Committee Legislation

Bill Introduced Description
S.1308 Jul-16-13
STATUS: July 16, 2013.--Introduced. S.1308 Energy Savings Through Public-Private Partnerships Act of 2013 (Introduced in Senate - IS) S 1308 IS 113th CONGRESS1st SessionS. 1308 To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. COONS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. 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 `Energy Savings Through Public-Private Partnerships Act of 2013'. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Implementation of Identified Energy Efficiency Measures- Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended to read as follows: `(4) IMPLEMENTATION OF IDENTIFIED ENERGY EFFICIENCY MEASURES- `(A) IN GENERAL- Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider-- `(i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and `(ii) bundling individual measures of varying paybacks together into combined projects. `(B) MEASURES NOT IMPLEMENTED- The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A).'. (b) Annual Contracting Goal- Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended-- (1) by striking `Each Federal agency' and inserting the following: `(i) IN GENERAL- Each Federal agency'; and (2) by adding at the end the following new clauses: `(ii) TRACKING- Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. `(iii) CONSIDERATION- Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). `(iv) CONTRACTING GOAL- It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. `(v) REPORT TO CONGRESS- Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal.'.
S.1305 Jul-16-13
STATUS: July 16, 2013.--Introduced. S.1305 Lake Hill Administrative Site Affordable Housing Act (Introduced in Senate - IS) S 1305 IS 113th CONGRESS1st SessionS. 1305 To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. 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 `Lake Hill Administrative Site Affordable Housing Act'. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Summit County, Colorado. (2) LAKE HILL ADMINISTRATIVE SITE- The term `Lake Hill Administrative Site' means the parcel of approximately 40 acres of National Forest System land in the County, as depicted on the map entitled `Lake Hill Administrative Site' and dated June 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 3. CONVEYANCE OF FOREST SERVICE LAKE HILL ADMINISTRATIVE SITE, SUMMIT COUNTY, COLORADO. (a) Conveyance Authority- Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note) to convey to the County all right, title, and interest of the United States in and to the Forest Service Lake Hill Administrative Site. (b) Application of Law- (1) TREATMENT AS ADMINISTRATIVE SITE- The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note). (2) EXCEPTION- Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs- The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a).
S.1301 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 30, 2013.--Hearing by Subcommittee (25) December 19, 2013.--Ordered to be reported with an amendment in the nature of a substitute favorably. June 2, 2014.--Reported with an amendment in the nature of a substitute. S. Rept.No. 113-180. June 2, 2014.--Placed on Senate Legislative Calendar [Calendar No. 407]. S.1301 Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 (Introduced in Senate - IS) S 1301 IS 113th CONGRESS1st SessionS. 1301 To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. WYDEN (for himself and Mr. MERKLEY) 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 forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. 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 `Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to conserve and restore the eastside National Forests of the State; (2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies in the communities of the eastside National Forests of the State; (3) to make the eastside National Forests of the State more resistant and resilient to, and to mitigate the effects of, climate change; (4) to protect, restore, and increase old-growth forest stands and trees in the eastside National Forests of the State; (5) to promote collaboration in the communities of the eastside National Forests of the State to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies; (6) to prioritize, strategically target, and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside National Forests of the State; and (7) to provide the Secretary, collaborative groups, and the public with independent scientific advice for restoring forest health and watershed health in the eastside National Forests of the State. SEC. 3. DEFINITIONS. In this Act: (1) ADVISORY PANEL- The term `advisory panel' means the Eastside Forest Scientific and Technical Advisory Panel established under section 6(a). (2) COLLABORATIVE GROUP- The term `collaborative group' means a group of individuals that meets the requirements of section 8(a)(2). (3) COVERED AREA- The term `covered area' means the area selected by the Secretary under section 4(a)(1) that is-- (A) within the State; and (B) not within the area covered by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994. (4) DECISION NOTICE- The term `Decision Notice' means the decision notice entitled `Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales, United States Forest Service Region 6, Colville, Deschutes, Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema National Forests in Oregon and Washington' and approved by the Pacific Northwest Regional Forester on June 6, 1995. (5) EMERGENCY CONDITION- The term `emergency condition' means a condition-- (A) that results in an-- (i) imminent risk to life or property; or (ii) immediate impairment of the public use and enjoyment of a trail, road, highway, public facility, or public land; and (B) with respect to subparagraph (A)(ii), the urgency to address the emergency of which outweighs the benefits of full notice and comment. (6) FOREST HEALTH- The term `forest health' means conditions that enable forested land-- (A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while-- (i) supporting ecosystem services and populations of native species; and (ii) allowing for natural disturbances; (B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers-- (i) historic variability; and (ii) anticipated future conditions; and (C) to be resistant and resilient to uncharacteristic events. (7) FOREST STAND- The term `forest stand' means a contiguous group of trees that are sufficiently uniform in age-class distribution, composition, and structure and that are growing on a site of sufficiently uniform quality to be a distinguishable unit. (8) INITIATIVE- The term `Initiative' means an initiative established by the Secretary-- (A) to restore and improve the ecological structure, composition, and function and the natural processes of watersheds within the National Forest System; (B) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (C) to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of National Forest System land; (D) to promote cooperation and collaboration in the management of National Forest System land; (E) to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration, hazardous fuel reduction, and other vegetation management projects; (F) to collect information from the projects carried out under this Act in an effort to better understand the manner in which to improve forest restoration and management activities; (G) that includes all National Forest System land within the covered area; and (H) under which not more than 15 National Forests may be selected to participate. (9) INVENTORIED ROADLESS AREA- The term `inventoried roadless area' means 1 of the areas identified in the set of inventoried roadless area maps contained in the Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000. (10) NATIONAL FOREST SYSTEM- 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)). (11) PILOT LANDSCAPE- The term `pilot landscape' means a National Forest entirely within the covered area on which a project is being carried out under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) as of January 1, 2013. (12) PLANT ASSOCIATION- (A) IN GENERAL- The term `plant association' means a description of a plant community that-- (i) would potentially, in the absence of a disturbance, occupy a site; and (ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity. (B) INCLUSION- The term `plant association' includes, with respect to a forested site, species representing tree, shrub, and herbaceous layers. (13) SECRETARY- The term `Secretary' means the Secretary of Agriculture (acting through the Chief of the Forest Service). (14) STATE- The term `State' means the State of Oregon. (15) UNCHARACTERISTIC- The term `uncharacteristic' means a wildfire, insect, or pathogen outbreak or level of forest fuel, the severity, size, frequency, or quantity of which exceeds the historic range of variability. (16) WATERSHED AREA- The term `watershed area' means 1 or more subwatersheds (also known as 6th code hydrologic units). (17) WATERSHED HEALTH- The term `watershed health' means landscape conditions that enable riparian and aquatic ecosystems-- (A) to capture, store, and release water, sediment, wood, and nutrients; (B) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph (A); and (C) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species. SEC. 4. LAND MANAGEMENT. (a) Application of the Initiative to the Covered Area- (1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Secretary shall select all or part of 1 or more National Forests in the State as part of the Initiative. (2) TERM- The selection under paragraph (1) shall be for a period of 15 