Committee Legislation

Bill Introduced Description
S.2006 Feb-06-14
STATUS: February 6, 2014.--Introduced. S.2006 National Rare Earth Cooperative Act of 2014 (Introduced in Senate - IS) S 2006 IS 113th CONGRESS2d SessionS. 2006 To provide for the establishment of a National Rare Earth Refinery Cooperative, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 6, 2014 Mr. BLUNT (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the establishment of a National Rare Earth Refinery Cooperative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Rare Earth Cooperative Act of 2014'. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings- Congress makes the following findings: (1) Heavy rare earth elements are critical for the national defense of the United States, advanced energy technologies, and other desirable commercial and industrial applications. (2) The Government Accountability Office has confirmed that the monopoly control of the People's Republic of China over the rare earth value chain has resulted in vulnerabilities in the procurement of multiple United States weapons systems. (3) China has leveraged its monopoly control over the rare earth value chain to force United States, European, Japanese, and Korean corporations to transfer manufacturing facilities, technology, and jobs to China in exchange for secure supply contracts. (4) China's increasingly aggressive mercantile behavior has resulted in involuntary transfers of technology, manufacturing, and jobs resulting in onerous trade imbalances with the United States and trading partners of the United States. (5) Direct links exist between heavy rare earth mineralogy and thorium. (6) Thorium is a mildly radioactive element commonly associated with the lanthanide elements in the most heavy rare earth deposits that are located in the United States and elsewhere. (7) Regulations regarding thorium represent a barrier to the development of a heavy rare earth industry that is based in the United States. (8) Balancing the strategic national interest objectives of the United States against economic and environmental risks are best met through the creation of a rare earth cooperative. (9) A rare earth cooperative could-- (A) greatly increase rare earth production; (B) ensure environmental safety; and (C) lower the cost of the production and financial risks faced by rare earth producers in the United States. (10) Historically, agricultural and electric cooperatives have stood as one of the greatest success stories of the United States. (b) Statement of Policy- It is the policy of the United States to advance domestic refining of heavy rare earth materials and the safe storage of thorium in anticipation of the potential future industrial uses of thorium, including energy, as-- (1) thorium has a mineralogical association with valuable heavy rare earth elements; (2) there is a great need to develop domestic refining capacity to process domestic heavy rare earth deposits; and (3) the economy of the United States would benefit from the rapid development and control of intellectual property relating to the commercial development of technology utilizing thorium. SEC. 3. DEFINITIONS. In this Act: (1) ACTINIDE- The term `actinide' means a natural element associated with any of the 15 rare earth minerals with atomic number 43 and atomic numbers 81 through 93 on the periodic table. (2) CONSUMER MEMBER- (A) IN GENERAL- The term `consumer member' means a member of the Cooperative that is-- (i) an entity that is part of, or has a role in, the value chain for rare earth materials or rare earth products, including from the refined oxide stage to the stage in which the rare earth elements are finished in any physical or chemical form (including oxides, metals, alloys, catalysts, or components); or (ii) a consumer of rare earth products. (B) INCLUSIONS- The term `consumer member' includes-- (i) a producer of or other entity that is part of the value chain for rare earth materials, including original equipment manufacturer producers, whose place of business is located in or outside the United States; (ii) a defense contractor or contractors in the United States; and (iii) any government agency in the United States or outside the United States that invests in the Cooperative. (3) COOPERATIVE- The term `Cooperative' means the Thorium-Bearing Rare Earth Refinery Cooperative established by section 4(a)(1). (4) COOPERATIVE BOARD- The term `Cooperative Board' means the Board of Directors of the Cooperative established under section 4(b)(2). (5) CORPORATION- The term `Corporation' means the Thorium Storage, Energy, and Industrial Products Corporation established under section 5(a)(1). (6) CORPORATION BOARD- The term `Corporation Board' means the Board of Directors of the Corporation established under section 5(b)(1). (7) EXECUTIVE COMMITTEE- The term `Executive Committee' means the executive committee established under section 5(b)(2). (8) INITIAL BOARD OF DIRECTORS- The term `Initial Board of Directors' means the initial Board of Directors for the Cooperative established under section 4(b)(1)(A). (9) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (10) NATIONAL LABORATORY- The term `national laboratory' has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (11) SECRETARY- The term `Secretary' means the Secretary of Defense. (12) SUPPLIER MEMBER- The term `supplier member' means a rare earth producer that enters into a contract to supply the Cooperative with rare earth ores. (13) TOLLING- The term `tolling' means a fee-for-services contract between the Cooperative and a primary rare earth producer under which-- (A) the producer retains ownership and control of the finished product; and (B) pays to the Cooperative a fee for services rendered by the Cooperative. (14) UNPROCESSED AND UNREFINED ORE- The term `unprocessed and refined ore' includes any ores or residual ores resulting from the mining, extraction, beneficiation, and processing of other natural resources. SEC. 4. THORIUM-BEARING RARE EARTH REFINERY COOPERATIVE. (a) Establishment- (1) IN GENERAL- There is established a Cooperative, to be known as the `Thorium-Bearing Rare Earth Refinery Cooperative', to provide for the domestic processing of thorium-bearing rare earth concentrates as residual unprocessed and unrefined ores. (2) FEDERAL CHARTER; OWNERSHIP- The Cooperative shall operate under a Federal charter. (3) MEMBERSHIP- (A) COMPOSITION- The Cooperative shall be comprised of-- (i) supplier members; and (ii) consumer members. (B) SUPPLIER MEMBERS- (i) IN GENERAL- As a condition of entering into a contract to supply the Cooperative with rare earth ores, supplier members shall provide rare earth concentrates to the Cooperative at market price. (ii) CAPITAL CONTRIBUTIONS- Any supplier member that makes significant capital contributions to the Cooperative, as determined by the Cooperative Board, may become a consumer member for purposes of the distribution of profits of the Cooperative under subparagraph (D). (C) CONSUMER MEMBER- A consumer member-- (i) shall make capital contributions to the Cooperative in exchange for entering into negotiated supply agreements; and (ii) in accordance with the agreements entered into under clause (i), may acquire finished rare earth products from the Cooperative at market price. (D) DISTRIBUTION OF PROFITS- Any profits