jurisdiction of a ,federal agency4 7e7 ,private property and regulatory protections ,nothing in this section-- 7#a7 abridges the rights of any property owner 7whether public or private71 including the right to refrain from participating in any plan1 project1 program1 or activity conducted within a national heritage area designated by subsection 7a72 7#b7 requires any property owner-- 7,a7 to permit public access 7including access by ,federal1 ,state1 or local agencies7 to the property of the property owner2 or 7,b7 to modify public access or use of property of the property owner under any other ,federal1 ,state1 or local law2 7#c7 alters any duly adopted land use regulation1 approved land use plan1 or other regulatory authority of any ,federal1 ,state1 tribal1 or local agency1 7#d7 conveys any land use or other regulatory authority to the local coordinating entity2 7#e7 authorizes or implies the reservation or appropriation of water or water rights2 7#f7 enlarges or diminishes the treaty rights of any ,indian tribe within the national heritage area2 7#g7 diminishes-- 7,a7 the authority of the ,state to manage fish and wildlife1 including the regulation of fishing and hunting within a national heritage area designated by subsection 7a72 or 7,b7 the authority of ,indian tribes to regulate members of ,indian tribes with respect to fishing1 hunting1 and gathering in the exercise of treaty rights2 or 7#h7 creates any liability1 or affects any liability under any other law1 of any private property owner with respect to any person injured on the private property4 7f7 ,evaluation and report 7#a7 ,in general ,for each of the national heritage areas designated by subsection 7a71 not later than #c years before the date on which authority for ,federal funding terminates for each national heritage area1 the ,secretary shall-- 7,a7 conduct an evaluation of the accomplishments of the national heritage area2 and 7,b7 prepare a report in accordance with paragraph 7#c74 7#b7 ,evaluation ,an evaluation conducted under paragraph 7#a77;,a7 shall-- 7,a7 assess the progress of the local management entity with respect to-- 7i7 accomplishing the purposes of the authorizing legislation for the national heritage area2 and 7ii7 achieving the goals and objectives of the approved management plan for the national heritage area2 7,b7 analyze the investments of the ,federal ,government1 ,state1 tribal1 and local governments1 and private entities in each national heritage area to determine the impact of the investments2 and 7,c7 review the management structure1 partnership relationships1 and funding of the national heritage area for purposes of identifying the critical components for sustainability of the national heritage area4 7#c7 ,report ,based on the evaluation conducted under paragraph 7#a77;,a71 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 that includes recommendations for the future role of the ,national ,park ,service1 if any1 with respect to the national heritage area4 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated for each national heritage area designated by subsection 7a7 to carry out the purposes of this section #aj1jjj1jjj1 of which not more than #a1jjj1jjj may be made available in any fiscal year4 7#b7 ,availability ,amounts made available under paragraph 7#a7 shall remain available until expended4 7#c7 ,cost-sharing requirement 7,a7 ,in general ,the ,federal share of the total cost of any activity under this section shall be not more than #ej percent4 7,b7 ,form ,the non-,federal contribution of the total cost of any activity under this section may be in the form of in-kind contributions of goods or services fairly valued4 7#d7 ,termination of authority ,the authority of the ,secretary to provide assistance under this section terminates on the date that is #ae years after the date of enactment of this ,act4 #gabh4 ,adjustment of boundaries of ,lincoln ,national ,heritage ,area 7a7 ,boundary adjustment ,section #ddc7;b77#a7 of the ,consolidated ,natural ,resources ,act of #bjjh 7,public ,law #aaj-bbi2 #abb ,stat4 #hai7 is amended-- 7#a7 by inserting 1 ,livingston1 after ,la,salle2 and 7#b7 by inserting 1 the city of ,jonesboro in ,union ,county1 and the city of ,freeport in ,stephenson ,county after ,woodford counties4 7b7 ,map ,the ,secretary shall update the map referred to in section #ddc7;b77#b7 of the ,consolidated ,natural ,resources ,act of #bjjh to reflect the boundary adjustment made by the amendments in subsection 7a7 of this section4 #gabi4 ,finger lakes national heritage area study 7a7 ,definitions ,in this section3 7#a7 ,heritage ,area ,the term ,heritage ,area means the ,finger ,lakes ,national ,heritage ,area4 7#b7 ,state ,the term ,state means the ,state of ,new ,york4 7#c7 ,study area ,the term study area means-- 7,a7 the counties in the ,state of ,cayuga1 ,chemung1 ,cortland1 ,livingston1 ,monroe1 ,onondaga1 ,ontario1 ,schuyler1 ,seneca1 ,steuben1 ,tioga1 ,tompkins1 ,wayne1 and ,yates2 and 7,b7 any other areas in the ,state that-- 7i7 have heritage aspects that are similar to the areas described in subparagraph 7,a72 and 7ii7 are adjacent to1 or in the vicinity of1 those areas4 7b7 ,study 7#a7 ,in general ,the ,secretary1 in consultation with ,state and local historic preservation officers1 ,state and local historical societies1 ,state and local tourism offices1 and other appropriate organizations and governmental agencies1 shall conduct a study to assess the suitability and feasibility of designating the study area as a ,national ,heritage ,area1 to be known as the ,finger ,lakes ,national ,heritage ,area4 7#b7 ,requirements ,the study shall include analysis1 documentation1 and determinations on whether the study area-- 7,a7 has an assemblage of natural1 historic1 and cultural resources that-- 7i7 represent distinctive aspects of the heritage of the ,united ,states2 7ii7 are worthy of recognition1 conservation1 interpretation1 and continuing use2 and 7iii7 would be best managed-- 7,i7 through partnerships among public and private entities2 and 7,,ii7 by linking diverse and sometimes noncontiguous resources and active communities2 7,b7 reflects traditions1 customs1 beliefs1 and folklife that are a valuable part of the story of the ,united ,states2 7,c7 provides outstanding opportunities-- 7i7 to conserve natural1 historic1 cultural1 or scenic features2 and 7ii7 for recreation and education2 7,d7 contains resources that-- 7i7 are important to any identified themes of the study area2 and 7ii7 retain a degree of integrity capable of supporting interpretation2 7,e7 includes residents1 business interests1 nonprofit organizations1 and ,state and local governments that-- 7i7 are involved in the planning of the ,heritage ,area2 7ii7 have developed a conceptual financial plan that outlines the roles of all participants in the ,heritage ,area1 including the ,federal ,government2 and 7iii7 have demonstrated support for the designation of the ,heritage ,area2 7,f7 has a potential management entity to work in partnership with the individuals and entities described in subparagraph 7,e7 to develop the ,heritage ,area while encouraging ,state and local economic activity2 and 7,g7 has a conceptual boundary map that is supported by the public4 7c7 ,report ,not later than #c years after the date on which funds are first made available to carry out this section1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes-- 7#a7 the findings of the study under subsection 7b72 and 7#b7 any conclusions and recommendations of the ,secretary4 #gacj4 ,modification of the ,second ,division ,memorial 7a7 ,authorization ,the ,second ,indianhead ,division ,association1 ,inc41 ,scholarship and ,memorials ,foundation1 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 ,code1 may place additional commemorative elements or engravings on the raised platform or stone work of the existing ,second ,division ,memorial located in ,president's ,park1 between #agth ,street ,northwest and ,constitution ,avenue in the ,district of ,columbia1 to further honor the members of the ,second ,infantry ,division who have given their lives in service