years. (3) EFFECT- The provisions of this Act shall apply to the covered area. (b) Land Management Goals- (1) IN GENERAL- In the covered area, the Secretary shall, considering the best available science, seek-- (A) to conserve and restore forest health, watershed health, and other ecosystems; (B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (C) to allow for characteristic natural disturbances; and (D) to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C). (2) FOREST MANAGEMENT- To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities-- (A) to reduce the basal area in overstocked forest stands; (B) to increase the mean diameter of forest stands; (C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species; (D) to restore historic levels of within-forest stand spatial heterogeneity; (E) to conserve and restore old growth; (F) to conserve and restore population levels of older trees; (G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations; (H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health; (I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments); (J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape); (K) to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment, except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site; (L) to restore or maintain ecologically appropriate understory plant community composition and condition, including-- (i) by restoring and maintaining native ground cover; and (ii) by reducing the impacts of, and potential for, exotic and other invasive species; and (M) to increase stakeholder participation through collaborative groups. (c) Planning- To help to achieve the goals described in subsection (b), the Secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area. (d) Performance Goals- (1) IN GENERAL- Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance goals, in addition to the goals that are established by subsection (b), that the Secretary shall seek to achieve consistent with the purposes of this Act and the goals and opportunities described in subsection (b) for the covered area. (2) TERM- Subject to paragraph (3), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years. (3) ADDITIONS- The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2). (4) PRIORITIZATION- Subject to the limitations described in section 12(c), the Secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection. (5) RESTORATION GOALS- (A) IN GENERAL- Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (b), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement-- (i) projects that-- (I) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and (II) are conducted on-- (aa) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres; (bb) for the subsequent fiscal year, not less than 80,000 acres; and (cc) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 7, not less than 100,000 acres; and (ii) for each fiscal year after the fiscal year specified in subparagraph clause (i)(II)(cc), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres. (B) ANNUAL GOALS- (i) IN GENERAL- Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 8 and each fiscal year thereafter until the date on which the Initiative is completed, the Secretary may, subject to clause (ii), set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b). (ii) CONSIDERATIONS- In setting goals under clause (i), the Secretary shall consider-- (I) any specific recommendations of the advisory panel relating to acreage treatment needs; and (II) advice provided by a collaborative group relating to acreage treatment needs. (C) PRIORITY FOR RESTORATION GOALS- In seeking to meet the restoration goals established under subparagraph (A) or (B), the Secretary shall prioritize for treatment-- (i) any area located on a pilot landscape; and (ii) any area that has opportunities for reduced planning and implementation costs because of-- (I) opportunities to work with a collaborative group on the project; or (II) opportunities to use non-Federal resources to complete the project. (e) Prohibitions on Removal of Certain Trees- (1) OLDER TREES- Except as provided in paragraph (2), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area that is 150 years of age or older measured at breast height. (2) ADMINISTRATIVE EXCEPTIONS- (A) IN GENERAL- The prohibition described in paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative, public, or special use. (B) NOTICE REQUIREMENT- The Secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition. (C) APPLICATION OF DECISION NOTICE- (i) IN GENERAL- Subject to clause (ii), if the Secretary, after considering the recommendations of the relevant collaborative group or the recommendations report issued under section 6(d), determines that the prohibition in paragraph (1) is infeasible to implement for a specific vegetation management project, the Secretary shall apply the Decision Notice with respect to the specific vegetation management project. (ii) REQUIREMENT- In applying the Decision Notice to a specific vegetation management project under clause (i), the Secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than 21 inches in diameter at breast height that are younger than 150 years old at breast height, the cutting or removal of which is necessary to meet the land management goals described in subsection (b)(1). (f) Limitations on Road Construction- In carrying out any vegetation management project in the covered area, the Secretary shall-- (1) not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (2) by the earlier of the date on which the vegetation management project is completed or the date that is 1 year after the activities for which the road was constructed are complete, decommission any temporary road constructed to carry out the vegetation management project by-- (A) reestablishing vegetation on the road; and (B) restoring any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road, including by removing or hydrologically disconnecting the road prism. SEC. 5. WATERSHED MANAGEMENT. (a) Aquatic and Riparian Resources Management- (1) IN GENERAL- Within the covered area, each vegetation management project in an area delineated under subsection (b) shall protect and restore the aquatic and riparian-dependent resources of the delineated area. (2) EFFECTS- A project described in paragraph (1) may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term. (b) Delineation of Areas- (1) FISH-BEARING STREAMS- The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the 100-year floodplain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 2 site-potential trees; and (E) a slope distance of not less than 300 feet. (2) PERMANENTLY FLOWING NON-FISHBEARING STREAMS- The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the 100-year flood plain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of not less than 150 feet. (3) PONDS, LAKES, RESERVOIRS, AND WETLANDS LARGER THAN 1 ACRE- The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include-- (A) the outer edges of the riparian vegetation; (B) the extent of the seasonally saturated soil; (C) the extent of moderately and highly unstable areas; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of-- (i) if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (4) INTERMITTENT STREAMS, WETLANDS LESS THAN 1 ACRE, LANDSLIDES, AND LANDSLIDE-PRONE AREAS- The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the riparian vegetation; (C) a distance equal to the height of 1 site-potential tree; and (D) a slope distance of-- (i) if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (c) Aquatic and Riparian Protection- (1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area. (2) MODIFICATIONS- The Secretary may modify the aquatic and riparian protection requirements described in paragraph (1) if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements. SEC. 6. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL. (a) In General- Not later than 90 days after the date on which the Secretary selects the covered area, the Secretary shall establish an advisory panel-- (1) to be known as the `Eastside Forest Scientific and Technical Advisory Panel'; and (2) to advise the Secretary, collaborative groups, and the public regarding the development and implementation of-- (A) goals to improve forest health, watershed health, and related social and economic goals in the covered area; and (B) projects needed to accomplish the purposes of this Act. (b) Composition- The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following: (1) Silviculture. (2) Timber economics. (3) Road and logging engineering. (4) Soil science and geology. (5) Ecosystem services or natural resources economics. (6) Community economics or ecosystem workforce development. (7) Forest ecology. (8) Aquatic and riparian ecology. (9) Wildlife ecology. (10) Fish Ecology. (11) Ecological restoration. (12) Invasive species control and eradication. (13) Wildland fire. (14) Hydrology. (15) Forest carbon life-cycle and sequestration. (16) Social science. (c) Appointments- The Secretary shall-- (1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and (2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), professional societies, and other interested organizations and persons. (d) Duties- (1) RECOMMENDATIONS REPORT- (A) IN GENERAL- Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, after considering the best available science and information, shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the purposes and goals and consider the opportunities described in section 4(b). (B) REQUIREMENTS- The report shall provide recommendations based on the best available science-- (i) for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 