of the Cooperative shall be distributed between supplier members and consumer members in accordance with a formula established by the Cooperative Board. (b) Management- (1) INITIAL BOARD OF DIRECTORS- (A) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall appoint the Initial Board of Directors for the Cooperative, comprised of 5 members, of whom-- (i) 1 member shall represent the Defense Logistics Agency Strategic Materials program of the Department of Defense; (ii) 1 member shall represent the Assistant Secretary of Defense for Research and Engineering; (iii) 1 member shall represent United States advocacy groups for rare earth producers and original equipment manufacturing interests; (iv) 1 member shall represent the United States Geological Survey; and (v) 1 member who shall-- (I) not be affiliated with a Federal agency; and (II) be recommended for appointment by a majority vote of the other members of the Initial Board of Directors appointed under clauses (i) through (iv). (B) DUTIES- The Initial Board of Directors shall-- (i) establish a charter, bylaws, and rules of governance for the Cooperative; (ii) make formative business decisions on behalf of the Cooperative; and (iii) assist in the formation of, and the provision of tasks and assignments to, the Corporation. (C) STANDING MEMBER- The member appointed under subparagraph (A)(v) shall remain on the Cooperative Board and Corporation Board, until such time as-- (i) the member voluntarily resigns; or (ii) a majority of the members of the Cooperative Board and a majority of the members of the Corporation Board vote to remove the member from the Cooperative Board and the Corporation Board. (D) TERMINATION- The Initial Board of Directors shall terminate on the date on which the initial members of the Cooperative Board are appointed under paragraph (2). (2) BOARD OF DIRECTORS- (A) IN GENERAL- The Board of Directors of the Cooperative shall be comprised of 9 members, to be selected in accordance with the bylaws of the Cooperative established under paragraph (1)(B)(i), of whom-- (i) 5 members shall be consumer members; (ii) 2 members shall be supplier members; (iii) 1 member shall represent an advocacy group for defense contractors, other rare earth consumers, and suppliers who are not represented by the Board or through direct ownership in the Cooperative; and (iv) 1 member shall be the member of the Initial Board of Directors appointed under paragraph (1)(A)(v). (B) POWERS- The Cooperative Board may-- (i) prescribe the manner in which business shall be conducted by the Cooperative; (ii) determine pay-out ratio formulas for consumer members and supplier members, based on-- (I) the capital stock ratios of consumer members; and (II) the value of supply member contracts, as determined based on the volume, term, and distributions of rare earth concentrates relative to processing costs; and (iii) evaluate technologies and processes for the efficient extraction and refining of rare earth materials from various thorium-bearing ores. (C) REFINERY AND OFFICE LOCATIONS- The Cooperative Board shall establish the refinery and offices for the Cooperative at any locations determined to be appropriate by the Cooperative Board. (c) Powers; Duties- (1) INVESTMENT PARTNERSHIPS- The Cooperative shall seek to enter into domestic and international investment partnerships for the development of the refinery. (2) AGREEMENTS; DIRECT SALES- The Cooperative may-- (A) enter into equity, financial, and supply-based agreements or arrangements with value-added intermediaries, equipment manufacturers, consumers of rare earth products, and Federal, State, or local agencies to provide economic incentives, leases, or public financing; and (B) engage in direct market sales of rare earth products. (3) SUPPLY CONTRACTS AND TOLLING SERVICES- (A) IN GENERAL- The Cooperative may-- (i) directly purchase rare earth materials obtained from any byproduct producers of rare earths; (ii) transport those materials in accordance with part 40 of title 10, Code of Federal Regulations (or any corresponding similar regulation or ruling); (iii) offer supplier members short-term or direct purchase contracts; and (iv) allow primary rare earth producers to be tolling customers of the Cooperative. (B) REQUIREMENTS- A tolling customer under subparagraph (A)(iii) shall-- (i) retain control of the rare earth products during the processing, refining, or value adding of the rare earth products by the Cooperative; and (ii) take possession of the rare earth products after-- (I) tolling services are rendered by the Cooperative; and (II) the Cooperative has received payment in full for the tolling services rendered. (C) FEE- The Cooperative may charge tolling customers under subparagraph (A)(iii) a tolling fee not to exceed the sum of-- (i) the amount equal to 110 percent of the total cost for tolling services rendered by the Cooperative on behalf of the tolling customer; and (ii) the amount equal to 5 percent of the market value of the finished product provided to the tolling customer by the Cooperative. (D) APPLICABLE LAW- Any contract among consumer members, supplier members, tolling customers, and direct purchase suppliers entered into under subparagraph (A)(iii) shall be protected as provided in subsection 552(b)(4) of title 5, United States Code. (E) LIMITATIONS- A direct purchase consumer under subparagraph (A)(ii) or a tolling customer under subparagraph (A)(iii)-- (i) shall not be considered to be a supplier member or otherwise be considered a member of the Cooperative for purposes of this Act; and (ii) shall not participate in Cooperative profits or have voting rights with respect to the Cooperative. (d) Audits- (1) IN GENERAL- The Cooperative shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Cooperative for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Cooperative. (2) REPORTS- The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Cooperative, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) REVIEW BY COMPTROLLER GENERAL- The Comptroller General of the United States shall-- (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (e) Reimbursement of Federal Government- Not later than 7 years of the date of the enactment of this Act, the Cooperative shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. SEC. 5. THORIUM STORAGE, ENERGY, AND INDUSTRIAL PRODUCTS CORPORATION. (a) Establishment- (1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Cooperative Board, in consultation with the Secretary of Defense, shall establish the Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. (2) FEDERAL CHARTER- The Corporation shall operate under a Federal charter. (b) Management- (1) BOARD OF DIRECTORS- (A) IN GENERAL- The Board of Directors of the Corporation shall be composed of 5 members. (B) INITIAL MEMBERS- The initial members of the Corporation Board shall consist of the following members, to be appointed by the Secretary of Defense: (i) 1 member, who shall represent the Assistant Secretary of Defense for Research and Engineering. (ii) 1 member, who shall represent the Advanced Energy Program of the Defense Advanced Research Project Agency. (iii) 1 member, who shall represent United States advocacy groups for commercial development of thorium in nuclear energy systems. (iv) 1 member, who shall represent a national laboratory. (v) 