to the ,united ,states4 7b7 ,application of ,commemorative ,works ,act ,chapter #hi of title #dj1 ,united ,states ,code 7commonly known as the ,commemorative ,works ,act71 shall apply to the design and placement of the commemorative elements or engravings authorized under subsection 7a74 7c7 ,funding ,federal funds may not be used for modifications of the ,second ,division ,memorial authorized under subsection 7a74 #gaca4 ,florissant ,fossil ,beds ,national ,monument boundary adjustment ,the first section of ,public ,law #ia-fj 7#hc ,stat4 #aja7 is amended-- 7#a7 by striking entitled ,proposed ,florissant ,fossil ,beds ,national ,monument1 numbered ,,nm-,,ffb-#gajj1 and dated ,march #aifg1 and more particularly described by metes and bounds in an attachment to that map1 and inserting entitled ,florissant ,fossil ,beds ,national ,monument ,proposed ,boundary ,adjustment1 numbered #aga_/acb1edd1 and dated ,may #c1 #bjaf12 and 7#b7 by striking six thousand acres and inserting #f1cjj acres4 #gacb4 ,fort ,scott ,national ,historic ,site boundary modification 7a7 ,in general ,public ,law #ie-dhd 7#ib ,stat4 #afaj7 is amended-- 7#a7 in the first section-- 7,a7 by inserting 1 by purchase with appropriated funds1 or by exchange after donation2 and 7,b7 by striking the colon and all that follows through as ,lunette ,blair2 and 7#b7 in section #b-- 7,a7 by striking ,sec4 #b4 ,when and inserting the following3 #b4 ,establishment 7a7 ,in general ,when 2 and 7,b7 by adding at the end the following3 7b7 ,boundary modification ,the boundary of the ,fort ,scott ,national ,historic ,site established under subsection 7a7 is modified as generally depicted on the map referred to as ,fort ,scott ,national ,historic ,site ,proposed ,boundary ,modification1 numbered #dga_/hj1jeg1 and dated ,february #bjaf4 4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the amendments made by subsection 7a74 #gacc4 ,gulf ,islands ,national ,seashore land exchange 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means the parcel of approximately #a4edb acres of land that is located within the ,gulf ,islands ,national ,seashore in ,jackson ,county1 ,mississippi1 and identified as ,,nps ,exchange ,area on the ,map4 7#b7 ,map ,the term ,map means the map entitled #8#8,gulf ,islands ,national ,seashore1 ,proposed ,land ,exchange with ,,vfw1 ,davis ,bayou ,area--,jackson ,county1 ,,ms''1 numbered #fce_/acccji1 and dated ,june #bjaf4 7#c7 ,non-,federal land ,the term non-,federal land means the parcel of approximately #b4afa acres of land that is located in ,jackson ,county1 ,mississippi1 and identified as ,,vfw ,exchange ,area on the ,map4 7#d7 ,post ,the term ,post means the ,veterans of ,foreign ,wars ,post #efii4 7#e7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,director of the ,national ,park ,service4 7b7 ,authorization ,the ,secretary may convey to the ,post all right1 title1 and interest of the ,united ,states in and to the ,federal land in exchange for the conveyance by the ,post to the ,secretary of all right1 title1 and interest of the ,post in and to the non-,federal land4 7c7 ,equal value exchange 7#a7 ,in general ,the values of the ,federal land and non-,federal land to be exchanged under this section shall be equal1 as determined by an appraisal conducted-- 7,a7 by a qualified and independent appraiser2 and 7,b7 in accordance with nationally recognized appraisal standards4 7#b7 ,equalization ,if the values of the ,federal land and non-,federal land to be exchanged under this section are not equal1 the values shall be equalized through-- 7,a7 a cash payment2 or 7,b7 adjustments to the acreage of the ,federal land or non-,federal land to be exchanged1 as applicable4 7d7 ,payment of costs of conveyance 7#a7 ,payment required ,as a condition of the exchange authorized under this section1 the ,secretary shall require the ,post to pay the costs to be incurred by the ,secretary1 or to reimburse the ,secretary for the costs incurred by the ,secretary1 to carry out the exchange1 including-- 7,a7 survey costs2 7,b7 any costs relating to environmental documentation2 and 7,c7 any other administrative costs relating to the land exchange4 7#b7 ,refund ,if the ,secretary collects amounts from the ,post under paragraph 7#a7 before the ,secretary incurs the actual costs and the amount collected by the ,secretary exceeds the costs actually incurred by the ,secretary to carry out the land exchange under this section1 the ,secretary shall provide to the ,post a refund of the excess amount paid by the ,post4 7#c7 ,treatment of certain amounts received ,amounts received by the ,secretary from the ,post as reimbursement for costs incurred under paragraph 7#a7 shall be-- 7,a7 credited to the fund or account from which amounts were used to pay the costs incurred by the ,secretary in carrying out the land exchange2 7,b7 merged with amounts in the fund or account to which the amounts were credited under subparagraph 7,a72 and 7,c7 available for the same purposes as1 and subject to the same conditions and limitations applicable to1 amounts in the fund or account to which the amounts were credited under subparagraph 7,a74 7e7 ,description of ,federal land and non-,federal land ,the exact acreage and legal description of the ,federal land and non-,federal land to be exchanged under this section shall be determined by surveys that are determined to be satisfactory by the ,secretary and the ,post4 7f7 ,conveyance agreement ,the exchange of ,federal land and non-,federal land under this section shall be-- 7#a7 carried out through a quitclaim deed or other legal instrument2 and 7#b7 subject to such terms and conditions as are mutually satisfactory to the ,secretary and the ,post1 including such additional terms and conditions as the ,secretary considers to be appropriate to protect the interests of the ,united ,states4 7g7 ,valid existing rights ,the exchange of ,federal land and non-,federal land authorized under this section shall be subject to valid existing rights4 7h7 ,title approval ,title to the ,federal land and non-,federal land to be exchanged under this section shall be in a form acceptable to the ,secretary4 7i7 ,treatment of acquired land ,any non-,federal land and interests in non-,federal land acquired by the ,united ,states under this section shall be administered by the ,secretary as part of the ,gulf ,islands ,national ,seashore4 7j7 ,modification of boundary ,on completion of the exchange of ,federal land and non-,federal land under this section1 the ,secretary shall modify the boundary of the ,gulf ,islands ,national ,seashore to reflect the exchange of ,federal land and non-,federal land4 #gacd4 ,ste4 ,genevieve ,national ,historical ,park 7a7 ,definitions ,in this section3 7#a7 ,historic district ,the term ,historic ,district means the ,ste4 ,genevieve ,historic ,district ,national ,historic ,landmark1 as generally depicted on the ,map4 7#b7 ,historical ,park ,the term ,historical ,park means the ,ste4 ,genevieve ,national ,historical ,park established by subsection 7b74 7#c7 ,map ,the term ,map means the map entitled ,ste4 ,genevieve ,national ,historical ,park ,proposed ,boundary1 numbered #ega_/acb1fbf1 and dated ,may #bjaf4 7#d7 ,special resource study ,the term special resource study means the study entitled ,ste4 ,genevieve ,final ,special ,resources ,study and ,environmental ,assessment1 ,missouri and dated ,may #bjaf4 7#e7 ,state ,the term ,state means the ,state of ,missouri4 7b7 ,establishment 7#a7 ,in general ,subject to paragraph 7#b71 there is established the ,ste4 ,genevieve ,national ,historical ,park in the ,state as a unit of the ,national ,park ,system to preserve1 protect1 and interpret for the benefit of present and future generations the themes of ,french settlement1 vernacular architecture1 and community form and farming on the frontier associated with ,ste4 ,genevieve4 7#b7 ,conditions for establishment ,the ,historical ,park shall not be established until the date on which the ,secretary determines that-- 7,a7 sufficient land has been acquired for the ,historical ,park to constitute a manageable unit2 and 7,b7 