4(b); (ii) for increasing local capacity to accomplish the goals and consider the opportunities described in section 4(b); (iii) for hydrologically and ecologically restoring land and water by-- (I) decommissioning unnecessary and undesirable roads; and (II) reducing the environmental impact of necessary and desirable roads; and (iv) for each relevant plant association group-- (I) for protecting and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; (II) for the types of activities necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire, and other appropriate activities); (III) for cases in which the cutting or removal of trees described in section 4(e)(1) would generally be considered to be ecologically appropriate; and (IV) for cases in which the cutting or removal of trees described in section 4(e)(2)(C) would generally be considered to be ecologically appropriate. (C) ADMINISTRATION- (i) IN GENERAL- To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report. (ii) INCLUSION OF DISSENTING OPINIONS- If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report, the report shall include each dissenting opinion relating to the recommendation. (2) REVIEW REPORT- Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing-- (A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and (B) an assessment of the implementation of the recommendations made under paragraph (1). SEC. 7. ECOLOGICAL RESTORATION PROJECTS. (a) In General- As soon as practicable after the date on which the Secretary selects the covered area, the Secretary shall, considering the opportunities described in section 4(b)(2), implement ecological restoration projects in the covered area to further the goals described in section 4(b). (b) Landscape-Scale Projects- Subject to the availability of appropriations in accordance with section 12, the Secretary shall, to the maximum extent practicable, implement 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area not later than 3 years after the date on which the Secretary selects the covered area. (c) Requirements- In developing and implementing ecological restoration projects under this section, the Secretary shall consider-- (1) the best available science and data; (2) the recommendations of the advisory panel; and (3) the views of the relevant collaborative groups. (d) Net Road Reduction- In developing ecological restoration projects under this Act, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable. (e) Prioritization- (1) IN GENERAL- The Secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection (c) and based on the degree to which the ecological restoration projects would improve forest health and watershed health, based on-- (A) dry and moist forest plant association groups; and (B) the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section 4(b). (2) INCLUSIONS- In carrying out this section, the types of projects the Secretary shall consider to be priority projects include projects that-- (A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including-- (i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and (ii) valuable forest structures (including old growth and older mature trees); (B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability; (C) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by-- (i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and (ii) retaining biological legacies (including large standing, downed, live, and dead trees); (D) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); (E) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects; (F) meet local and rural community needs through a source that is selected on a best-value basis; and (G) reduce the permanent road system to improve forest health and watershed health. SEC. 8. COLLABORATION. (a) Collaborative Groups- (1) IN GENERAL- To assist in the development of the projects needed to accomplish the purposes of this Act in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in paragraph (2). (2) COLLABORATIVE GROUPS- A collaborative group under paragraph (1) means a group that-- (A) is interested in the implementation of this Act; (B) includes multiple individuals representing diverse interests that include-- (i) environmental organizations; (ii) timber and forest products industry representatives; and (iii) county governments; (C) operates-- (i) in a transparent and nonexclusive manner; and (ii) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and (D) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision. (b) Multiparty Monitoring- The Secretary, in consultation with the relevant collaborative groups, may develop a multiparty monitoring plan for any vegetation management project carried out under this Act. SEC. 9. LARGE SCALE ENVIRONMENTAL IMPACT STATEMENT. (a) Congressional Finding- Congress finds that it is expected that the environmental impact statement described in subsection (b) would be adequate to support the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects implemented under this section, as documented in subsequent agency decision documents. (b) Requirements- The Secretary shall prepare a large scale environmental impact statement that is adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support a record of decision for vegetation management projects under this section in National Forests in the eastern part of the State for projects-- (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types; (2) that are located on a pilot landscape; (3) that are endorsed by or the product of a collaborative group; and (4) no portion of which are located in an inventoried roadless area. (c) Completion Date- The Secretary shall complete the record of decision for the large scale environmental impact statement under subsection (b) not later than 1 year after the date of enactment of this Act. (d) Timeliness- Any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than 120 days after the record of decision is signed by the Secretary. SEC. 10. COOPERATIVE PARTNERSHIP. (a) Forest Planning- Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law 104-134) is amended by inserting after `may include' the following: `expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013) and'. (b) Cooperative Forest Innovation Partnership Projects- Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is amended by adding at the end the following: `(d) Regulations- Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act. `(e) Cooperation With State Governments- `(1) IN GENERAL- Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall carry out a project to support the ability of the Department of Agriculture to address the restoration of forests in cooperation with States. `(2) ELIGIBLE AREAS- A project under paragraph (1) may be carried out on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013). `(3) FUNDING- The Secretary shall use not more than 5 percent of the funds for the `Forest Health-Federal Lands' budget line item made available under the State and Private Forestry appropriation to pay not more than 50 percent of the total cost of carrying out a project under paragraph (1).'. SEC. 11. ADMINISTRATION. (a) Effect- Nothing in this Act affects-- (1) any right described in a treaty between an Indian tribe and the United States; or (2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans. (b) No Retroactive Effect During Transition- (1) VEGETATION MANAGEMENT PROJECTS- The provisions of this Act shall not apply to a vegetation management project that is-- (A) initiated, either through a scoping notice or a notice of intent, more than 180 days before the date on which the Secretary selects the covered area under section 4(a)(1); or (B) approved or under contract before the date on which the Secretary selects the covered area under section 4(a)(1). (2) RECOMMENDATIONS REPORT- The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed. (3) FOREST PLANS- The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan. (c) Applicable Law- The Secretary shall carry out this Act in accordance with applicable law (including regulations). (d) Principal Agency Contact- (1) SELECTION- The Secretary shall select a principal agency contact for the implementation of this Act. (2) DUTIES- The principal agency contact shall-- (A) serve as the point-of-contact for the advisory panel; and (B) facilitate communications among-- (i) the advisory panel; (ii) collaborative groups; (iii) employees of the Forest Service; and (iv) any other stakeholders (including the public). (e) Reporting- (1) IN GENERAL- The Secretary shall prepare a report on the implementation of this Act-- (A) not later than 5 years after the date on which the Secretary selects the covered area; and (B) 2 years before the date referred to in subsection (e)(1). (2) CONTENTS- The reports required under paragraph (1) shall, for each National Forest in the covered area, assess the progress toward accomplishing-- (A) the purposes of this Act; and (B) the performance goals established under section 4(d). (f) Termination of Authority- (1) IN GENERAL- The authorities under this Act (other than the authorities under sections 4(e) and 5(c)) shall terminate on the date that is 15 years after the date of enactment of this Act. (2) EFFECT- Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General- Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended. (b) Use- Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this Act. (c) Limitation- Amounts expended to carry out provisions of this Act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the Secretary for use in-- (1) other National Forests not included in the covered area; (2) other States; or (3) other Regions of the Forest Service.