1 member, who is the member of the Initial Board of Directors appointed under section 4(b)(1)(A)(v). (C) SUBSEQUENT MEMBERS- Subject to subparagraphs (A) and (D), subsequent members of the Corporation Board and Executive Committee shall be appointed in accordance with the bylaws of the Corporation established under paragraph (2)(B)(i). (D) STANDING MEMBERS- The initial members appointed under clauses (iv) and (v) of subparagraph (B) shall remain on the Corporation Board and the Executive Committee, until such time as-- (i) the members voluntarily resign; (ii) in the case of a member appointed under subparagraph (B)(iv), a majority of the members of the Corporation Board vote to remove the member from the Corporation Board; or (iii) in the case of a member appointed under subparagraph (B)(v), a majority of the members of the Corporation Board and a majority of the members of the Cooperative Board vote to remove the member from the Corporation Board and the Cooperative Board. (2) EXECUTIVE COMMITTEE- (A) IN GENERAL- The Executive Committee for the Corporation shall be composed of the initial members of the Corporation Board appointed under clauses (iv) and (v) of paragraph (1)(B). (B) DUTIES- The Executive Committee shall-- (i) establish the charter, rules of governance, bylaws, and corporate structure for the Corporation; and (ii) make formative business decisions with respect to the Corporation. (c) Powers- (1) ESTABLISHMENT OF SUBSEQUENT ENTITIES- (A) IN GENERAL- The Corporation may establish 1 or more entities, to be known as an `Industrial Products Corporation', for the certification, licensing, insuring, and commercial development of all non-energy uses for thorium (including thorium isotopes and thorium daughter elements), including-- (i) alloys; (ii) catalysts; (iii) medical isotopes; and (iv) other products. (B) AUTHORITY OF ENTITIES- The entities described in subparagraph (A) may-- (i) develop standards, procedures, and protocols for the approval of commercial and industrial applications for thorium; (ii) carry out directly the production and sale of thorium-related non-energy products; and (iii) sell or license any production or sales rights to third parties. (C) SALE OR DISTRIBUTION OF INDUSTRIAL PRODUCTS CORPORATION; CREATION OF BUSINESSES AND PARTNERSHIPS- To develop and commercialize non-energy uses for thorium, the Corporation Board may-- (i) create, sell, or distribute the equity of an entity described in subparagraph (A); and (ii) establish partnerships with Federal agencies, foreign governments, and private entities relating to businesses and activities of the entity. (2) SALE OR DISTRIBUTION OF CORPORATION EQUITY; CREATION OF PARTNERSHIPS- To develop and commercialize thorium energy, the Corporation may sell or distribute equity and establish partnerships with the United States and foreign governments and private entities-- (A) to create capital; (B) to develop intellectual property; (C) to acquire technology; (D) to establish business partnerships and raw material supply chains; (E) to commercially develop thorium energy systems; (F) to commercially develop systems for the reduction of spent fuel; (G) to develop hardened energy systems for the United States military; and (H) to develop process heat technologies systems for coal-to-liquid fuel separation, desalinization, chemical synthesis, and other applications. (d) Duties- (1) OWNERSHIP OF THORIUM AND RELATED ACTINIDES- The Corporation shall-- (A) on a preprocessing basis, assume liability for and ownership of all thorium and mineralogically associated or related actinides and decay products contained within the monazite and other rare earth mineralizations in the possession of the Cooperative; (B) after the Cooperative has separated the thorium from the rare earth concentrates, take physical possession and safely store all thorium-containing actinide byproducts, with the costs of the storage to be paid by the Corporation from fees charged or revenue from sales of other valuable actinides; (C) develop new markets and uses for thorium; (D) develop energy systems from thorium; and (E) develop, manage, and control national and international energy leasing and distribution platforms related to thorium energy systems. (2) SAFE, LONG-TERM STORAGE; DEVELOPMENT OF USES AND MARKETS- The Corporation shall-- (A) in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, be responsible for the safe, long-term storage for all thorium and thorium decay products generated through the Cooperative, consistent with part 192 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act), while taking into account the low relative risks relating to thorium; and (B) develop uses and markets for thorium, including energy, including by coordinating and structuring domestic and international investment partnerships for the development of commercial and industrial uses for thorium. (e) Audits- (1) IN GENERAL- The Corporation shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Corporation for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Corporation. (2) REPORTS- The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Corporation, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) REVIEW BY COMPTROLLER GENERAL- The Comptroller General of the United States shall-- (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (f) Reimbursement of Federal Government- Not later than 7 years of the date of the enactment of this Act, the Corporation shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. SEC. 6. DUTIES OF SECRETARY OF DEFENSE. (a) Advancement of Rare Earth Initiatives- The Secretary shall coordinate with other Federal agencies to advance and protect-- (1) domestic rare earth mining; (2) the refining of rare earth elements; (3) basic rare earth metals production; and (4) the development and commercialization of thorium, including-- (A) energy technologies and products; and (B) products containing thorium. (b) Annual Reports- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that, for the period covered by the report-- (1) contains a description of the progress in the development of-- (A) a domestic rare earth refining capacity; and (B) commercial uses and energy-related uses for thorium; and (2) takes into account each report submitted to the Secretary by the Cooperative and the Corporation. (c) Federal Agencies; National Laboratories- Each Federal agency (including the Nuclear Regulatory Commission and the Defense Advanced Research Projects Agency), each national laboratory, and each facility funded by the Federal Government shall provide assistance to the Cooperative and the Corporation under this Act. (d) Institutions of Higher Education- Each institution of higher education is encouraged-- (1) to develop training and national expertise in the field of thorium development; and (2) to promote-- (A) the marketing of thorium; (B) the advancement of the strategic uses of thorium; and (C) salt chemistry science and radio chemists. SEC. 7. AUTHORIZATION OF DEPARTMENT OF DEFENSE TO ESTABLISH EQUITY STAKE IN COOPERATIVE. The Secretary may acquire and maintain a 10 percent equity stake in the Cooperative in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) for the purpose of accessing strategic rare earth materials and eliminating the need to acquire such materials under that Act.