the ,secretary has entered into a written agreement providing that land owned by the ,state1 the ,city of ,ste4 ,genevieve1 or other entity within the ,historic ,district shall be managed consistent with the purposes of this section4 7c7 ,boundaries ,the boundaries of the ,historical ,park shall be the boundaries generally depicted on the ,map4 7d7 ,availability of map ,the ,map shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service4 7e7 ,acquisition authority 7#a7 ,in general ,the ,secretary may acquire any land or interest in land located within the boundary of the ,historical ,park or any nationally significant property identified in the special resource study within the ,historic ,district by-- 7,a7 donation2 7,b7 purchase with donated or appropriated funds2 or 7,c7 exchange4 7#b7 ,boundary revision ,on the acquisition of any property within the ,historic ,district under paragraph 7#a71 the ,secretary shall revise the boundary of the ,historical ,park to include the property4 7f7 ,administration 7#a7 ,in general ,the ,secretary shall administer the ,historical ,park in accordance with-- 7,a7 this section2 and 7,b7 the laws generally applicable to units of the ,national ,park ,system1 including-- 7i7 section #ajjaja7;a71 chapter #ajjc1 and sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja of title #ed1 ,united ,states ,code2 and 7ii7 chapter #cbja of title #ed1 ,united ,states ,code4 7#b7 ,management plan 7,a7 ,in general ,not later than #c years after the date on which funds are made available to prepare a general management plan for the ,historical ,park1 the ,secretary shall prepare the general management plan in accordance with section #ajjejb of title #ed1 ,united ,states ,code4 7,b7 ,submission to ,congress ,on completion of the general management plan under subparagraph 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 the general management plan4 7#c7 ,related sites ,the ,secretary may provide interpretative tours and educational programs at related historic and cultural sites within the ,historic ,district associated with the purposes for which the ,historical ,park is established4 7g7 ,cooperative agreements 7#a7 ,in general ,the ,secretary may provide technical assistance and enter into cooperative agreements with the owner of a nationally significant property within the ,historical ,park or the ,historic ,district1 to identify1 mark1 interpret1 improve1 and restore the property4 7#b7 ,right of access ,a cooperative agreement entered into under paragraph 7#a7 shall provide that the ,secretary1 acting through the ,director of the ,national ,park ,service1 shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- 7,a7 conducting visitors through the property2 and 7,b7 interpreting the property for the public4 7#c7 ,cost-sharing requirement 7,a7 ,federal share ,the ,federal share of the total cost of any activity carried out under a cooperative agreement entered into under this subsection shall be not more than #ej percent4 7,b7 ,form of non-federal share ,the non-,federal share of an activity carried out under a cooperative agreement entered into under this subsection may be in the form of donated property1 goods1 or services fairly valued4 7#d7 ,changes or alterations ,no changes or alterations shall be made to any property or project covered by a cooperative agreement entered into under paragraph 7#a7 unless the ,secretary and the other party to the agreement agree to the changes or alterations4 7#e7 ,conversion1 use1 or disposal ,any payment by the ,secretary under this subsection shall be subject to an agreement that the conversion1 use1 or disposal of a property or project for purposes contrary to the purposes of this section1 as determined by the ,secretary1 shall entitle the ,united ,states to reimbursement in any amount equal to the greater of-- 7,a7 the amounts made available to the property or project by the ,united ,states2 or 7,b7 the portion of the increased value of the property or project attributable to the amounts made available under this subsection1 as determined at the time of the conversion1 use1 or disposal4 7h7 ,limited role of the ,secretary ,nothing in this section authorizes the ,secretary to assume overall financial responsibility for the operation1 maintenance1 or management of the ,historic ,district4 #gace4 ,bows in parks 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #eaja7;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 #eaja7;b771 is amended by inserting after the item relating to section #ajdijh the following3 #ajdiji4 ,bows in parks4 4 #gacf4 ,wildlife management in parks 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code 7as amended by section #gace7;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 7c7 ,donations ,the ,secretary may authorize the donation and distribution of meat from wildlife management activities carried out under this section1 including the donation and distribution to ,indian tribes1 qualified volunteers1 food banks1 and other organizations that work to address hunger1 in accordance with applicable health guidelines and such terms and conditions as the ,secretary may require4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajdi of title #ed 7as amended by section #gace7;b771 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdiji the following3 #ajdiaj4 ,wildlife management in parks4 4 ,,viii ,sportsmen's access and related matters ,a ,national policy #hjja4 ,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 title1 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 ,b ,sportsmen's access to ,federal land #haja4 ,definitions ,in this subtitle3 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 ,secretary1 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 ,secretary1 with respect to land described in paragraph 7#a77;,b74 #hajb4 ,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 #hajc4 7b7 ,effect of part ,nothing in this subtitle 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 #hajc4 ,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 #hajd4 ,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 #haje4 ,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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag1 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 and ,natural ,resources ,act of #bjag1 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 #hajf4 ,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 ,secretary1 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 #a year after the date of enactment of this ,act1 and biennially thereafter during the #aj-year period beginning on the date on which the first priority list is completed1 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 #hajg4 ,firearms at water resource development projects ,the ,secretary of the ,army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm1 including an assembled or functional firearm1 in any area open to the public 7other than a ,federal facility as defined in section #icj7;g7 or title #ah1 ,united ,states ,code7 at a water resources development project covered under section #cbg4j of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 if-- 7#a7 the individual is not otherwise prohibited from possessing the firearm2 and 7#b7 the possession of the firearm is in compliance with the law of the ,state in which the water resources development project is located4 ,c ,federal ,land ,transaction ,facilitation ,act #hbja4 ,amendments to the ,federal ,land ,transaction ,facilitation ,act 7a7 ,in general ,the ,federal ,land ,transaction ,facilitation ,act 7#dc ,u4,s4,c4 #bcja et seq47 is amended-- 7#a7 in section #bjc7b7 7#dc ,u4,s4,c4 #bcjb7b771 in the matter preceding subparagraph 7,a71 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 or at the end2 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,public ,law #aaa-aa2 #abc ,stat4 #ajcb72 7#f7 subtitle ,o of title ,i of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #ajge72 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 ,transfer of funds to treasury ,of the amounts deposited in the ,federal ,land ,disposal ,account