S.1300 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 18, 2013.--Mr. Baucus added as cosponsor. July 30, 2013.--Hearing by subcommittee. (25) August 1, 2013.--Mr. Barrasso added as cosponsor. September 9, 2013.--Mr. Heinrich added as cosponsor. September 19, 2013.--Mr. Enzi added as cosponsor. September 24, 2013.--Mr. Tester added as cosponsor. October 7, 2013.--Mr. Udall of New Mexico added as cosponsor. December 19, 2013.--Ordered to be reported with amendments favorably. June 2, 2014.--Reported with amendments. S.Rpt. 113-179. June 2, 2014.--Placed on Senate Legislative Calendar [Calendar No. 406.] S.1300 Stewardship Contracting Reauthorization and Improvement Act (Introduced in Senate - IS) S 1300 IS 113th CONGRESS1st SessionS. 1300 To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. FLAKE (for himself, Mr. MCCAIN, Mr. CRAPO, Mr. RISCH, and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. 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 `Stewardship Contracting Reauthorization and Improvement Act'. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General- Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) is amended by adding at the end the following: `SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS. `(a) Definitions- In this section: `(1) CHIEF- The term `Chief' means the Chief of the Forest Service. `(2) DIRECTOR- The term `Director' means the Director of the Bureau of Land Management. `(b) Projects- Until September 30, 2023, the Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. `(c) Land Management Goals- The land management goals of a project under subsection (b) may include-- `(1) road and trail maintenance or obliteration to restore or maintain water quality; `(2) soil productivity, habitat for wildlife and fisheries, or other resource values; `(3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; `(4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; `(5) watershed restoration and maintenance; `(6) restoration and maintenance of wildlife and fish; or `(7) control of noxious and exotic weeds and reestablishing native plant species. `(d) Agreements or Contracts- `(1) PROCUREMENT PROCEDURE- A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. `(2) CONTRACT FOR SALE OF PROPERTY- A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. `(3) TERM- `(A) IN GENERAL- Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. `(B) MAXIMUM- The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. `(4) OFFSETS- `(A) IN GENERAL- The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). `(B) METHODS OF APPRAISAL- The value of timber or other forest products used as an offset under subparagraph (A)-- `(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and `(ii) may-- `(I) be determined using a unit of measure appropriate to the contracts; and `(II) may include valuing products on a per-acre basis. `(5) CANCELLATION CEILINGS- `(A) IN GENERAL- The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. `(B) NOTICE- `(i) SUBMISSION TO CONGRESS- Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director 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 written notice that includes-- `(I)(aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and `(bb) the reasons for the cancellation ceiling amounts proposed under item (aa); `(II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and `(III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. `(ii) TRANSMITTAL TO OMB- At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). `(6) RELATION TO OTHER LAWS- Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b). `(7) CONTRACTING OFFICER- Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). `(8) FIRE LIABILITY PROVISIONS- Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- `(A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and `(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). `(e) Receipts- `(1) IN GENERAL- The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. `(2) USE- Monies from an agreement or contract under subsection (b)-- `(A) may be retained by the Chief and the Director; and `(B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. `(3) RELATION TO OTHER LAWS- `(A) IN GENERAL- Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. `(B) KNUTSON-VANDERBERG ACT- The Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). `(f) Costs of Removal- Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- `(1) the Act of August 11, 1916 (16 U.S.C. 490); and `(2) the Act of June 30, 1914 (16 U.S.C. 498). `(g) Performance and Payment Guarantees- `(1) IN GENERAL- The Chief and the Director may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). `(2) EXCESS OFFSET VALUE- If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director shall-- `(A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or `(B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. `(h) Monitoring and Evaluation- `(1) IN GENERAL- The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. `(2) PARTICIPANTS- Other than the Chief and Director, participants in the process described in paragraph (1) may include-- `(A) any cooperating governmental agencies, including tribal governments; and `(B) any other interested groups or individuals. `(i) Reporting- Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on-- `(1) the status of development, execution, and administration of agreements or contracts under subsection (b); `(2) the specific accomplishments that have resulted; and `(3) the role of local communities in the development of agreements or contract plans.'. (b) Offset- To the extent necessary, the Chief and the Director shall offset any direct spending authorized under section 602 of the Healthy Forests Restoration Act of 2003 (as added by subsection (a)) using any additional amounts that may be made available to the Chief or the Director for the applicable fiscal year. (c) Conforming Amendment- Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) is repealed.
S.1273 Jul-10-13
STATUS: July 10, 2013.--Introduced. July 23, 2013.--Committee Hearing held. S.1273 FAIR Act of 2013 (Introduced in Senate - IS) S 1273 IS 113th CONGRESS1st SessionS. 1273 To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. IN THE SENATE OF THE UNITED STATESJuly 10, 2013 Ms. MURKOWSKI (for herself, Ms. LANDRIEU, Mr. BEGICH, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. 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 `Fixing America's Inequities with Revenues Act of 2013' or the `FAIR Act of 2013'. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: `SEC. 9. DISPOSITION OF REVENUES. `(a) Definitions- In this section: `(1) ALTERNATIVE AND RENEWABLE ENERGY- The term `alternative and renewable energy' means energy derived from a wind, solar, or ocean (including tidal, wave, and current) source. `(2) COASTAL POLITICAL SUBDIVISION- The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- `(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and `(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. `(3) COASTAL STATE- `(A) IN GENERAL- The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf region adjacent to the State. `(B) EXCLUSION- The term `coastal State' does not include a coastal State, the majority of the coastline of which is subject to a leasing moratorium. `(4) DISTANCE- The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. `(5) LEASED TRACT- The term `leased tract' means a tract or other area leased or made available for the exploration, development, or production of oil, natural gas, or alternative or renewable energy. `(6) LEASING MORATORIUM- The term `leasing moratorium' means any State or Federal prohibition on the development of oil, natural gas, and alternative and renewable energy sources, including preleasing, leasing, and related activities, on the outer Continental Shelf. `(7) OUTER CONTINENTAL SHELF REGION- The term `outer Continental Shelf region' means-- `(A) the Alaska outer Continental Shelf region; `(B) the North Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(C) the Mid-Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(D) the South Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(E) the Gulf of Mexico outer Continental Shelf region; or `(F) the Pacific outer Continental Shelf region. `(8) SECRETARY- The term `Secretary' means the Secretary of the Interior. `(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources- `(1) IN GENERAL- Subject to the other provisions of this section, for fiscal year 2014 and each subsequent fiscal year-- `(A) the Secretary of the Interior shall deposit in a special account in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from the development of oil, natural gas, and alternative and renewable energy on the outer Continental Shelf; and `(B) the Secretary shall, in accordance with subsection (b), disburse-- `(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and `(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. `(2) EXCLUSIONS- The revenues described in paragraph (1) do not include-- `(A) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(B) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(C) revenues generated from leases-- `(i) subject to-- `(I) section 8(g); `(II) section 8(p)(2)(B); or `(III) the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432); or `(ii) in the Gulf of Mexico before the date of enactment of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(3) ALLOCATION AMONG COASTAL STATES AND COASTAL POLITICAL SUBDIVISIONS- `(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, the amount made available under paragraph (1) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. `(B) LIMITATION- The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State and within the outer Continental Shelf region of the coastal State. `(C) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS- `(i) IN GENERAL- The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under subparagraph (A), to the coastal political subdivisions of the coastal State. `(ii) ALLOCATION- The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4). `(iii) EXCEPTION FOR THE STATE OF ALASKA- For purposes of carrying out this subparagraph in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- `(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and `(II) 10 percent shall be divided equally among each county-equivalent subdivision of the State of Alaska, all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), that-- `(aa) is more than 200 nautical miles from the geographic center of a leased tract; and `(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers.'