S.2002 Feb-06-14
STATUS: February 6, 2014.--Introduced. S.2002 Motor Systems Market Awareness Act of 2014 (Introduced in Senate - IS) S 2002 IS 113th CONGRESS2d SessionS. 2002 To require the Secretary of Energy to conduct a motor and motor-driven systems market assessment and public awareness program, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 6, 2014 Mr. PRYOR (for himself and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to conduct a motor and motor-driven systems market assessment and public awareness program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Motor Systems Market Awareness Act of 2014'. SEC. 2. FINDINGS. Congress finds that-- (1) motors and motor-driven systems account for a significant quantity of the electricity used in the United States; (2) motor electrical energy use is determined by the efficiency of the motor and the design of the motor-driven system in which the motor and the drive operate; (3) Federal Government research on commercial and industrial motors and motor-driven system use and efficiency is outdated; (4) the Bureau of the Census has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales; (5) the last Department of Energy motor market assessment was conducted in 2002; (6) motor and motor-driven systems have changed dramatically during the 12-year period ending on the date of enactment of this Act; and (7) a new motor and motor-driven system market assessment will help United States manufacturers better understand the commercial marketplace and become more globally competitive. SEC. 3. DEFINITIONS. In this Act: (1) DEPARTMENT- The term `Department' means the Department of Energy. (2) INTERESTED PARTIES- The term `interested parties' includes-- (A) trade associations; (B) motor manufacturers; (C) manufacturers of variable speed drives, including variable frequency drives; (D) motor end users, including original equipment manufacturers that use motors to drive machinery; (E) permanent magnetic material manufacturers; (F) electric utilities; and (G) individuals and entities that conduct energy efficiency programs. (3) SECRETARY- The term `Secretary' means the Secretary of Energy. SEC. 4. MOTOR MARKET ASSESSMENT. (a) In General- The Secretary, in consultation with interested parties, shall conduct a market assessment of motors and motor-driven systems used in the United States. (b) Assessment- In conducting the assessment under subsection (a), the Secretary shall-- (1) develop a detailed profile of the stock of motors and motor-driven systems in commercial and industrial facilities of the United States (as of the date of enactment of this Act); (2) develop a profile of commercial and industrial motor and motor-driven system purchase and maintenance practices; (3) analyze the opportunities (by market segment) for improved energy efficiency and cost savings available through-- (A) the use of energy efficient motors, variable speed drives, servo drives, and other control technologies; (B) optimization of motor-driven systems; and (C) substitution of existing motor designs with new and future advanced motor and motor-driven system designs, including-- (i) electronically commutated permanent magnet motors; (ii) interior permanent magnet motors; (iii) switched reluctance motors; (iv) synchronous reluctance motors; and (v) variable speed drives; and (4) evaluate the state of the global supply chain that supports motor and drive technologies (as of the date of enactment of this Act), including-- (A) the accessibility and sustainability of key materials; (B) the progress of research and development directed at decreasing the quantity of heavy rare earth materials required in high energy density permanent magnets; and (C) factors that may lead to an increase in domestic manufacturing of motor and drive technologies. (c) Report- Not later than 540 days after the date of enactment of this Act, the Secretary shall publish and make available on the website of the Department a report on the assessment conducted under this section. (d) Recommendations- The Secretary shall use the assessment and report required under this section-- (1) to develop recommendations to update the detailed motor and motor-driven system profile on a periodic basis using readily available market information; and (2) to identify technology and research needs that could be met through joint industry and government partnership. SEC. 5. PUBLIC AWARENESS PROGRAM. Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall establish a program targeted at motor end-users to increase the awareness of the end-users of-- (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.
S.1997 Feb-06-14
STATUS: February 6, 2014.--Introduced. S.1997 Dry-Redwater Regional Water Authority System Act of 2014 (Introduced in Senate - IS) S 1997 IS 113th CONGRESS2d SessionS. 1997 To authorize the Dry-Redwater Regional Water Authority System. IN THE SENATE OF THE UNITED STATESFebruary 6, 2014 Mr. BAUCUS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Dry-Redwater Regional Water Authority System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Dry-Redwater Regional Water Authority System Act of 2014'. SEC. 2. PURPOSE. The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of-- (1) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (2) McKenzie County, North Dakota. SEC. 3. DEFINITIONS. In this Act: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Western Area Power Administration. (2) AUTHORITY- The term `Authority' means-- (A) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. 75-6-302 (2007); and (B) any nonprofit successor entity. (3) INTEGRATED SYSTEM- The term `integrated system' means the transmission system owned by the Western Area Power Administration Basin Electric Power District and the Heartland Consumers Power District. (4) NON-FEDERAL DISTRIBUTION SYSTEM- The term `non-Federal distribution system' means a non-Federal utility that provides electricity to the counties covered by the Water System. (5) PICK-SLOAN PROGRAM- The term `Pick-Sloan program' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the `Flood Control Act of 1944') (58 Stat. 891, chapter 665)). (6) SECRETARY- The term `Secretary' means the Secretary of the Interior. (7) STATE- The term `State' means the State of Montana. (8) WATER SYSTEM- The term `Water System' means the Dry-Redwater Regional Water Authority System authorized under section 4 with a project service area that includes-- (A) the Garfield and McCone Counties of the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties of the State; (C) Township 15N (including the area north of the Township) in Prairie County of the State; and (D) the portion of McKenzie County, North Dakota that includes all land that is located west of the Yellowstone River in the State of North Dakota. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Authorization- (1) IN GENERAL- If the Secretary, acting through the Commissioner of the Bureau of Reclamation, determines that the project is feasible, the Secretary is authorized to carry out the project entitled `Dry-Redwater Regional Water Authority System' in a manner that is substantially in accordance with the plans, and subject to the conditions, described in the `Dry-Redwater Regional Water System Feasibility Study', including revisions of the study, which received funding from the Bureau of Reclamation on September 1, 2010, and is to be completed in accordance with section 106(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 2405(a)). (2) COOPERATIVE AGREEMENT- The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water System. (b) Cost Sharing- (1) FEDERAL SHARE- (A) IN GENERAL- The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed-- (i) 75 percent of the total cost of the Water System; or (ii) such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation in a feasibility report. (B) LIMITATION- Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) USE OF FEDERAL FUNDS- (A) IN GENERAL- Subject to subparagraph (B), Federal funds made available to carry out this section may be used for-- (i) facilities relating to-- (I) water intake; (II) water pumping; (III) water treatment; and (IV) water storage; (ii) transmission pipelines and pumping stations; (iii) appurtenant buildings, maintenance equipment, and access roads; (iv) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (v) distribution, pumping, and storage facilities that-- (I) serve the needs of citizens who use public water systems; (II) are in existence on the date of enactment of this Act; and (III) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(2); (vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (viii) any property or property right required for the construction or operation of a facility described in this subsection. (B) LIMITATION- Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water System. (c) Title- Title to the Water System shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM. (a) Findings- Congress finds that McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed, and as such, were to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of