established by section #bjf of the ,federal ,land ,transaction ,facilitation ,act 7#dc ,u4,s4,c4 #bcje71 there shall be transferred to the general fund of the ,treasury #a1jjj1jjj for each of fiscal years #bjah through #bjbg4 ,d ,filming on ,federal ,land ,management ,agency land #hcja4 ,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 sentence-- 7,i7 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 7,,ii7 by striking or similar projects2 7ii7 in subparagraph 7,a71 by striking or similar project2 and 7iii7 in subparagraph 7,b71 by inserting 1 except in the case of film crews of three 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 and ,natural ,resources ,act of #bjag1 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 ,e ,wildlife and habitat conservation #hdja4 ,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 ,secretary and the ,secretary of ,agriculture 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 #hdjb4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq47 is amended by adding at the end the following3 #aj4 ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7a7 ,establishment ,there is established the ,wildlife and ,hunting ,heritage ,conservation ,council ,advisory ,committee 7referred to in this section as the ,advisory ,committee7 to advise the ,secretary of the ,interior and the ,secretary of ,agriculture 7referred to in this section as the ,secretaries7 on wildlife and habitat conservation1 hunting1 and recreational shooting4 7b7 ,duties of the advisory committee ,the ,advisory ,committee shall advise the ,secretaries regarding-- 7#a7 implementation of the ,recreational ,hunting and ,wildlife ,resource ,conservation ,plan--,a ,ten-,year ,plan for ,implementation and any successor plans1 in accordance with ,executive ,order #acddc 7#af ,u4,s4,c4 #ffa note2 relating to facilitation of hunting heritage and wildlife conservation72 7#b7 increasing public awareness of1 and support for1 the ,wildlife ,restoration ,program2 7#c7 fostering wildlife and habitat conservation and ethics in hunting and shooting sports recreation2 7#d7 stimulating the participation of sportsmen and sportswomen in the conservation and management of wildlife and habitat resources through outreach and education2 7#e7 fostering communication and coordination among-- 7,a7 the ,federal ,government and ,state and tribal governments2 7,b7 industry2 7,c7 sportsmen and sportswomen who hunt and shoot2 7,d7 wildlife and habitat conservation and management organizations2 and 7,e7 the public2 7#f7 providing appropriate access to ,federal land for recreational shooting and hunting2 and 7#g7 recommendations to improve implementation of ,federal conservation programs that benefit wildlife1 hunting1 and outdoor recreation on private land4 7c7 ,membership 7#a7 ,appointment 7,a7 ,in general ,the ,advisory ,committee shall consist of not more than #af discretionary members and #g ex officio members4 7,b7 ,ex officio members ,the ex officio members are-- 7i7 the ,director of the ,united ,states ,fish and ,wildlife ,service or a designated representative of the ,director2 7ii7 the ,director of the ,bureau of ,land ,management or a designated representative of the ,director2 7iii7 the ,director of the ,national ,park ,service or a designated representative of the ,director2 7iv7 the ,chief of the ,forest ,service or a designated representative of the ,chief2 7v7 the ,chief of the ,natural ,resources ,conservation ,service or a designated representative of the ,chief2 7vi7 the ,administrator of the ,farm ,service ,agency or a designated representative of the ,administrator2 and 7vii7 the ,executive ,director of the ,association of ,fish and ,wildlife ,agencies4 7,c7 ,discretionary members ,the discretionary members shall be appointed jointly by the ,secretaries from at least one of each of the following3 7i7 ,state fish and wildlife management agencies4 7ii7 ,wildlife and habitat conservation management organizations4 7iii7 ,game bird hunting organizations4 7iv7 ,waterfowl hunting organizations4 7v7 ,big game hunting organizations4 7vi7 ,the tourism1 outfitter1 or guiding industry relating to hunting1 fishing1 and shooting sports4 7vii7 ,the hunting or shooting equipment retail industry4 7viii7 ,tribal resource management organizations4 7ix7 ,hunting1 shooting1 and fishing sports outreach and education organizations4 7x7 ,women's hunting and fishing advocacy1 outreach1 or education organizations4 7xi7 ,minority hunting and fishing advocacy1 outreach1 or education organizations4 7xii7 ,veterans service organizations4 7#b7 ,terms 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,advisory ,committee shall be appointed for a term of #d years4 ,members shall not be appointed for more than #c consecutive or nonconsecutive terms4 7,b7 ,terms of initial appointees ,as designated by the ,secretaries at the time of appointment1 of the members first appointed-- 7i7 #f members shall be appointed for a term of #d years2 7ii7 #e members shall be appointed for a term of #c years2 and 7iii7 #e members shall be appointed for a term of #b years4 7#c7 ,preservation of public advisory status ,no individual may be appointed as a discretionary member of the ,advisory ,committee while serving as an officer or employee of the ,federal ,government4 7#d7 ,vacancy and removal 7,a7 ,in general ,any vacancy on the ,advisory ,committee shall be filled in the manner in which the original appointment was made4 7,b7 ,removal ,advisory ,committee members shall serve at the discretion of the ,secretaries and may be removed at any time for good cause4 7#e7 ,continuation of service ,each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed4 7#f7 ,chairperson ,the ,chairperson of the ,advisory ,committee shall be appointed for a #c-year term by the ,secretaries1 jointly1 from among the members of the ,advisory ,committee4 ,an individual may not be appointed as ,chairperson for more than #b consecutive or nonconsecutive terms4 7#g7 ,compensation ,members of the ,advisory ,committee shall serve without compensation4 7#h7 ,travel expenses ,members of the ,advisory ,committee 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 duties of the ,advisory ,committee4 7#i7 ,meetings 7,a7 ,in general ,the ,advisory ,committee shall meet at the call of the chairperson1 but not less frequently than twice annually4 7,b7 ,open meetings ,each meeting of the ,advisory ,committee shall be open to the public4 7,c7 ,prior notice of meetings ,timely notice of each meeting of the ,advisory ,committee shall be published in the ,federal ,register and be submitted to trade publications and publications of general circulation4 7,d7 ,subgroups ,the ,advisory ,committee may establish such workgroups or subgroups as the ,advisory ,committee deems necessary for the purpose of compiling information or conducting research4 7#aj7 ,quorum ,a majority of the members of the ,advisory ,committee shall constitute a quorum4 7d7 ,expenses1 administrative support1 technical services1 and advice ,the ,secretaries may provide for expenses1 administrative support1 technical services1 and advice to the ,advisory ,committee that the ,secretaries determine to be appropriate4 7e7 ,annual report 7#a7 ,required ,not later than ,september #cj of each year1 the ,advisory ,committee shall submit a report to the ,secretaries1 the ,committee on ,natural ,resources and the ,committee on ,agriculture of the ,house of ,representatives1 and the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7#b7 ,contents ,the report required under paragraph 7#a7 shall describe-- 7,a7 the activities of the ,advisory ,committee during the preceding year2 7,b7 the reports and recommendations made by the ,advisory ,committee to the ,secretaries during the preceding year2 and 7,c7 an accounting of actions taken by the ,secretaries as a result of the recommendations4 7f7 ,federal ,advisory ,committee ,act ,the ,advisory ,committee shall be exempt from the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 4 #hdjc4 ,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 #eajd7;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 #bjah through #bjbc4 4 #hdjd4 ,fishing tackle ,during the period beginning on the date of enactment of this ,act and ending on ,september #cj1 #bjbh1 the ,administrator of the ,environmental ,protection ,agency shall not regulate the use of fishing tackle based on the lead content of the tackle under the ,toxic ,substances ,control ,act 7#ae4 ,u4,s4,c4 #bfja et seq474 ,f ,miscellaneous #heja4 ,respect for treaties and rights ,nothing in this title or the amendments made by this title-- 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 #hejb4 ,no priority ,nothing in this title or the amendments made by this title provides a preference to hunting1 fishing1 or recreational shooting over any other use of ,federal land or water4 #hejc4 ,state authority for fish and wildlife ,nothing in this title-- 7#a7 authorizes the ,secretary of ,agriculture or the ,secretary to require ,federal licenses or permits to hunt and fish on ,federal land2 or 7#b7 enlarges or diminishes the responsibility or authority of ,states with respect to fish and wildlife management4 ,,ix ,water ,infrastructure and ,related ,matters ,a ,fontenelle ,reservoir #ijja4 ,authority to make entire active capacity of ,fontenelle ,reservoir available for use 7a7 ,in general ,the ,secretary1 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 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 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 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 #ccrd paragraph under the heading reclamation service in 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 funds for any work carried out under subsection 7a74 7d7 ,other contracting authority 7#a7 ,in general ,the ,secretary may enter into contracts with the ,state of ,wyoming1 on such terms and conditions as the ,secretary 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 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 #ijjb4 ,savings provisions ,unless expressly provided in this subtitle1 nothing in this subtitle 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 #ca1 chapter #dh72 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 ,b ,bureau of ,reclamation ,transparency #iaja4 ,definitions ,in this subtitle3 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 ,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 #iajb4 ,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 #iajc7;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 #iajc4 ,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 #iajb7;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 #iajb7;b77#c74 7#b7 ,updates ,the ratings system developed under paragraph 7#a7 shall be included in the updated ,asset ,management ,reports under section #iajb7;c74 #iajd4 ,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 ,c ,yakima ,river ,basin ,water ,enhancement #ibja4 ,short title ,this subtitle may be cited as the ,yakima ,river ,basin ,water ,enhancement ,project ,phase ,,iii ,act of #bjag4 #ibjb4 ,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 #bjag and the amendments made by that subtitle1 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 #ibjc4 ,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 #ibjd4 ,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 #ibjb7;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 #ibje4 ,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 this section 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 ,d ,klamath ,project ,water and ,power #icja4 ,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 and ,natural ,resources ,act of #bjag1 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 from the ,bonneville ,power ,administration 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 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 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 7,b7 creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this ,act2 or 7,c7 authorizes the use of ,federal funds for the physical deconstruction of the ,iron ,gate1 ,copco #a1 ,copco #b1 and ,john ,c4 ,boyle dams located on the ,klamath ,river in ,california and ,oregon4 ,e ,equus ,beds ,division ,extension #idja4 ,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 ,x ,natural ,hazards ,a ,national volcano early warning and monitoring system #ajjja4 ,definitions ,in this subtitle3 7#a7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey4 7#b7 ,system ,the term ,system means the ,national ,volcano ,early ,warning and ,monitoring ,system established under section #ajjjb7;a77#a74 #ajjjb4 ,national volcano early warning and monitoring system 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish within the ,united ,states ,geological ,survey a system1 to be known as the ,national ,volcano ,early ,warning and ,monitoring ,system1 to monitor1 warn1 and protect citizens of the ,united ,states from undue and avoidable harm from volcanic activity4 7#b7 ,purposes ,the purposes of the ,system are-- 7,a7 to organize1 modernize1 standardize1 and stabilize the monitoring systems of the volcano observatories in the ,united ,states1 which includes the ,alaska ,volcano ,observatory1 ,california ,volcano ,observatory1 ,cascades ,volcano ,observatory1 ,hawaiian ,volcano ,observatory1 and ,yellowstone ,volcano ,observatory2 and 7,b7 to unify the monitoring systems of volcano observatories in the ,united ,states into a single interoperative system4 7#c7 ,objective ,the objective of the ,system is to monitor all the volcanoes in the ,united ,states at a level commensurate with the threat posed by the volcanoes by-- 7,a7 upgrading existing networks on monitored volcanoes2 7,b7 installing new networks on unmonitored volcanoes2 and 7,c7 employing geodetic and other components when applicable4 7b7 ,system components 7#a7 ,in general ,the ,system shall include-- 7,a7 a national volcano watch office that is operational #bd hours a day and #g days a week2 7,b7 a national volcano data center2 and 7,c7 an external grants program to support research in volcano monitoring science and technology4 7#b7 ,modernization activities ,modernization activities under the ,system shall include the comprehensive application of emerging technologies1 including digital broadband seismometers1 real-time continuous ,global ,positioning ,system receivers1 satellite and airborne radar interferometry1 acoustic pressure sensors1 and spectrometry to measure gas emissions4 7c7 ,management 7#a7 ,management plan 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a #e-year management plan for establishing and operating the ,system4 7,b7 ,inclusions ,the management plan submitted under subparagraph 7,a7 shall include-- 7i7 annual cost estimates for modernization activities and operation of the ,system2 7ii7 annual milestones1 standards1 and performance goals2 and 7iii7 recommendations for1 and progress towards1 establishing new1 or enhancing existing1 partnerships to leverage resources4 7#b7 ,advisory committee ,the ,secretary shall establish an advisory committee to assist the ,secretary in implementing the ,system1 to be comprised of representatives of relevant agencies and members of the scientific community1 to be appointed by the ,secretary4 7#c7 ,partnerships ,the ,secretary may enter into cooperative agreements with institutions of higher education and ,state agencies designating the institutions of higher education and ,state agencies as volcano observatory partners for the ,system4 7#d7 ,coordination ,the ,secretary shall coordinate the activities under this subtitle with the heads of relevant ,federal agencies1 including-- 7,a7 the ,secretary of ,transportation2 7,b7 the ,administrator of the ,federal ,aviation ,administration2 7,c7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 and 7,d7 the ,director of the ,federal ,emergency ,management ,administration4 7d7 ,annual report ,annually1 the ,secretary shall submit to ,congress a report that describes the activities carried out under this subtitle4 #ajjjc4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subtitle for each of fiscal years #bjag through #bjbg4 7b7 ,effect on other sources