. SEC. 3. REVENUE SHARING FOR CERTAIN ONSHORE ENERGY SOURCES. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: `(d) Revenue Sharing for Certain Onshore Energy Sources- The Secretary of the Interior shall disburse 50 percent of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative or renewable onshore energy sources to the State within the boundaries of which the energy source is located.'. SEC. 4. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking subparagraphs (A) and (B) inserting the following: `(A) IN GENERAL- The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2013, from leases entered into on or after the date of enactment of Public Law 109-432 for the portions of the Western Gulf of Mexico planning area, the Central Gulf of Mexico planning area, and the Eastern Gulf of Mexico planning area not subject to a leasing moratorium under section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(B) EXCLUSIONS- The term `qualified outer Continental Shelf revenues' does not include-- `(i) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(ii) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT' under the heading `Bureau of Safety and Environmental Enforcement' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 995); `(iii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(iv) revenues generated from leases subject to subsection (g) or (p)(2)(B) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337).'. (b) Disposition of Qualified Outer Continental Shelf Revenues- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking `shall deposit' and all that follows through the period at the end of paragraph (2)(B) and inserting the following: `shall deposit-- `(1) in a special account in the Treasury-- `(A) 37.5 percent of qualified outer Continental Shelf revenues, which the Secretary shall disburse to Gulf producing States in accordance with subsection (b); and `(B) $62,500,000, which the Secretary shall disburse to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 4601-5); and `(2) the remainder of qualified outer Continental Shelf revenues in the general fund of the Treasury.'; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking `(1) ALLOCATION' and all that follows through `subsection (a)(2)(A)' in subparagraph (A) and inserting the following: `(1) ALLOCATION AMONG GULF PRODUCING STATES- `(A) IN GENERAL- Effective beginning in fiscal year 2014, the amount made available under subsection (a)(1)(A)'; (ii) in subparagraph (A)-- (I) by inserting `each historical lease site and the geographic center of the historical lease site, as determined by the Secretary' after `closest to the geographic center of'; and (II) by striking `the applicable leased tract and the geographic center of the leased tract'; and (iii) by striking subparagraph (B); (B) in paragraph (2), by striking `(2)' and all that follows through `(C) HISTORICAL LEASE SITES' and inserting `(B) HISTORICAL LEASE SITES'; (C) in paragraph (1)(B)(i) (as so redesignated)-- (i) by striking `subparagraph (A)(ii)' and inserting `subparagraph (A)'; and (ii) by striking `December 31, 2015' and inserting `December 31, 2012'; (D) by redesignating paragraph (3) as paragraph (2); and (E) in paragraph (2) (as so redesignated), in subparagraph (A), by striking `paragraphs (1) and (2)' and inserting `paragraph (1)'; and (3) by striking subsection (f) and inserting the following: `(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues- `(1) DISTRIBUTION TO GULF PRODUCING STATES- `(A) IN GENERAL- Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues distributed under subsection (a)(1)(A) shall not exceed $500,000,000 for fiscal year 2014. `(B) CAP INCREASE FOR GULF PRODUCING STATES- In the case of the qualified outer Continental Shelf revenues distributed to Gulf producing States under subsection (a)(1)(A), the cap on amounts specified in subparagraph (A) shall be for-- `(i) fiscal year 2015, $600,000,000; and `(ii) each of fiscal years 2016 through 2024, the applicable amount for the previous fiscal year increased by $100,000,000. `(C) SUBSEQUENT FISCAL YEARS- For fiscal year 2025 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(1)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). `(2) PRO RATA REDUCTIONS- If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(1)(A)-- `(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and `(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.'. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2013.
S.1268 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 11, 2013.--Committee Hearing held. (18) S.1268 To approve an agreement between the United States and the Republic of Palau. (Introduced in Senate - IS) S 1268 IS 113th CONGRESS1st SessionS. 1268 To approve an agreement between the United States and the Republic of Palau. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. WYDEN (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To approve an agreement between the United States and the Republic of Palau. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions- In this section: (1) AGREEMENT- The term `Agreement' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) COMPACT OF FREE ASSOCIATION- The term `Compact of Free Association' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review- (1) IN GENERAL- Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: `SEC. 105. RESULTS OF COMPACT REVIEW. `(a) In General- The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- `(1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and `(2) subject to the provisions of this section. `(b) Withholding of Funds- If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. `(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association- Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. `(d) Authorizations of Appropriations- There are authorized to be appropriated-- `(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and `(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.'. (2) OFFSET- Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding- (1) COMPACT SECTION 211(f) FUND- Section 1 of the Agreement shall be construed as though the section reads as follows: `SECTION 1. COMPACT SECTION 211(f) FUND. `The Government of the United States of America (the `Government of the United States') shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule-- `(1) $11,000,000 in fiscal year 2014; `(2) $3,000,000 in each of fiscal years 2015 through 2017; `(3) $2,000,000 in each of fiscal years 2018 through 2022; and `(4) $250,000 in fiscal year 2023.'. (2) INFRASTRUCTURE MAINTENANCE FUND- Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: `(a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the `Infrastructure Maintenance Fund') to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau will match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A to this Agreement.'. (3) FISCAL CONSOLIDATION FUND- Section 3 of the Agreement shall be construed as though the section reads as follows: `SEC. 3. FISCAL CONSOLIDATION FUND. `The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement.'. (4) DIRECT ECONOMIC ASSISTANCE- Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: `(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows-- `(1) $12,000,000 in fiscal year 2014; `(2) $11,500,000 in fiscal year 2015; `(3) $10,000,000 in fiscal year 2016; `(4) $8,500,000 in fiscal year 2017; `(5) $7,250,000 in fiscal year 2018; `(6) $6,000,000 in fiscal year 2019; `(7) $5,000,000 in fiscal year 2020; `(8) $4,000,000 in fiscal year 2021; `(9) $3,000,000 in fiscal year 2022; and `(10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement.'. (5) INFRASTRUCTURE PROJECTS- Section 5 of the Agreement shall be construed as though the section reads as follows: `SEC. 5. INFRASTRUCTURE PROJECTS. `The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.'. (d) Continuing Programs and Laws- Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking `2009' and inserting `2024'. (e) Passport Requirement- Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: `SEC. 141. PASSPORT REQUIREMENT. `(a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided that the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability-- `(1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; `(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or `(3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. `(b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. `(c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for-- `(1) in statutes or regulations of the United States; or `(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. `(d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.'.