Power- (1) IN GENERAL- Subject to paragraph (2), the Administrator shall make available to the Water System a quantity of power required, of up to 1 1/2 megawatt capacity, to meet the pumping and incidental operation requirements of the Water System during the period beginning on May 1 and ending on October 31 of each year-- (A) from the water intake facilities; and (B) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. (2) ELIGIBILITY- The Water System shall be eligible to receive power under paragraph (1) if the Water System-- (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(a)(2). (3) RATE- The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) ADDITIONAL POWER- (A) IN GENERAL- If power, in addition to that made available to the Water System under paragraph (1), is necessary to meet the pumping requirements of the Authority, the Administrator may purchase the necessary additional power at the best available rate. (B) REIMBURSEMENT- The cost of purchasing additional power shall be reimbursed to the Administrator by the Authority. (5) RESPONSIBILITY FOR POWER CHARGES- The Authority shall be responsible for the payment of the power charge described in paragraph (4) and non-Federal delivery costs described in paragraph (6). (6) TRANSMISSION ARRANGEMENTS- (A) IN GENERAL- The Water System shall be responsible for all non-Federal transmission and distribution system delivery and service arrangements. (B) UPGRADES- The Water System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Water System. (7) CONSTRUCTION- Nothing in this section exempts the Water System from the requirements of the Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.). SEC. 6. WATER RIGHTS. Nothing in this Act-- (1) preempts or affects any State water law; or (2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations- There are authorized to be appropriated to carry out the planning, design, and construction of the Water System such sums as are necessary, substantially in accordance with the cost estimate set forth in the feasibility study described in section 4(a). (b) Cost Indexing- The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.
S.1983 Feb-03-14
STATUS: February 3, 2014.--Introduced. S .1983 Fernley Economic Self-Determination Act (Introduced in Senate - IS) S 1983 IS 113th CONGRESS2d SessionS. 1983 To direct the Secretary of the Interior, acting through the Bureau of Land Management and the Bureau of Reclamation, to convey, by quitclaim deed, to the City of Fernley, Nevada, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of either of those agencies. IN THE SENATE OF THE UNITED STATESFebruary 3, 2014 Mr. HELLER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior, acting through the Bureau of Land Management and the Bureau of Reclamation, to convey, by quitclaim deed, to the City of Fernley, Nevada, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of either of those agencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Fernley Economic Self-Determination Act'. SEC. 2. DEFINITIONS. In this Act: (1) CITY- The term `City' means the City of Fernley, Nevada. (2) FEDERAL LAND- The term `Federal land' means the approximately 9,407 acres of land located in the City of Fernley, Nevada, that is identified by the Secretary and the City for conveyance under this Act. (3) MAP- The term `map' means the map entitled `Proposed Fernley, Nevada, Land Sales' and dated January 25, 2013. SEC. 3. CONVEYANCE OF CERTAIN FEDERAL LAND TO CITY OF FERNLEY, NEVADA. (a) Conveyance Authorized- Subject to valid existing rights and not later than 180 days after the date on which the Secretary of the Interior receives an offer from the City to purchase the Federal land depicted on the map, the Secretary, acting through the Bureau of Land Management and the Bureau of Reclamation, shall convey, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), to the City in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to such Federal land. (b) Appraisal To Determine Fair Market Value- The Secretary shall determine the fair market value of the Federal land to be conveyed-- (1) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reservation of Easements and Rights-of-Way- The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way the Bureau of Reclamation determines are necessary to carry out-- (1) the operation and maintenance of the Truckee Canal; or (2) the Newlands Project. (e) Costs- The City shall, at closing for the conveyance authorized under subsection (a), pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of appraisal, title searches, maps, and boundary and cadastral surveys. (f) Conveyance Not a Major Federal Action- A conveyance or a combination of conveyances made under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). SEC. 4. RELEASE OF UNITED STATES. Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. SEC. 5. WITHDRAWAL. Subject to valid existing rights, the Federal land to be conveyed under section 3 of this Act shall be withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
S.1973 Jan-29-14
STATUS: January 29, 2014.--Introduced. June 2, 2014.--Mr. Durbin and Mr. Kirk added as cosponsors. S.1973 America INNOVATES Act (Introduced in Senate - IS) S 1973 IS 113th CONGRESS2d SessionS. 1973 To improve management of the National Laboratories, enhance technology commercialization, facilitate public-private partnerships, and for other purposes. IN THE SENATE OF THE UNITED STATESJanuary 29, 2014 Mr. COONS (for himself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve management of the National Laboratories, enhance technology commercialization, facilitate public-private partnerships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act' or the `America INNOVATES Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Under Secretary for Science and Energy. Sec. 102. National Laboratories operations and performance management. Sec. 103. Sense of Senate on an integrated strategy for National Laboratories in the 21st century. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Information and resources for startups and small businesses. Sec. 205. Funding competitiveness for institutions of higher education and other nonprofit institutions. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) DEPARTMENT- The term `Department' means the Department of Energy. (2) NATIONAL LABORATORY- The term `National Laboratory' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3) SECRETARY- The term `Secretary' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY. (a) In General- Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended-- (1) by striking `Under Secretary for Science' each place it appears and inserting `Under Secretary for Science and Energy'; and (2) in paragraph (4)-- (A) in subparagraph (F), by striking `and' at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by inserting after subparagraph (G) the following: `(H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and `(I) perform such functions and duties as the Secretary shall prescribe, consistent with this section.'. (b) Conforming Amendments- (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by striking `Under Secretary for Science' and inserting `Under Secretary for Science and Energy'. (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking `Under Secretary for Science' and inserting `Under Secretary for Science and Energy'. SEC. 102. NATIONAL LABORATORIES OPERATIONS AND PERFORMANCE MANAGEMENT. (a) In General- The Secretary shall ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) Evaluation, coordination, and promotion of transfer of National Laboratory research and development results to the market in collaboration with the Technology Transfer Coordinator. (2) Submission to the Secretary of reports describing recommendations for best practices for the National Laboratories including, with respect to management and operations procedures, conflict of interest regulations, engagement with the private sector, and technology transfer methodologies. (3) Implementation of other duties, as the Secretary determines appropriate, to improve the operations and performance of the National Laboratories. (b) Reporting- The Secretary, in consultation with the appropriate committees of Congress, shall provide an annual update on progress made in carrying out subsection (a), including the improvement of National Laboratory operations and performance and strategic departmental and National Laboratory coordination. SEC. 103. SENSE OF SENATE ON AN INTEGRATED STRATEGY FOR NATIONAL LABORATORIES IN THE 21ST CENTURY. It is the sense of the Senate that-- (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; and (2) Congress looks forward to-- (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration-- (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General- The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms- Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility- (1) IN GENERAL- Notwithstanding any other provision of law (including regulations), any National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) AGREEMENTS WITH NON-FEDERAL ENTITIES- To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with non-Federal entities, including non-Federal entities already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1). (3) RESTRICTION- The requirements of chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary- Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) 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-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension- The pilot program referred to in subsection (a) shall be extended for a term of 3 years after the date of enactment of this Act. (g) Report- Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (1) assesses the overall effectiveness of the pilot program referred to in subsection (a); (2) identifies opportunities to improve the effectiveness of the pilot program; (3) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (4) provides a recommendation regarding the future of the pilot program. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General- Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. (b) Agreements- Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration- (1) ACCOUNTABILITY- The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) CERTIFICATION- The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) AVAILABILITY OF RECORDS- On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) RATES- The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery. (d) Conforming Amendment- Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking `Each Federal agency' and inserting the following: `(1) IN GENERAL- Except as provided in paragraph (2), each Federal agency'; and (C) by adding at the end the following: `(2) EXCEPTION- Notwithstanding paragraph (1), in accordance with section 202(a) of the America INNOVATES Act, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.'; and (2) in subsection (b), by striking `subsection (a)(1)' each place it appears and inserting `subsection (a)(1)(A)'. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: `(g) Early-Stage Technology Demonstration- The Secretary shall permit the directors of the National Laboratories to use funds allocated for technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the Federal Government's research needs.'. SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS AND SMALL BUSINESSES. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: `(tt) Information- In carrying out the SBIR and STTR programs of the Department of Energy, the Secretary of Energy shall provide to small business concerns seeking funding under the programs information concerning resources that are available to small business concerns at National Laboratories and federally funded research and development centers.'. SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking `Except as provided in paragraphs (2) and (3)' and inserting `Except as provided in paragraphs (2), (3), and (4)'; and (2) by adding at the end the following: `(4) EXEMPTION FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS- `(A) IN GENERAL- Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). `(B) TERMINATION DATE- The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.'. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (1) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (2) whether the activities carried out under those projects result in-- (A) fiscal savings; (B) expansion of National Laboratory capabilities; (C) increased efficiency of technology transfers; or (D) an increase in general efficiency of the National Laboratory system.
S.1971 Jan-29-14
STATUS: January 29, 20214.--Introduced. June 9, 2014.--Mr. Udall (NM) added as cosponsor. June 19, 2014.--Mrs. Landrieu and Mr. Schatz added as cosponsors. June 25, 2014.--Subcommittee hearing held. S.1971 NEWS Act of 2014 (Introduced in Senate - IS) S 1971 IS 113th CONGRESS2d SessionS. 1971 To establish an interagency coordination committee or subcommittee with the leadership of the Department of Energy and the Department of the Interior, focused on the nexus between energy and water production, use, and efficiency, and for other purposes. IN THE SENATE OF THE UNITED STATESJanuary 29, 2014 Ms. MURKOWSKI (for herself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish an interagency coordination committee or subcommittee with the leadership of the Department of Energy and the Department of the Interior, focused on the nexus between energy and water production, use, and efficiency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Nexus of Energy and Water for Sustainability Act of 2014' or the `NEWS Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) DIRECTOR- The term `Director' means the Director of the Office of Science and Technology Policy. (2) ENERGY-WATER NEXUS- The term `energy-water nexus' means the link between-- (A) energy efficiency and the quantity of water needed to produce fuels and energy; and (B) the quantity of energy needed to transport, reclaim, and treat water. (3) NSTC- The term `NSTC' means the National Science and Technology Council. (4) COMMITTEE OR SUBCOMMITTEE- The term `Committee or Subcommittee' means the Committee on Energy-Water Nexus for Sustainability or the Subcommittee on Energy-Water Nexus for Sustainability, whichever is established by section 3(a). SEC. 3. INTERAGENCY COORDINATION COMMITTEE. (a) Establishment- The Director shall establish either a committee or a subcommittee under the NSTC, to be known as either the Committee on Energy-Water Nexus for Sustainability or the Subcommittee on Energy-Water Nexus for Sustainability, to carry out the duties described in subsection (c). (b) Administration- (1) CHAIRS- The Secretary of Energy and Secretary of the Interior shall serve as co-chairs of the Committee or Subcommittee. (2) MEMBERSHIP; STAFFING- Membership and staffing shall be determined by the NSTC. (c) Duties- The Committee or Subcommittee shall-- (1) serve as a forum for developing common Federal goals and plans on energy-water nexus issues; (2) promote coordination of the activities of all Federal departments and agencies on energy-water nexus issues, including the activities of-- (A) the Department of Energy; (B) the Department of the Interior; (C) the Corps of Engineers; (D) the Department of Agriculture; (E) the Department of Defense; (F) the Department of State; (G) the Environmental Protection Agency; (H) the Council on Environmental Quality; (I) the National Institute of Standards and Technology; (J) the National Oceanic and Atmospheric Administration; (K) the National Science Foundation; (L) the Office of Management and Budget; (M) the Office of Science and Technology Policy; and (N) such other Federal departments and agencies as the Director or the Committee or Subcommittee consider appropriate; and (3)(A) coordinate and develop capabilities for data collection, categorization, and dissemination of data from and to other Federal departments and agencies; and (B) engage in information exchange between Federal departments and agencies-- (i) to identify and document Federal and non-Federal programs and funding opportunities that support basic and applied research, development, and demonstration proposals to advance the state of energy-water nexus related science and technologies; (ii) if practicable, to leverage existing programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and (iii) to identify opportunities for public-private partnerships, innovative financing mechanisms, and grant challenges. (d) Review; Termination- At the end of the 10-year period beginning on the date on which the Committee or Subcommittee is established, the Director-- (1) shall review the activities of the Committee or Subcommittee and determine the relevance and effectiveness of the Committee or Subcommittee; and (2) based on the determination made under paragraph (1), may terminate the Committee or Subcommittee. SEC. 4. CROSSCUT BUDGET. Not later than 30 days after the President submits the budget of the United States Government under section 1105 of title 31, United States Code, the Director of the Office of Management and Budget shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a report that contains-- (1) an interagency budget crosscut report that-- (A) displays the budget proposed, including any interagency or intraagency transfer, for each of the Federal agencies that carry out energy-water nexus projects for the upcoming fiscal year, separately showing funding requested under both preexisting authorities and under the new authorities granted by this Act; and (B) identifies all expenditures since 2011 by the Federal and State governments on energy-water nexus projects; (2) a detailed accounting of all funds received and obligated by all Federal agencies and State agencies responsible for implementing energy-water nexus projects during the previous fiscal year; (3) a budget for the proposed energy-water nexus projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for energy-water nexus programs; and (4) a listing of all energy-water nexus projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for those projects.