of ,federal funding ,amounts made available under this section shall supplement1 and not supplant1 ,federal funds made available for other ,united ,states ,geological ,survey hazards activities and programs4 ,b ,national landslide hazards reduction program #ajaja4 ,definitions ,in this subtitle3 7#a7 #c;,d ,the term #c;,d means #c-;dimensional4 7#b7 #c;,d elevation data 7,a7 ,in general ,the term #c;,d elevation data means #c;,d1 high-resolution data obtained using lidar1 ifsar1 or other methods over the ,united ,states 7including territories74 7,b7 ,inclusions ,the term #c;,d elevation data includes terrestrial and bathymetric elevation data4 7#c7 #c;,d elevation program ,the term #c;,d ,elevation ,program means the #c;,d ,elevation ,program established under section #ajajd7;a74 7#d7 ,ifsar ,the term ifsar means interferometric synthetic aperture radar4 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 #ecjd74 7#f7 ,lidar ,the term lidar means light detection and ranging4 7#g7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,director of the ,united ,states ,geological ,survey4 7#h7 ,state ,the term ,state means any unit of ,state government handling the identification1 mapping1 assessment1 and research of landslide hazards or responding to landslide events1 including-- 7,a7 a ,state geological survey office2 7,b7 a ,state department of emergency response2 and 7,c7 a ,state department of transportation4 #ajajb4 ,national landslide hazards reduction program 7a7 ,establishment ,the ,secretary shall establish a program1 to be known as the ,national ,landslide ,hazards ,reduction ,program 7referred to in this section as the program7-- 7#a7 to identify and understand landslide hazards and risks2 7#b7 to reduce losses from landslides2 7#c7 to protect communities at risk of landslide hazards2 and 7#d7 to help improve communication and emergency preparedness1 including by coordinating with communities and entities responsible for infrastructure that are at risk of landslide hazards4 7b7 ,description of program 7#a7 ,program activities ,the ,secretary1 in coordination with the ,interagency ,coordinating ,committee on ,landslide ,hazards established by subsection 7c77#a7 7referred to in this section as the ,committee7 and in coordination with existing activities of the ,united ,states ,geological ,survey and other ,federal agencies1 shall-- 7,a7 identify1 map1 assess1 and research landslide hazards2 7,b7 respond to landslide events2 and 7,c7 in coordination with ,states and ,indian tribes-- 7i7 establish working groups with ,states and ,indian tribes to identify regional and local priorities for researching1 identifying1 mapping1 and assessing landslide hazards2 and 7ii7 develop and implement landslide hazard guidelines for-- 7,i7 geologists2 7,,ii7 geological and geotechnical engineers2 and 7,,iii7 land use and other decisionmakers4 7#b7 ,national strategy ,not later than #ahj days after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary1 in coordination with the ,committee1 shall develop and publish a national strategy for landslide hazards and risk reduction in the ,united ,states1 which shall include-- 7,a7 goals and priorities for the program2 7,b7 priorities for data acquisition1 research1 communications1 and risk management on landslides and landslide hazards across relevant ,federal agencies2 and 7,c7 a detailed interagency plan to carry out the national strategy1 including details about the programs1 projects1 and budgets that will be used to implement the national strategy4 7#c7 ,national landslide hazards database ,in carrying out the program1 the ,secretary1 in coordination with ,states and ,indian tribes1 shall develop and maintain a publicly accessible national landslide hazard and risk inventory database to compile1 maintain1 standardize1 and evaluate data regarding-- 7,a7 landslide hazards and risks nationwide2 7,b7 the nationwide impact of landslides on-- 7i7 health and safety2 7ii7 the economy and infrastructure2 and 7iii7 the environment2 7,c7 landslide hazard stabilization2 and 7,d7 reduction of losses from landslides4 7#d7 ,landslide hazard and risk preparedness for communities ,in carrying out the program1 the ,secretary1 in coordination with the ,secretary of the ,army1 the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the ,secretary of ,transportation1 and the heads of other relevant ,federal agencies1 and in consultation with ,states and ,indian tribes1 shall develop and disseminate-- 7,a7 landslide planning and risk reduction guidance1 guidelines1 maps1 tools1 and training materials to help inform ,state1 local1 and tribal governments and decisionmakers with respect to-- 7i7 the use and implementation of landslide hazard assessments2 7ii7 the applied use of the database developed under paragraph 7#c72 7iii7 reducing losses from landslides2 and 7iv7 resources available for communities working to improve landslide hazard preparedness2 and 7,b7 landslide preparedness curricula and training modules for-- 7i7 ,state1 local1 and tribal officials2 7ii7 ,federal1 ,state1 local1 and tribal emergency managers2 and 7iii7 the ,national ,guard4 7#e7 ,flash flood and debris flow early warning system ,in carrying out the program1 the ,secretary1 in coordination with the ,secretary of ,commerce1 shall expand the early warning system for flash floods and debris flow by-- 7,a7 expanding the early warning system for post-wildfire debris flow to include recently burned areas across the western ,united ,states2 7,b7 developing procedures with ,state1 local1 and tribal governments to monitor stormwater drainage in areas with high flash flood and debris flow risk2 and 7,c7 identifying high-risk debris flow areas1 such as recently burned land and potential lahar hazard areas4 7#f7 ,emergency response activities ,in carrying out the program1 the ,secretary1 in coordination with the ,secretary of ,commerce1 the ,secretary of ,homeland ,security1 the heads of other relevant ,federal agencies1 ,states1 and ,indian tribes1 shall establish emergency response procedures for the rapid deployment of ,federal scientists1 equipment1 and services to areas impacted by a significant landslide event-- 7,a7 to support emergency response efforts and improve the safety of emergency responders2 7,b7 to improve data collection2 and 7,c7 to conduct research to advance the understanding of the causes1 impacts1 and reduction of landslide hazards and risks4 7c7 ,interagency ,coordinating ,committee on ,landslide ,hazards 7#a7 ,in general ,there is established a committee1 to be known as the ,interagency ,coordinating ,committee on ,landslide ,hazards4 7#b7 ,membership ,the ,committee shall be composed of the following members 7or their designees73 7,a7 ,the ,secretary1 who shall serve as ,chairperson of the ,committee4 7,b7 ,the ,secretary of the ,army4 7,c7 ,the ,secretary of ,commerce4 7,d7 ,the ,secretary of ,homeland ,security4 7,e7 ,the ,secretary of ,transportation4 7,f7 ,the ,director of the ,national ,science ,foundation4 7,g7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,h7 ,the ,director of the ,office of ,management and ,budget4 7#c7 ,meetings ,the ,committee shall meet at the call of the ,chairperson4 7#d7 ,purpose and duties ,the ,committee shall-- 7,a7 advise and oversee the program2 7,b7 facilitate communication and coordination across ,federal agencies in the planning1 management1 budgeting1 and execution of landslide activities2 and 7,c7 support the development and execution of the national strategy under subsection 7b77#b71 including by-- 7i7 supporting the development of national goals and priorities for the national strategy2 7ii7 articulating ,federal agency roles1 responsibilities1 and resources for carrying out the national strategy2 and 7iii7 overseeing the implementation of the national strategy4 7d7 ,advisory ,committee 7#a7 ,in general ,the ,secretary shall establish an advisory committee1 to be known as the ,advisory ,committee on ,landslides 7referred to in this subsection as the ,advisory ,committee74 7#b7 ,membership ,the ,advisory ,committee shall be composed of not fewer than #aa members-- 