S.1263 Jun-27-13
STATUS: June 27, 2013.--Introduced. S.1263 Douglas County Conservation Act of 2013 (Introduced in Senate - IS) S 1263 IS 113th CONGRESS1st SessionS. 1263 To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. HELLER (for himself and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, 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 `Douglas County Conservation Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--WILDERNESS AREA Sec. 101. Findings. Sec. 102. Addition to National Wilderness Preservation System. Sec. 103. Administration. Sec. 104. Fish and wildlife management. Sec. 105. Release of wilderness study area. Sec. 106. Native American cultural and religious uses. TITLE II--TRIBAL CULTURAL RESOURCES Sec. 201. Transfer of land to be held in trust for the Washoe Tribe. Sec. 202. Cooperative management agreement. TITLE III--PUBLIC CONVEYANCES Sec. 301. Conveyance to the State of Nevada. Sec. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area. Sec. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or local government for public purposes. Sec. 304. Conveyance and lease to Douglas County, Nevada. Sec. 305. Sale of certain Federal land. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Douglas County, Nevada. (2) PUBLIC LAND- The term `public land' has the meaning given the term `public lands' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) with respect to National Forest System land, the Secretary of Agriculture. acting through the Chief of the Forest Service; and (B) with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior. (4) STATE- The term `State' means the State of Nevada. (5) TRIBE- The term `Tribe' means the Washoe Tribe of Nevada and California. (6) WILDERNESS- The term `Wilderness' means the Burbank Canyon Wilderness designated by section 102(a). TITLE I--WILDERNESS AREA SEC. 101. FINDINGS. Congress finds that-- (1) public land in the County contains unique and spectacular natural resources, including-- (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those resources would benefit the County and all of the United States by-- (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality. SEC. 102. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 12,330 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Proposed Burbank Canyon Wilderness' and dated June 26, 2013, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Burbank Canyons Wilderness'. (b) Boundary- The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) National Landscape Conservation System- The Wilderness shall be administered as a component of the National Landscape Conservation System. (d) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the Wilderness. (2) EFFECT- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any minor error in the map or legal description. (3) AVAILABILITY- A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Withdrawal- Subject to valid existing rights, the Wilderness is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. SEC. 103. ADMINISTRATION. (a) In General- Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act-- (1) to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock- Within the Wilderness, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue subject to such reasonable regulations, policies, and practices as the Secretary concerned considers to be necessary in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (c) Incorporation of Acquired Land and Interests- Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent Management- (1) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military Overflights- Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Existing Airstrips- Nothing in this Act restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, Insect, and Disease Management- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned may take any measures in the Wilderness that the Secretary concerned determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary concerned determines to be necessary. (h) Water Rights- (1) FINDINGS- Congress finds that-- (A) the Wilderness is located-- (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any-- (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) PURPOSE- The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) STATUTORY CONSTRUCTION- Nothing in this Act-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) NEVADA WATER LAW- The Secretary concerned shall follow the procedural and substantive requirements of State law so as to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) NEW PROJECTS- (A) DEFINITION OF WATER RESOURCE FACILITY- (i) IN GENERAL- In this paragraph, the term `water resource facility' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) EXCLUSION- The term `water resource facility' does not include wildlife guzzlers. (B) RESTRICTION ON NEW WATER RESOURCE FACILITIES- Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within any wilderness area, including a portion of a wilderness area, that is located in the County. SEC. 104. FISH AND WILDLIFE MANAGEMENT. (a) In General- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (b) Management Activities- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support those populations, if the activities are carried out-- (1) in a manner that is consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary concerned, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing Activities- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (d) Hunting, Fishing, and Trapping- (1) IN GENERAL- The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) CONSULTATION- Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (e) Cooperative Agreement- (1) IN GENERAL- The State may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary of the Interior and the State entitled `Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary of the Interior and the State; and (B) subject to all applicable laws (including regulations). (2) REFERENCES; CLARK COUNTY- For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. SEC. 105. RELEASE OF WILDERNESS STUDY AREA. (a) Finding- Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in any portion of the Burbank Canyons Wilderness study area not designated as wilderness by section 102 has been adequately studied for wilderness designation. (b) Release- Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with-- (A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and (B) cooperative conservation agreements in existence on the date of enactment of this Act. SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. Nothing in this title diminishes-- (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. TITLE II--TRIBAL CULTURAL RESOURCES SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE. (a) In General- Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the land described in subsection (b)-- (1) shall be held in trust by the United States for the benefit of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of Land- The land referred to in subsection (a) consists of the approximately 1,178 acres of land, as generally depicted on the Map as `To Washoe Tribe'. (c) Survey- Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT. (a) In General- The Secretary of Agriculture, in consultation with the Tribe and County, shall develop and implement a cooperative management agreement for the land described in subsection (b)-- (1) to preserve cultural resources; (2) to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and (3) to protect recreational uses. (b) Description of Land- The land referred to in subsection (a) consists of the approximately 1,811 acres of land, as generally depicted on the Map as `Cooperative Management Area'. TITLE III--PUBLIC CONVEYANCES SEC. 301. CONVEYANCE TO THE STATE OF NEVADA. (a) Conveyance- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall convey to the State, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) is the approximately 67 acres of Forest Service land, as generally depicted on the Map as `Lake Tahoe-Nevada State Park'. (c) Costs- Any costs relating to the conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of Land- (1) IN GENERAL- Any land conveyed to the State under subsection (a) shall be used only for-- (A) the conservation of wildlife or natural resources; or (B) a public park. (2) FACILITIES- Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion- If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), that land shall, at the discretion of the Secretary concerned, revert to the United States. SEC. 302. CONCESSIONAIRES AT THE ROUND HILL PINES MANAGEMENT AREA AND DREYFUS ESTATE MANAGEMENT AREA. (a) Prospectus- Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall make publicly available a prospectus to solicit one or more concessionaires for-- (1) the approximately 200 acres of land as generally depicted on the Map as `Round Hill Pines Resort'; and (2) the approximately 416 acres of land as generally depicted on the Map as `Zephyr Shoals'. (b) Exclusions- (1) SPECIAL USE PERMITS- This section shall not apply to any land or portion of land described in subsection (a) for which a concessionaire has a contract to operate under a special use permit issued before the date of enactment of this Act. (2) PRIOR PROSPECTUSES- This section shall not apply to any land or portion of land described in subsection (a) for which the Secretary of Agriculture has made publicly available before the date of enactment of this Act a prospectus for that land or portion of land. (c) Consultation- In carrying out this section, the Secretary of Agriculture shall consult with the Tribe, the County, the State, and other interested parties-- (1) to satisfy any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332); and (2) to prepare for the orderly and smooth transition of the operation of the land described in subsection (a) to one or more concessionaires. (d) Treatment of Proceeds- Any fees received under a concession contract under this section shall remain available to the Forest Service, until expended, without further appropriations, for use within the Lake Tahoe Basin Management Unit under the authorities provided by the Act of April 24, 1950 (commonly known as the `Granger-Thye