S.1967 Jan-28-14
STATUS: January 28, 2014.--Introduced. S.1967 Inventoried Roadless Area Management Act (Introduced in Senate - IS) S 1967 IS 113th CONGRESS2d SessionS. 1967 To provide for the management of certain inventoried roadless areas, and for other purposes. IN THE SENATE OF THE UNITED STATESJanuary 28, 2014 Mr. BARRASSO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the management of certain inventoried roadless areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Inventoried Roadless Area Management Act'. SEC. 2. MANAGEMENT OF INVENTORIED ROADLESS AREAS. (a) Finding- Congress finds that, for purposes of the second roadless area review and evaluation program (RARE II) and the land and resource management plan revision process under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), the National Forest System land described in subsection (c) has been adequately studied for wilderness designation and should not be recommended as potential additions to the National Wilderness Preservation System. (b) Release- The National Forest System land described in subsection (c)-- (1) is no longer subject to the land use restrictions of the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations); and (2) shall not be managed to preserve roadless or wilderness characteristics. (c) Description of Land- The National Forest System land referred to in subsections (a) and (b) is each of the inventoried roadless areas within the National Forest System in the State of Wyoming, as set forth in the maps contained in the Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000.
S.1966 Jan-28-14
STATUS: January 28, 2014.--Introduced. February 6, 2014.--Committee hearing held. S.1966 National Forest Jobs and Management Act of 2014 (Introduced in Senate - IS) S 1966 IS 113th CONGRESS2d SessionS. 1966 To provide for the restoration of the economic and ecological health of National Forest System land and rural communities, and for other purposes. IN THE SENATE OF THE UNITED STATESJanuary 28, 2014 Mr. BARRASSO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the restoration of the economic and ecological health of National Forest System land and rural communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `National Forest Jobs and Management Act of 2014'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Projects in Forest Management Emphasis Areas. Sec. 5. Administrative review; arbitration. Sec. 6. Distribution of revenue. Sec. 7. Performance measures; reporting. Sec. 8. Termination. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to create a predictable wood supply from National Forest System land that can be harvested, processed, and sold as wood products-- (A) to preserve and create jobs; (B) to generate revenue to be shared with counties; and (C) to strengthen rural economies; (2) to reduce the uncertainty and costs to the Forest Service of planning and implementing timber management, forest restoration, and community wildfire protection projects on National Forest System land; and (3) to promote the use of timber harvest as a method to achieve forest management goals on a portion of non-reserved National Forest System land. SEC. 3. DEFINITIONS. In this Act: (1) COVERED PROJECT- The term `covered project' means a project that involves the management or sale of national forest material within a Forest Management Emphasis Area. (2) FOREST MANAGEMENT EMPHASIS AREA- (A) IN GENERAL- The term `Forest Management Emphasis Area' means National Forest System land identified as suitable for timber production in a forest management plan in effect on the date of enactment of this Act. (B) EXCLUSIONS- The term `Forest Management Emphasis Area' does not include National Forest System land-- (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) NATIONAL FOREST MATERIAL- The term `national forest material' means trees, portions of trees, or forest products, with an emphasis on sawtimber and pulpwood, derived from National Forest System land. (4) NATIONAL FOREST SYSTEM- (A) IN GENERAL- The term `National Forest System' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (B) EXCLUSION- The term `National Forest System' does not include-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (5) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 4. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS. (a) Conduct of Covered Projects Within Forest Management Emphasis Areas- (1) IN GENERAL- The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) DESIGNATING TIMBER FOR CUTTING- (A) IN GENERAL- Notwithstanding section 14(g) of the National Forest Management Act of 1976 (16 U.S.C. 472a(g)), the Secretary may use designation by prescription or designation by description in conducting covered projects under this Act. (B) REQUIREMENT- The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) CONTRACTING METHODS- (A) IN GENERAL- Timber sale contracts under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall be the primary means of carrying out covered projects under this Act. (B) RECORD- If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) to carry out a covered project under this Act, the Secretary shall provide a written record specifying the reasons that different contracting methods were used. (4) ACREAGE TREATMENT REQUIREMENTS- (A) TOTAL ACREAGE REQUIREMENTS- The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) ASSIGNMENT OF ACREAGE TREATMENT REQUIREMENTS TO INDIVIDUAL UNITS OF THE NATIONAL FOREST SYSTEM- (i) IN GENERAL- Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) LIMITATION- Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental Analysis and Public Review Process for Covered Projects in Forest Management Emphasis Areas- (1) ENVIRONMENTAL ASSESSMENT- The Secretary shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a Forest Management Emphasis Area, except that the Secretary shall not be required to study, develop, or describe more than the proposed agency action and 1 alternative to the proposed agency action for purposes of that Act. (2) PUBLIC NOTICE AND COMMENT- In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide-- (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) LENGTH- The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) INCLUSION OF CERTAIN DOCUMENTS- The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) DEADLINE FOR COMPLETION- Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance With Endangered Species Act- To comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall use qualified professionals on the staff of the Forest Service to make determinations required under section 7 of that Act (16 U.S.C. 1536). (d) Limitation on Revision of National Forest Plans- The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), reduce the acres designated as suitable for timber harvest under a covered project, unless the Secretary determines, in consultation with the Secretary of the Interior, that the reduction in acreage is necessary to prevent a jeopardy finding under section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)). SEC. 5. ADMINISTRATIVE REVIEW; ARBITRATION. (a) Administrative Review- Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (b) Arbitration- (1) IN GENERAL- There is established in the Department of Agriculture a pilot program that-- (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 4(a)(4)(B). (2) ARBITRATION PROCESS PROCEDURES- (A) IN GENERAL- Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with-- (i) chapter 1 of title 9, United States Code; and (ii) this paragraph. (B) REQUIREMENTS FOR DEMAND- A demand for arbitration under subparagraph (A) shall-- (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) INTERVENING PARTIES- (i) DEADLINE FOR SUBMISSION; REQUIREMENTS- Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) MULTIPLE