7,a7 of whom none may be an individual described in any of subparagraphs 7,a7 through 7,f7 of section #gcdb7;a77#a7 of title #e1 ,united ,states ,code2 and 7,b7 who shall be representatives of-- 7i7 ,states1 including ,state geological organizations2 7ii7 ,indian tribes1 including tribal geological organizations2 7iii7 research institutions and institutions of higher education that are qualified-- 7,i7 to provide advice regarding landslide hazard and risk reduction2 and 7,,ii7 to represent related scientific1 architectural1 engineering1 and planning disciplines2 7iv7 industry standards development organizations2 and 7v7 ,state1 local1 and tribal emergency management agencies4 7#c7 ,recommendations 7,a7 ,in general ,the ,advisory ,committee shall submit to the ,committee recommendations for the implementation of the program1 including recommendations regarding-- 7i7 landslide hazard and risk reduction and planning2 7ii7 tools for communities2 7iii7 research2 and 7iv7 such other topics as the ,advisory ,committee determines appropriate4 7,b7 ,consideration ,the ,secretary and the agency heads described in subparagraphs 7,a7 through 7,h7 of subsection 7c77#b7 shall take into consideration any recommendation of the ,advisory ,committee submitted under subparagraph 7,a74 7e7 ,grant programs 7#a7 ,cooperative landslide hazard mapping and assessment program 7,a7 ,in general ,subject to appropriations1 the ,secretary may-- 7i7 provide grants1 on a competitive basis1 to ,state1 local1 and tribal governments to research1 map1 assess1 and collect data on landslide hazards within the jurisdictions of those governments2 and 7ii7 accept and use funds received from other ,federal and non-,federal partners to advance the purposes of the program4 7,b7 ,priority 7i7 ,in general ,the ,secretary shall consult annually with the ,committee1 ,states1 and ,indian tribes to establish priorities for the grant program under this paragraph4 7ii7 ,funding prioritization ,in providing grants under this paragraph1 the ,secretary shall give priority to projects that-- 7,i7 will achieve the greatest landslide hazard and risk reduction2 7,,ii7 reflect the goals and priorities of the national strategy established under subsection 7b77#b77;,a72 7,,iii7 would receive not more than #ej percent of the total cost of the project from non-,federal sources2 and 7,,iv7 include acquisition of enhanced elevation data consistent with the #c;,d ,elevation ,program4 7#b7 ,national landslide research grants ,in providing grants for landslide research and development1 the ,director of the ,national ,science ,foundation1 in consultation with the ,secretary and the ,committee1 shall ensure that the grants are provided on a competitive basis to ,state1 local1 and tribal governments1 institutions of higher education1 and nongovernmental entities to advance the goals and priorities of the national strategy established under subsection 7b77#b77;,a71 including for research and development on-- 7,a7 the causes1 mechanisms1 triggers1 hydrology1 and geology of landslides2 7,b7 ways to reduce landslide hazards and risks to minimize loss of life and property1 including landslide hazard and risk communication1 perception1 decisionmaking1 tools1 and technologies2 and 7,c7 other goals and priorities of the national strategy established under subsection 7b77#b77;,a74 7f7 ,annual report ,the ,secretary shall submit to ,congress an annual report1 including a description of1 with respect to the preceding calendar year-- 7#a7 the goals and accomplishments of the ,secretary and the agency heads described in subparagraphs 7,a7 through 7,h7 of subsection 7c77#b7 in carrying out the national strategy developed under subsection 7b77#b71 expressed-- 7,a7 by agency1 program1 and budgetary resource2 and 7,b7 by the goals and priorities of the national strategy established under subsection 7b77#b77;,a72 7#b7 the results of the activities of the ,committee under this section2 7#c7 the extent to which any recommendations of the ,advisory ,committee under subsection 7d77#c77;,a7 have been implemented2 7#d7 the grants provided under this section during that preceding calendar year1 including a description of-- 7,a7 each activity carried out using such a grant2 and 7,b7 the results of those activities2 and 7#e7 for each significant landslide event in the ,united ,states during that preceding calendar year-- 7,a7 a description of the landslide event and the implications of the event on communities1 including life and property2 7,b7 recommendations on how the identification of the landslide risk could have been improved prior to the event2 7,c7 a description of the effectiveness of any warning and risk communication1 including the dissemination of warnings by ,state1 local1 and tribal partners in the affected area2 7,d7 recommendations to improve risk identification1 reduction1 and communication to landowners and local governments2 7,e7 recommendations to improve landslide hazard preparedness and emergency response activities under this section2 and 7,f7 such other findings as the ,secretary determines appropriate4 #ajajc4 ,ground subsidence ,as the ,secretary determines to be appropriate and subject to appropriations1 the ,secretary1 through existing programs1 shall advance the identification1 mapping1 research1 and monitoring of subsidence and groundwater resource accounting1 particularly in areas affected by drought4 #ajajd4 #c;,d ,elevation ,program 7a7 ,establishment of #c;,d elevation program 7#a7 ,in general ,the ,secretary shall establish a program1 to be known as the #c;,d ,elevation ,program-- 7,a7 to provide #c;,d elevation data coverage for the ,united ,states2 7,b7 to coordinate and facilitate the collection1 dissemination1 and use of #c;,d elevation data among ,federal departments and agencies and non-,federal entities2 7,c7 to produce standard1 publicly accessible #c;,d elevation data products for the ,united ,states2 and 7,d7 to promote the collection1 dissemination1 and use of #c;,d elevation data among ,federal1 ,state1 local1 and tribal governments1 communities1 institutions of higher education1 and the private sector through-- 7i7 cooperative agreements2 7ii7 the development and maintenance of spatial data infrastructure to provide quality control and deliver to the public #c;,d elevation data products2 7iii7 the development of standards and guidelines for #c;,d elevation data acquisition to increase accessibility to #c;,d elevation data in a standard1 easy-to-use format2 and 7iv7 the identification1 assessment1 and adoption of emerging technologies to improve the accuracy and efficiency of the #c;,d ,elevation ,program4 7#b7 ,management 7,a7 ,in general ,the ,secretary shall manage the #c;,d ,elevation ,program-- 7i7 to ensure efficiency with respect to related activities of the ,department of the ,interior and other participating ,federal departments and agencies2 and 7ii7 to meet the needs of ,department of the ,interior programs1 stakeholders1 and the public4 7,b7 ,other ,federal departments and agencies ,the head of each ,federal department and agency involved in the acquisition1 production1 distribution1 or application of #c;,d elevation data shall-- 7i7 coordinate with the #c;,d ,elevation ,federal ,interagency ,coordinating ,committee established under subsection 7b7 to acquire additional1 enhanced #c;,d elevation data2 7ii7 submit to the ,secretary a description of priority areas of interest for #c;,d elevation data collection for use in providing grants and cooperative agreements under subsection 7d72 7iii7 implement policies and procedures for data acquisition and sharing that are consistent with standards and guidelines developed under the #c;,d ,elevation ,program2 7iv7 participate in1 and share the results and benefits of1 the #c;,d ,elevation ,program1 in accordance with standards and guidelines developed under the #c;,d ,elevation ,program2 and 7v7 ensure that any #c;,d elevation data acquired with ,federal grant funding-- 7,i7 meets #c;,d ,elevation ,program standards2 and 7,,ii7 is included in the national holdings of those data4 7b7 #c;,d ,elevation ,federal ,interagency ,coordinating ,committee 7#a7 ,establishment ,the ,secretary1 in coordination with the ,secretary of ,commerce1 shall establish an interagency coordinating committee1 to be known as the #c;,d ,elevation ,federal ,interagency ,coordinating ,committee 7referred to in this subsection as the ,committee71 to better coordinate #c;,d elevation data management across the ,federal ,government4 7#b7 ,membership ,the ,committee shall be composed of the following members 7or their designees73 7,a7 ,the ,secretary1 who shall serve as ,chairperson of the ,committee4 7,b7 ,the ,secretary of ,agriculture4 7,c7 ,the ,secretary of ,commerce4 7,d7 ,the ,secretary of ,homeland ,security4 7,e7 ,the ,director of the ,national ,science ,foundation4 7,f7 ,the ,director of the ,office of ,science and ,technology ,policy4 7,g7 ,the ,director of the ,office of ,management and ,budget4 7,h7 ,the head of any other ,federal department or agency1 at the request of the ,secretary4 7#c7 ,coordination ,the ,committee shall coordinate1 as appropriate1 with the existing activities of-- 7,a7 the #c;,d ,elevation ,program ,executive ,forum2 7,b7 the ,alaska ,mapping ,executive ,committee2 7,c7 the #c;,d ,elevation ,working ,group2 and 7,d7 the #c;,d ,national ,elevation ,subcommittee4 7#d7 ,meetings ,the ,committee shall meet at the call of the ,chairperson4 7#e7 ,duties ,the ,committee shall-- 7,a7 oversee the planning1 management1 and coordination of the #c;,d ,elevation ,program2 and 7,b7 develop1 by not later than #a year after the date of enactment of this ,act1 and update periodically thereafter-- 7i7 a strategic plan that establishes goals and priorities for activities carried out under the #c;,d ,elevation ,program2 and 7ii7 a detailed management plan to implement the strategic plan4 7c7 ,subcommittee of ,national ,geospatial ,advisory ,committee 7#a7 ,establishment 7,a7 ,in general ,the ,secretary shall establish1 within the ,national ,geospatial ,advisory ,committee1 a subcommittee 7referred to in this subsection as the ,subcommittee74 7,b7 ,membership ,the ,subcommittee shall-- 7i7 consist of not fewer than #aa members1 of whom none may be a ,federal officer or employee2 and 7ii7 include representatives of-- 7,i7 research and academic institutions2 7,,ii7 industry standards development organizations2 7,,iii7 units of ,state and local government2 and 7,,iv7 the private sector4 7#b7 ,duties 7,a7 ,assessment ,the ,subcommittee shall conduct an assessment of-- 7i7 trends and developments in-- 7,i7 the collection1 dissemination1 and use of #c;,d elevation data2 and 7,,ii7 science and technology relating to #c;,d elevation data2 7ii7 the effectiveness of the #c;,d ,elevation ,program in carrying out the activities described in subsection 7a77#a72 7iii7 the need to revise or reorganize the #c;,d ,elevation ,program2 and 7iv7 the management1 coordination1 implementation1 and activities of the #c;,d ,elevation ,program4 7,b7 ,report ,not later than #a year after the date of enactment of this ,act1 and not less frequently than once every #b years thereafter1 the ,subcommittee shall submit to the ,secretary and the #c;,d ,elevation ,federal ,interagency ,coordinating ,committee established under subsection 7b7 a report that includes-- 7i7 the findings of the assessment under subparagraph 7,a72 and 7ii7 recommendations of the ,subcommittee based on those findings1 if any4 7d7 ,grants and cooperative agreements 7#a7 ,in general ,the ,secretary may make grants and enter into cooperative agreements with other ,federal departments and agencies1 units of tribal1 ,state1 or local government1 institutions of higher education1 nonprofit research institutions1 or other organizations to facilitate the improvement of nationwide coverage of #c;,d elevation data4 7#b7 ,applications ,to be eligible to receive a grant or enter into a cooperative agreement under this subsection1 an entity described in paragraph 7#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,terms and conditions ,a grant or cooperative agreement under this subsection shall be subject to such terms and conditions as the ,secretary determines to be appropriate1 including making data publically available and interoperable with other ,federal datasets4 ,,xi ,indian ,energy ,a ,indian ,tribal ,energy ,development and ,self-,determination ,act amendments #aajja4 ,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 ,energy and ,natural ,resources ,act of #bjag1 the ,secretary of ,energy shall4 #aajjb4 ,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 #aajjc4 ,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 ,energy and ,natural ,resources ,act of #bjag1 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 one 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 #ecja 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-way2 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 #aajjc7;b7 of the ,energy and ,natural ,resources ,act of #bjag4 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 #aajjc7;b7 of the ,energy and ,natural ,resources ,act of #bjag2 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 #aajjc7;b7 of the ,energy and ,natural ,resources ,act of #bjag1 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 #ecja 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 one 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 one 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 one 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 one 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 ,energy and ,natural ,resources ,act of #bjag1 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 to 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 #aajjd4 ,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 #aajje4 ,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 #ecja 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 ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eabd7 7commonly known as the 8,indian ,reorganization ,act07 or section #c of the ,act of ,june #bf1 #aicf 7#di ,stat4 #aifg1 chapter #hca7 7commonly known as the ,oklahoma ,indian ,welfare ,act772 and 7,b7 any organization of two or more entities1 at least one 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 the term 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 #aajjf4 ,report 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary 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-- 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 #aaaja4 ,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 ,energy and ,natural ,resources ,act of #bjag2 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 ,energy and ,natural ,resources ,act of #bjag4 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 #ecjd74 #aaajb4 ,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#be ,u4,s4,c4 #caae;a7 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 ,federal land 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 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 ,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 #ecjd74 7,c7 ,secretary ,the term ,secretary 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 #ecjd74 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 ,act2 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 #aaajc4 ,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 #aaajd4 ,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 #aaaje4 ,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 #aaajf4 ,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 #aaajg4 ,trust status of lease payments 7a7 ,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 7b7 ,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 7a77#a71 the funds held in the trust fund system and described in subsection 7a71 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 7a77#a7 is not approved by the ,secretary1 the funds held in the trust fund system and described in subsection 7a71 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 7c7 ,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 ,june #bi1 #bjag,read the second time and placed on the calendar