Act') (64 Stat. 82, chapter 97). (e) Administrative Jurisdiction Transfer- (1) IN GENERAL- If the Secretary of Agriculture has not entered into a concession contract for the land described in subsection (a) by the date that is 2 years after the date on which the prospectus is published under that subsection, consistent with section 3(a) of Public Law 96-586 (94 Stat. 3383) (commonly known as the `Santini-Burton Act'), the Secretary of Agriculture shall transfer to the County, without consideration, administrative jurisdiction of that land for a period of 99 years. (2) EXCEPTION- If the Secretary of Agriculture has taken steps to enter into a concession contract for the land described in subsection (a), including substantial completion of any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), the transfer of administrative jurisdiction under paragraph (1) shall not take place unless the Secretary of Agriculture has not entered into a concession contract by the date that is 30 months after the date on which the prospectus is published under subsection (a). (3) COSTS- Any costs relating to a transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (4) USE OF LAND- Any property transferred to the County under paragraph (1) shall-- (A) be managed by the County-- (i) to maintain undeveloped open space; (ii) to preserve the natural characteristics of the land in perpetuity; and (iii) to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (B) be used for diverse recreation opportunities or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (5) REVERSION- If any land or portion of land transferred under this section is used in a manner that is inconsistent with this section, the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States. SEC. 303. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST SERVICE TO THE STATE, COUNTY, OR UNIT OF LOCAL GOVERNMENT FOR PUBLIC PURPOSES. (a) In General- Consistent with section 3(b) of Public Law 96-586 (commonly known as the `Santini-Burton Act') (94 Stat. 3384), on request by the State or County, the Secretary may transfer the land or interests in land described in subsection (b) to the State, County, or applicable unit of local government without consideration, subject to appropriate deed restrictions to protect the environmental quality and public recreational use of the land transferred. (b) Description of Land- The land referred to in subsection (a) is any Forest Service land that is within the boundaries of the area subject to acquisition that is unsuitable for Forest Service administration or necessary for a public purpose, as depicted on the map entitled `Douglas County Conservation Act of 2013' and dated June 27, 2013. (c) Use of Land- The land transferred under subsection (a) shall-- (1) be managed by the State, County, or unit of local government to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; (2) be managed by the State, County, or unit of local government to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (3) be used by the State, County, or unit of local government for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (d) Reversion- If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with the use described for the parcel of land in subsection (c), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (e) Legal Description and Map- As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the land transferred under subsection (a). SEC. 304. CONVEYANCE AND LEASE TO DOUGLAS COUNTY, NEVADA. (a) Definition of Map- In this section and section 305, the term `Map' means the map entitled `Douglas County, Nevada' and dated March 1, 2012. (b) Authorization of Conveyance- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall-- (1) convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b); and (2) lease to the County, without consideration, the approximately 5,232 acres of land identified on the Map as `BLM Flood Control'. (c) Description of Land- The land referred to in subsection (b)(1) consists of-- (1) the approximately 5,441 acres of land as generally depicted on the Map as `Flood Control and Management'; (2) the approximately 45 acres of land as generally depicted on the Map as `Water Resource Infrastructure'; (3) the approximately 2,263 acres of land as generally depicted on the Map as `Recreation and Public Purposes'; and (4) the approximately 815 acres of land as generally depicted on the Map as Forest Service recreation parcels. (d) Costs- Any costs relating to the conveyance under subsection (b)(1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (e) Use of Land- (1) FLOOD CONTROL AND MANAGEMENT AREA- (A) IN GENERAL- The land described in subsection (c)(1) shall be managed by the County for-- (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) recreation, including the construction of trails and trailhead facilities; (iv) the use of motorized vehicles on designated roads, trails, and areas; (v) undeveloped open space, customary agricultural practices, wildlife protection; and (vi) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(1) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (2) WATER RESOURCE INFRASTRUCTURE- (A) IN GENERAL- The land described in subsection (c)(2) shall be managed by the County for-- (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) passive recreation; (iv) undeveloped open space and wildlife protection; and (v) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(2) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (3) RECREATION AND PUBLIC PURPOSES- (A) IN GENERAL- The land described in subsection (c)(3) shall be managed by the County for-- (i) undeveloped open space; and (ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (B) REVERSION- If the land described in subsection (c)(3) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (4) FOREST SERVICE RECREATION- (A) IN GENERAL- The land described in subsection (c)(4) shall be managed by the County for-- (i) undeveloped open space; (ii) customary agricultural practices; (iii) wildlife protection; and (iv) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(4) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. SEC. 305. SALE OF CERTAIN FEDERAL LAND. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall, in accordance with the other provisions of that Act and any other applicable law, and subject to valid existing rights, conduct one or more sales of the Federal land described in subsection (b) to qualified bidders. (b) Description of Land- The Federal land referred to in subsection (a) consists of-- (1) the approximately 287 acres of public lands as generally depicted on the Map as `BLM Lands for Conveyance'; and (2) not more than 10,000 acres of land in the County that-- (A) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and (B) is identified for disposal by the Secretary concerned through-- (i) the Carson City Consolidated Resource Management Plan; or (ii) any subsequent amendment to the management plan that is undertaken with full public involvement. (c) Joint Selection Required- The Secretary concerned and the County shall jointly select which Federal land described in subsection (b)(2) to offer for sale under subsection (a). (d) Compliance With Local Planning and Zoning Laws- Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with-- (1) County zoning ordinances; and (2) any master plan for the area approved by the County. (e) Method of Sale; Consideration- The sale of Federal land under subsection (a) shall be-- (1) through a competitive bidding process, unless otherwise determined by the Secretary concerned; and (2) for not less than fair market value. (f) Recreation and Public Purposes Act Conveyances- (1) IN GENERAL- Not later than 30 days before any land described in subsection (b)(2)(B) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (2) RETENTION- Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (g) Withdrawal- (1) IN GENERAL- Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from-- (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) EXCEPTION- Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (h) Deadline for Sale- (1) IN GENERAL- Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder. (2) POSTPONEMENT; EXCLUSION FROM SALE- At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale all or a portion of the land described in subsection (b). (i) Disposition of Proceeds- (1) IN GENERAL- Of the proceeds from the sale of land under this section-- (A) 5 percent shall be disbursed to the State for use by the State for general education programs of the State; (B) 10 percent shall be disbursed to the County for use by the County to implement the County Open Space and Agricultural Implementation Plan; and (C) 85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the `Douglas County Special Account', which shall be available to the Secretary concerned until expended, without further appropriation-- (i) to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including-- (I) the costs of surveys and appraisals; and (II) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713); (ii) to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and (iii) to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County, pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan that is undertaken with full public involvement. (j) Availability of Funds- Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 Stat. 1114) is amended-- (1) in paragraph (3)(A)(iv), by striking `Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))' and inserting `Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City subject to paragraph (5)), and Douglas County (subject to paragraph (6))'; (2) in paragraph (3)(A)(v), by striking `Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5))' and inserting `Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City (subject to paragraph (5)), and Douglas County (subject to paragraph (6))'; and (3) by adding at the end the following: `(6) LIMITATION FOR DOUGLAS COUNTY- Douglas County shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks, trails, or natural areas and for conservation initiatives-- `(A) within the Carson River watershed; `(B) within the Walker River watershed; or `(C) for the protection of sage grouse.'.