PARTIES- Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) APPOINTMENT OF ARBITRATOR- The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) SELECTION OF PROPOSALS- (i) IN GENERAL- An arbitrator appointed under subparagraph (D)-- (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted-- (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) SELECTION CRITERIA- An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 4(b)(1) for the covered project. (iii) EFFECT- The decision of an arbitrator with respect to a selection under clause (i)(II)-- (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) DEADLINE FOR COMPLETION- Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. SEC. 6. DISTRIBUTION OF REVENUE. (a) Payments to Counties- (1) IN GENERAL- Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 8, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) LIMITATION- A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds- After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the `Knutson-Vandenberg Act') (16 U.S.C. 576b) and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)) in contributions equal to the amounts otherwise collected under those Acts for projects conducted on National Forest System land. (c) Deposit in General Fund of the Treasury- After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. SEC. 7. PERFORMANCE MEASURES; REPORTING. (a) Performance Measures- The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving-- (1) the purposes of this Act; and (2) the minimum acreage requirements established under section 4(a)(4). (b) Annual Reports- Annually, 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-- (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes-- (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 5; and (B) the outcomes of the administrative review and arbitration under that section. SEC. 8. TERMINATION. The authority of this Act terminates on the date that is 15 years after the date of enactment of this Act.
S.1965 Jan-28-14
STATUS: January 28, 2014.--Introduced. February 27, 2014.--Subcommittee hearing held. June 3, 2014.--Mr. Walsh added as cosponsor. June 18, 2014.--Full committee business meeting. Ordered reported without amendment favorably. July 31, 2014.--Reported without amendment. S. Rept. 113-228. July 31, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 515] S.1965 To amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services. (Introduced in Senate - IS) S 1965 IS 113th CONGRESS2d SessionS. 1965 To amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services. IN THE SENATE OF THE UNITED STATESJanuary 28, 2014 Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the East Bench Irrigation District Water Contract Extension Act to permit the Secretary of the Interior to extend the contract for certain water services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EAST BENCH IRRIGATION DISTRICT CONTRACT EXTENSION. Section 2(1) of the East Bench Irrigation District Water Contract Extension Act (Public Law 112-139; 126 Stat. 390) is amended by striking `4 years' and inserting `10 years'.
H.Res.1963 Dec-09-13
Status: May 14, 2013.--Introduced in House. October 22, 2013.--Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-249. December 3, 2013.--Passed/agreed to in House. H. Rept. 113-249. December 9, 2013.--Referred to Senate. June 18, 2014.--Full Committee Business Meeting. Ordered to be reported with an amendment in the nature of a substitute favorably. July 31, 2014.--Reported with an amendment in nature of a substitute. S. Rept. 113-231. July 31, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 518] H.R.1963 Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act (Referred in Senate - RFS) HR 1963 RFS 113th CONGRESS1st Session H. R. 1963IN THE SENATE OF THE UNITED STATESDecember 9, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Water Conservation and Utilization Act to authorize the development of non-Federal hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act'. SEC. 2. AMENDMENT. Section 9 of the Act entitled `An Act authorizing construction of water conservation and utilization projects in the Great Plains and arid semiarid areas of the United States', approved August 11, 1939 (16 U.S.C. 590z-7; commonly known as the `Water Conservation and Utilization Act'), is amended-- (1) by striking `In connection with' and inserting `(a) In connection with'; and (2) by adding at the end the following: `(b) Notwithstanding subsection (a), the Secretary is authorized to enter into leases of power privileges for electric power generation in connection with any project constructed under this Act, and shall have authority in addition to and alternative to any authority in existing laws relating to particular projects, including small conduit hydropower development. `(c) When entering into leases of power privileges under subsection (b), the Secretary shall use the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). `(d) Lease of power privilege contracts shall be at such rates as, in the Secretary's judgment, will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Lease of power privilege contracts shall be for periods not to exceed 40 years. `(e) No findings under section 3 shall be required for a lease under subsection (b). `(f) All right, title, and interest to installed power facilities constructed by non-Federal entities pursuant to a lease of power privilege, and direct revenues derived therefrom, shall remain with the lessee unless otherwise required under subsection (g). `(g) Notwithstanding section 8, lease revenues and fixed charges, if any, shall be covered into the Reclamation Fund to be credited to the project from which those revenues or charges were derived. `(h) When carrying out this section, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable timeframe for the irrigation district or water users association to accept or reject a lease of power privilege offer. If the irrigation district or water users association elects not to accept a lease of power privilege offer under subsection (b), the Secretary shall offer the lease of power privilege to other parties using the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). `(i) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this section, excluding siting of associated transmission facilities on Federal lands. `(j) Nothing in this section shall obligate the Western Area Power Administration or the Bonneville Power Administration to purchase or market any of the power produced by the facilities covered under this section and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. `(k) Nothing in this section shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved and shall not create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or legally organized water users association operating the transferred conduit in advance of offering the lease of power privilege and shall prescribe such terms and conditions necessary to adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. `(l) Nothing in this section shall alter or affect any agreements in effect on the date of the enactment of the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act for the development of conduit hydropower projects or disposition of revenues. `(m) In this section: `(1) The term `conduit' means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. `(2) The term `irrigation district' means any irrigation, water conservation or conservancy, multi-county water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. `(3) The term `reserved conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. `(4) The term `transferred conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. `(5) The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.'. Passed the House of Representatives December 3, 2013. Attest: KAREN L. HAAS, Clerk.