S.1261 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 9, 2014.--Mr. Heinrich added as cosponsor. S.1261 Energy Efficient Government Technology Act (Introduced in Senate - IS) S 1261 IS 113th CONGRESS1st SessionS. 1261 To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. UDALL of Colorado (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, 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 `Energy Efficient Government Technology Act'. SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND COMMUNICATIONS TECHNOLOGIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: `(h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the `Director') to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information and communications technologies and practices. `(2) CONTENT- Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. `(3) ADMINISTRATION- In developing an implementation strategy, each Federal agency shall-- `(A) consider information and communications technologies (referred to in this subsection as `ICT') and related infrastructure and practices, such as-- `(i) advanced metering infrastructure; `(ii) ICT services and products; `(iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; `(iv) ICT and related infrastructure power management; `(v) building information modeling, including building energy management; and `(vi) secure telework and travel substitution tools; and `(B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. `(4) PERFORMANCE GOALS- `(A) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. `(B) ENERGY EFFICIENT DATA CENTERS- The Director shall include within the performance goals established under this paragraph-- `(i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; `(ii) overall asset utilization; and `(iii) recommendations and best practices for how the benchmarks will be attained, with the recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting and utility energy services contracting as preferred acquisition methods. `(C) ADMINISTRATION- The performance goals established under this paragraph shall-- `(i) measure information technology costs over a specific time period of 3 to 5 years; `(ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and `(iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. `(5) FEDERAL DATA CENTERS TASK FORCE- `(A) IN GENERAL- The Director shall maintain a Governmentwide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. `(B) DUTIES- The members of the task force shall-- `(i) be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency; and `(ii) regularly exchange best practices and other strategic information related to energy efficiency with the private sector. `(6) REPORTS- `(A) AGENCY REPORTS- Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of the efforts and results of the agency under this subsection. `(B) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts and results of Federal agencies under this subsection.'. SEC. 3. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (c), by striking paragraph (1) and inserting the following: `(1) IN GENERAL- Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act, the Secretary and the Administrator shall-- `(A) designate an established information technology industry organization to coordinate the program described in subsection (b); and `(B) make the designation public, including on an appropriate website.'; (2) by striking subsections (e) and (f) and inserting the following: `(e) Study- The Secretary, with assistance from the Administrator, shall-- `(1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2012; `(B) an analysis considering the impact of information and communications technologies asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and `(C) updated projections and recommendations for best practices; and `(2) collaborate with the organization designated under subsection (c) in preparing the report. `(f) Data Center Energy Practitioner Program- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, 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 data centers. `(2) EVALUATIONS- Each Federal agency shall have the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency.'; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: `(g) Open Data Initiative- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. `(2) ADMINISTRATION- In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) ICT Asset Utilization Metric- The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information and communications technology systems and related infrastructure.'.
S.1253 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee. (27) S.1253 Lower Farmington River and Salmon Brook Wild and Scenic River Act (Introduced in Senate - IS) S 1253 IS 113th CONGRESS1st SessionS. 1253 To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. MURPHY (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, 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 `Lower Farmington River and Salmon Brook Wild and Scenic River Act'. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with the designation made by section 3 of this Act. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: `(208) LOWER FARMINGTON RIVER AND SALMON BROOK, CONNECTICUT- Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: `(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 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 river. `(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. `(C) The approximately 2.4-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 river. `(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. `(E) The approximately 11.4-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 river.'. SEC. 4. MANAGEMENT. (a) In General- The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee- The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative Agreements- (1) IN GENERAL- In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) CONSISTENCY- All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land Management- (1) ZONING ORDINANCES- For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) ACQUISITION OF LAND- The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e) Rainbow Dam- The designation made by section 3 shall not be construed to-- (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), 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 System. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking `14-mile' and inserting `15.1-mile'; and (2) by striking `to the downstream end of the New Hartford-Canton, Connecticut town line' and inserting `to the confluence with the Nepaug River'. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) MANAGEMENT PLAN- The term `management plan' means the management plan referred to in section 2(3). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior.
S.1252 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee (27) May 22, 2014.--Reported without amendment. S. Rept. No. 113-170. May 22, 2014.--Placed on Senate Legislative Calendar.[Calendar No. 396]. S.1252 Upper Missisquoi and Trout Wild and Scenic Rivers Act (Introduced in Senate - IS) S 1252 IS 113th CONGRESS1st SessionS. 1252 To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers System. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. SANDERS (for himself and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers 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 `Upper Missisquoi and Trout Wild and Scenic Rivers Act'. SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) MISSISQUOI RIVER AND TROUT RIVER, VERMONT- The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: `(A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. `(B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. `(C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire.'. SEC. 3. MANAGEMENT. (a) Management- (1) IN GENERAL- The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be managed in accordance with-- (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the `management plan'); and (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the `Committee'). (2) COMPREHENSIVE MANAGEMENT PLAN- The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee- The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative Agreements- (1) IN GENERAL- In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of the Wild and Scenic Rivers Act with-- (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning, environmental, or recreational organizations. (2) CONSISTENCY- Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on Existing Hydroelectric Facilities- (1) IN GENERAL- The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), does not-- (A) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (2) HYDROPOWER PROCEEDINGS- Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings-- (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), subject to a written determination by the Secretary that the measures are consistent with the purposes of the designation. (e) Land Management- (1) ZONING ORDINANCES- For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) ACQUISITIONS OF LAND- The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be-- (A) limited to acquisition by donation or acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (f) Relation to National Park System- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Missisquoi and Trout Rivers shall not be administered as part of the National Park System or be subject to regulations that govern the National Park System. (g) Designation of Additional Segment- (1) DEFINITION OF ADDITIONAL SEGMENT- In this subsection, the term `additional segment' means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) FINDINGS- Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) DESIGNATION AND ADMINISTRATION- If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)-- (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C) the Secretary shall administer the additional segment as a recreational river. (4) DETERMINATION OF LOCAL SUPPORT- The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation.