Committee Legislation

Bill Introduced Description
S.1401 Jul-31-13
STATUS: July 31, 2013.--Introduced. March 5, 2014.--Mr. Heller added as cosponsor. S.1401 Domestic Energy and Jobs Act (Introduced in Senate - IS) S 1401 IS 113th CONGRESS1st SessionS. 1401 To provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 31, 2013 Mr. HOEVEN (for himself, Ms. MURKOWSKI, Mr. BOOZMAN, Mr. COCHRAN, Mr. VITTER, Mr. CRAPO, Mr. BLUNT, Mr. MANCHIN, Mr. WICKER, Mr. ROBERTS, and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the development of a plan to increase oil and gas exploration, development, and production under oil and gas leases of Federal land, 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 `Domestic Energy and Jobs Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES Sec. 101. Short title. Sec. 102. Transportation Fuels Regulatory Committee. Sec. 103. Analyses. Sec. 104. Reports; public comment. Sec. 105. No final action on certain rules. Sec. 106. Consideration of feasibility and cost in revising or supplementing national ambient air quality standards for ozone. Sec. 107. Fuel requirements waiver and study. TITLE II--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY Sec. 201. Short title. Sec. 202. Onshore domestic energy production strategic plan. TITLE III--ONSHORE OIL AND GAS LEASING CERTAINTY Sec. 301. Short title. Sec. 302. Minimum acreage requirement for onshore lease sales. Sec. 303. Leasing certainty and consistency. Sec. 304. Reduction of redundant policies. TITLE IV--STREAMLINED ENERGY PERMITTING Sec. 401. Short title. Subtitle A--Application for Permits To Drill Process Reform Sec. 411. Permit to drill application timeline. Sec. 412. Solar and wind right-of-way rental reform. Subtitle B--Administrative Appeal Documentation Reform Sec. 421. Administrative appeal documentation reform. Subtitle C--Permit Streamlining Sec. 431. Federal energy permit coordination. Sec. 432. Administration of current law. Subtitle D--Judicial Review Sec. 441. Definitions. Sec. 442. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 443. Timely filing. Sec. 444. Expedition in hearing and determining the action. Sec. 445. Standard of review. Sec. 446. Limitation on injunction and prospective relief. Sec. 447. Limitation on attorneys' fees. Sec. 448. Legal standing. TITLE V--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM RESERVE IN ALASKA Sec. 501. Short title. Sec. 502. Sense of Congress reaffirming national policy regarding National Petroleum Reserve in Alaska. Sec. 503. Competitive leasing of oil and gas. Sec. 504. Planning and permitting pipeline and road construction. Sec. 505. Departmental accountability for development. Sec. 506. Updated resource assessment. Sec. 507. Colville River Delta designation. TITLE VI--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES Sec. 601. Short title. Sec. 602. Internet-based onshore oil and gas lease sales. TITLE VII--ADVANCING OFFSHORE WIND PRODUCTION Sec. 701. Short title. Sec. 702. Offshore meteorological site testing and monitoring projects. TITLE VIII--CRITICAL MINERALS Sec. 801. Definitions. Sec. 802. Designations. Sec. 803. Policy. Sec. 804. Resource assessment. Sec. 805. Permitting. Sec. 806. Recycling and alternatives. Sec. 807. Analysis and forecasting. Sec. 808. Education and workforce. Sec. 809. International cooperation. Sec. 810. Repeal, authorization, and offset. TITLE IX--MISCELLANEOUS Sec. 901. Limitation on transfer of functions under the Solid Minerals Leasing Program. Sec. 902. Amount of distributed qualified Outer Continental Shelf revenues. Sec. 903. Lease Sale 220 and other lease sales off the coast of Virginia. Sec. 904. Limitation on authority to issue regulations modifying the stream zone buffer rule. TITLE I--IMPACTS OF EPA RULES AND ACTIONS ON ENERGY PRICES SEC. 101. SHORT TITLE. This title may be cited as the `Gasoline Regulations Act of 2013'. SEC. 102. TRANSPORTATION FUELS REGULATORY COMMITTEE. (a) Establishment- The President shall establish a committee, to be known as the Transportation Fuels Regulatory Committee (referred to in this title as the `Committee'), to analyze and report on the cumulative impacts of certain rules and actions of the Environmental Protection Agency on gasoline, diesel fuel, and natural gas prices, in accordance with sections 103 and 104. (b) Members- The Committee shall be composed of the following officials (or their designees): (1) The Secretary of Energy, who shall serve as the Chair of the Committee. (2) The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. (3) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade. (4) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics. (5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury. (6) The Secretary of Agriculture, acting through the Chief Economist. (7) The Administrator of the Environmental Protection Agency. (8) The Chairman of the United States International Trade Commission, acting through the Director of the Office of Economics. (9) The Administrator of the Energy Information Administration. (c) Consultation by Chair- In carrying out the functions of the Chair of the Committee, the Chair shall consult with the other members of the Committee. (d) Consultation by Committee- In carrying out this title, the Committee shall consult with the National Energy Technology Laboratory. (e) Termination- The Committee shall terminate on the date that is 60 days after the date of submission of the final report of the Committee pursuant to section 104(c). SEC. 103. ANALYSES. (a) Definitions- In this section: (1) COVERED ACTION- The term `covered action' means any action, to the extent that the action affects facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas, taken on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality), or title V (relating to permitting), of the Clean Air Act (42 U.S.C. 7401 et seq.), to an air pollutant that is identified as a greenhouse gas in the rule entitled `Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act' (74 Fed. Reg. 66496 (December 15, 2009)). (2) COVERED RULE- The term `covered rule' means the following rules (and includes any successor or substantially similar rules): (A) `Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86. (B) `National Ambient Air Quality Standards for Ozone' (73 Fed. Reg. 16436 (March 27, 2008)). (C) `Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AP98. (D) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) applicable to petroleum refineries. (E) Any rule proposed after March 15, 2012, to implement any portion of the renewable fuel program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)). (F) Any rule proposed after March 15, 2012, revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (b) Scope- The Committee shall conduct analyses, for each of calendar years 2016 and 2020, of the prospective cumulative impact of all covered rules and covered actions. (c) Contents- The Committee shall include in each analysis conducted under this section-- (1) estimates of the cumulative impacts of the covered rules and covered actions relating to-- (A) any resulting change in the national, State, or regional price of gasoline, diesel fuel, or natural gas; (B) required capital investments and projected costs for operation and maintenance of new equipment required to be installed; (C) global economic competitiveness of the United States and any loss of domestic refining capacity; (D) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach; (E) national, State, and regional employment, including impacts associated with changes in gasoline, diesel fuel, or natural gas prices and facility closures; and (F) any other matters affecting the growth, stability, and sustainability of the oil and gas industries of the United States, particularly relative to that of other nations; (2) an analysis of key uncertainties and assumptions associated with each estimate under paragraph (1); (3) a sensitivity analysis reflecting alternative assumptions with respect to the aggregate demand for gasoline, diesel fuel, or natural gas; and (4) an analysis and, if feasible, an assessment of-- (A) the cumulative impact of the covered rules and covered actions on-- (i) consumers; (ii) small businesses; (iii) regional economies; (iv) State, local, and tribal governments; (v) low-income communities; (vi) public health; and (vii) local and industry-specific labor markets; and (B) key uncertainties associated with each topic described in subparagraph (A). (d) Methods- In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A-4. (e) Data- In conducting analyses under this section, the Committee shall not be required to create data or to use data that is not readily accessible. SEC. 104. REPORTS; PUBLIC COMMENT. (a) Preliminary Report- Not later than 90 days after the date of enactment of this Act, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 103. (b) Public Comment Period- The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 60 days after the date on which the preliminary report is submitted. (c) Final Report- Not later than 60 days after the expiration of the 60-day period described in subsection (b), the Committee shall submit to Congress a final report containing the analyses conducted under section 103, including-- (1) any revisions to the analyses made as a result of public comments; and (2) a response to the public comments. SEC. 105. NO FINAL ACTION ON CERTAIN RULES. (a) In General- The Administrator of the Environmental Protection Agency shall not finalize any of the following rules until a date (to be determined by the Administrator) that is at least 180 days after the date on which the Committee submits the final report under section 104(c): (1) `Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards', as described in the Unified Agenda of Federal Regulatory and Deregulatory Actions under Regulatory Identification Number 2060-AQ86, and any successor or substantially similar rule. (2) Any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard under section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412) that is applicable to petroleum refineries. (3) Any rule revising or supplementing the national ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409). (b) Other Rules Not Affected- Subsection (a) shall not affect the finalization of any rule other than the rules described in subsection (a). SEC. 106. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE. In revising or supplementing any national primary or secondary ambient air quality standards for ozone under section 109 of the Clean Air Act (42 U.S.C. 7409), the Administrator of the Environmental Protection Agency shall take into consideration feasibility and cost. SEC. 107. FUEL REQUIREMENTS WAIVER AND STUDY. (a) Waiver of Fuel Requirements- Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended-- (1) in clause (ii)(II), by inserting `a problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives,' after `equipment failure,'; (2) in clause (iii)(II), by inserting before the semicolon at the end the following: `(except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days)'; (3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and (4) by adding at the end the following: `(vii) Presumptive Approval- Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be deemed to be approved as received by the Administrator and the applicable fuel standards shall be waived for the period of time requested.'. (b) Fuel System Requirements Harmonization Study- Section 1509 of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1083) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by inserting `biofuels,' after `oxygenated fuel,'; and (B) in paragraph (2)(G), by striking `Tier II' and inserting `Tier III'; and (2) in subsection (b)(1), by striking `2008' and inserting `2014'. TITLE II--QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY SEC. 201. SHORT TITLE. This title may be cited as the `Planning for American Energy Act of 2013'. SEC. 202. ONSHORE DOMESTIC ENERGY PRODUCTION STRATEGIC PLAN. The Mineral Leasing Act is amended-- (1) by redesignating section 44 (30 U.S.C. 181 note) as section 45; and (2) by inserting after section 43 (30 U.S.C. 226-3) the following: `SEC. 44. QUADRENNIAL STRATEGIC FEDERAL ONSHORE ENERGY PRODUCTION STRATEGY. `(a) Definitions- In this section: `(1) SECRETARY- The term `Secretary' means the Secretary of the Interior. `(2) STRATEGIC AND CRITICAL ENERGY MINERALS- The term `strategic and critical energy minerals' means-- `(A) minerals that are necessary for the energy infrastructure of the United States, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; and `(B) minerals that are necessary to support domestic manufacturing, including materials used in energy generation, production, and transportation. `(3) STRATEGY- The term `Strategy' means the Quadrennial Federal Onshore Energy Production Strategy required under this section. `(b) Strategy- `(1) IN GENERAL- The Secretary, in consultation with the Secretary of Agriculture with regard to land administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. `(2) ENERGY SECURITY- The Strategy shall direct Federal land energy development and department resource allocation to promote the energy security of the United States. `(c) Purposes- `(1) IN GENERAL- In developing a Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on-- `(A) the projected energy demands of the United States for the 30-year period beginning on the date of initiation of the Strategy; and `(B) how energy derived from Federal onshore land can place the United States on a trajectory to meet that demand during the 4-year period beginning on the date of initiation of the Strategy. `(2) ENERGY SECURITY- The Secretary shall consider how Federal land will contribute to ensuring national energy security, with a goal of increasing energy independence and production, during the 4-year period beginning on the date of initiation of the Strategy. `(d) Objectives- The Secretary shall establish a domestic strategic production objective for the development of energy resources from Federal onshore land that is based on commercial and scientific data relating to the expected increase in-- `(1) domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on land held by the Bureau of Land Management and the Forest Service; `(2) domestic coal production from Federal land; `(3) domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; `(4) megawatts for electricity production from each of wind, solar, biomass, hydropower, and geothermal energy produced on Federal land administered by the Bureau of Land Management and the Forest Service; `(5) unconventional energy production, such as oil shale; `(6) domestic production of oil, natural gas, coal, and other renewable sources from tribal land for any federally recognized Indian tribe that elects to participate in facilitating energy production on the land of the Indian tribe; and `(7) domestic production of geothermal, solar, wind, or other renewable energy sources on land defined as available lands under section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 109, chapter 42), and any other land considered by the Territory or State of Hawaii, as the case may be, to be available lands. `(e) Methodology- The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at the estimates made by the Secretary to carry out this section. `(f) Expansion of Plan- The Secretary may expand a Strategy to include other energy production technology sources or advancements in energy production on Federal land. `(g) Tribal Objectives- `(1) IN GENERAL- It is the sense of Congress that federally recognized Indian tribes may elect to set the production objectives of the Indian tribes as part of a Strategy under this section. `(2) COOPERATION- The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving the strategic energy objectives of the Indian tribe under this subsection. `(h) Execution of Strategy- `(1) DEFINITION OF SECRETARY CONCERNED- In this subsection, the term `Secretary concerned' means-- `(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and `(B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). `(2) ADDITIONAL LAND- The Secretary concerned may make determinations regarding which additional land under the jurisdiction of the Secretary concerned will be made available in order to meet the energy production objectives established by a Strategy. `(3) ACTIONS- The Secretary concerned shall take all necessary actions to achieve the energy production objectives established under this section unless the President determines that it is not in the national security and economic interests of the United States-- `(A) to increase Federal domestic energy production; and `(B) to decrease dependence on foreign sources of energy. `(4) LEASING- In carrying out this subsection, the Secretary concerned shall only consider leasing Federal land available for leasing at the time the lease sale occurs. `(i) State, Federally Recognized Indian Tribes, Local Government, and Public Input- In developing a Strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. `(j) Annual Reports- `(1) IN GENERAL- The Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report describing the progress made in meeting the production goals of a Strategy. `(2) CONTENTS- In a report required under this subsection, the Secretary shall-- `(A) make projections for production and capacity installations; `(B) describe any problems with leasing, permitting, siting, or production that will prevent meeting the production goals of a Strategy; and `(C) make recommendations to help meet any shortfalls in meeting the production goals. `(k) Programmatic Environmental Impact Statement- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement for carrying out this section. `(2) COMPLIANCE- The programmatic environmental impact statement shall be considered sufficient to comply with all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for all necessary resource management and land use plans associated with the implementation of a Strategy. `(l) Congressional Review- `(1) IN GENERAL- Not later than 60 days before publishing a proposed Strategy under this section, the Secretary shall submit to Congress and the President the proposed Strategy, together with any comments received from States, federally recognized Indian tribes, and local governments. `(2) RECOMMENDATIONS- The submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted. `(m) Administration- Nothing in this section modifies or affects any multiuse plan. `(n) First Strategy- Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to Congress the first Strategy.'. TITLE III--ONSHORE OIL AND GAS LEASING CERTAINTY SEC. 301. SHORT TITLE. This title may be cited as the `Providing Leasing Certainty for American Energy Act of 2013'. SEC. 302. MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES. Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking `SEC. 17. (a) All lands' and inserting the following: `SEC. 17. LEASE OF OIL AND GAS LAND. `(a) Authority- `(1) IN GENERAL- All land'; and (2) in subsection (a) (as amended by paragraph (1)), by adding at the end the following: `(2) MINIMUM ACREAGE REQUIREMENT FOR ONSHORE LEASE SALES- `(A) IN GENERAL- In conducting lease sales under this section, each year, the Secretary shall offer for sale not less than 25 percent of the annual nominated acreage not previously made available for lease. `(B) REVIEW- The offering of acreage offered for lease under this paragraph shall not be subject to review. `(C) CATEGORICAL EXCLUSIONS- Acreage offered for lease under this paragraph shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942), except that extraordinary circumstances shall not be required for a categorical exclusion under this paragraph. `(D) LEASING- In carrying out this subsection, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs.'. SEC. 303. LEASING CERTAINTY AND CONSISTENCY. Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) (as amended by section 302) is amended by adding at the end the following: `(3) LEASING CERTAINTY- `(A) IN GENERAL- The Secretary shall not withdraw approval of any covered energy project involving a lease under this Act without finding a violation of the terms of the lease by the lessee. `(B) DELAY- The Secretary shall not infringe on lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under a lease. `(C) AVAILABILITY OF NOMINATED AREAS- Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease under paragraph (2). `(D) ISSUANCE OF LEASES- Notwithstanding any other provision of law, the Secretary shall issue all leases sold under this Act not later than 60 days after the last payment is made. `(E) CANCELLATION OR WITHDRAWAL OF LEASE PARCELS- The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. `(F) APPEALS- `(i) IN GENERAL- The Secretary shall complete the review of any appeal of a lease sale under this Act not later than 60 days after the receipt of the appeal. `(ii) CONSTRUCTIVE APPROVAL- If the review of an appeal is not conducted in accordance with clause (i), the appeal shall be considered approved. `(G) ADDITIONAL STIPULATIONS- The Secretary may not add any additional lease stipulation for a parcel after the parcel is sold unless the Secretary-- `(i) consults with the lessee and obtains the approval of the lessee; or `(ii) determines that the stipulation is an emergency action that is necessary to conserve the resources of the United States. `(4) LEASING CONSISTENCY- A Federal land manager shall comply with applicable resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until a new record of decision is signed.'. SEC. 304. REDUCTION OF REDUNDANT POLICIES. Bureau of Land Management Instruction Memorandum 2010-117 shall have no force or effect. TITLE IV--STREAMLINED ENERGY PERMITTING SEC. 401. SHORT TITLE. This title may be cited as the `Streamlining Permitting of American Energy Act of 2013'. Subtitle A--Application for Permits To Drill Process Reform SEC. 411. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following: `(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS- `(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall decide whether to issue a permit to drill not later than 30 days after the date on which the application for the permit is received by the Secretary. `(B) EXTENSIONS- `(i) IN GENERAL- The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary gives written notice of the delay to the applicant. `(ii) NOTICE- The notice shall-- `(I) be in the form of a letter from the Secretary or a designee of the Secretary; and `(II) include-- `(aa) the names and positions of the persons processing the application; `(bb) the specific reasons for the delay; and `(cc) a specific date on which a final decision on the application is expected. `(C) NOTICE OF REASONS FOR DENIAL- If the application is denied, the Secretary shall provide the applicant-- `(i) a written notice that provides-- `(I) clear and comprehensive reasons why the application was not accepted; and `(II) detailed information concerning any deficiencies; and `(ii) an opportunity to remedy any deficiencies. `(D) APPLICATION CONSIDERED APPROVED- If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application for the permit is received by the Secretary, the application shall be considered approved unless applicable reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete. `(E) DENIAL OF PERMIT- If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall-- `(i) provide to the applicant a description of the reasons for the denial of the permit; `(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and `(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. `(F) FEE- `(i) IN GENERAL- Subject to clauses (ii) and (iii) and notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under this paragraph. `(ii) RESUBMITTED APPLICATIONS- The fee described in clause (i) shall not apply to any resubmitted application. `(iii) TREATMENT OF PERMIT PROCESSING FEE- Subject to appropriation, of all fees collected under this paragraph, 50 percent shall be transferred to the field office where the fees are collected and used to process leases, permits, and appeals under this Act.'. SEC. 412. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM. Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation-- (1) by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development; and (2) at the option of the Secretary of the Interior, by the United States Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management land. Subtitle B--Administrative Appeal Documentation Reform SEC. 421. ADMINISTRATIVE APPEAL DOCUMENTATION REFORM. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by adding at the end the following: `(4) APPEAL FEE- `(A) IN GENERAL- The Secretary shall collect a $5,000 documentation fee to accompany each appeal of an action on a lease, right-of-way, or application for permit to drill. `(B) TREATMENT OF FEES- Subject to appropriation, of all fees collected under this paragraph, 50 percent shall remain in the field office where the fees are collected and used to process appeals.'. Subtitle C--Permit Streamlining SEC. 431. FEDERAL ENERGY PERMIT COORDINATION. (a) Definitions- In this section: (1) ENERGY PROJECTS- The term `energy projects' means oil, coal, natural gas, and renewable energy projects. (2) PROJECT- The term `Project' means the Federal Permit Streamlining Project established under subsection (b). (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Establishment- The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for issuing permits for energy projects on Federal land. (c) Memorandum of Understanding- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding to carry out this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Secretary of the Army, acting through the Chief of Engineers. (2) STATE PARTICIPATION- The Secretary may request the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding. (d) Designation of Qualified Staff- (1) IN GENERAL- Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) DUTIES- Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the home office of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional Personnel- The Secretary shall assign to each Bureau of Land Management field office identified under subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple-use requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (f) Funding- Funding for the additional personnel shall be derived from the Department of the Interior reforms made by sections 411, 412, and 421 and the amendments made by those sections. (g) Savings Provision- Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. SEC. 432. ADMINISTRATION OF CURRENT LAW. Notwithstanding any other provision of law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942). Subtitle D--Judicial Review SEC. 441. DEFINITIONS. In this title: (1) COVERED CIVIL ACTION- The term `covered civil action' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. (2) COVERED ENERGY PROJECT- (A) IN GENERAL- The term `covered energy project' means the leasing of Federal land of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease. (B) EXCLUSION- The term `covered energy project' does not include any disputes between the parties to a lease regarding the obligations under the lease, including regarding any alleged breach of the lease. SEC. 442. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS. Venue for any covered civil action shall lie in the United States district court for the district in which the project or leases exist or are proposed. SEC. 443. TIMELY FILING. To ensure timely redress by the courts, a covered civil action shall be filed not later than 90 days after the date of the final Federal agency action to which the covered civil action relates. SEC. 444. EXPEDITION IN HEARING AND DETERMINING THE ACTION. A court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. SEC. 445. STANDARD OF REVIEW. In any judicial review of a covered civil action-- (1) administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct; and (2) the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. SEC. 446. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF. (a) In General- In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief-- (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Preliminary Injunctions- (1) IN GENERAL- A court shall limit the duration of a preliminary injunction to halt a covered energy project to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) EXTENSIONS- Extensions under paragraph (1) shall-- (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. SEC. 447. LIMITATION ON ATTORNEYS' FEES. (a) In General- Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the `Equal Access to Justice Act'), shall not apply to a covered civil action. (b) Attorney's Fees and Court Costs- A party in a covered civil action shall not receive payment from the Federal Government for attorney's fees, expenses, or other court costs. SEC. 448. LEGAL STANDING. A challenger filing an appeal with the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. TITLE V--EXPEDITIOUS OIL AND GAS LEASING PROGRAM IN NATIONAL PETROLEUM RESERVE IN ALASKA SEC. 501. SHORT TITLE. This title may be cited as the `National Petroleum Reserve Alaska Access Act'. SEC. 502. SENSE OF CONGRESS REAFFIRMING NATIONAL POLICY REGARDING NATIONAL PETROLEUM RESERVE IN ALASKA. It is the sense of Congress that-- (1) the National Petroleum Reserve in the State of Alaska (referred to in this title as the `Reserve') remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. SEC. 503. COMPETITIVE LEASING OF OIL AND GAS. Section 107 of the Naval Petroleum Reserves Production Act of 1976 (42 U.S.C. 6506a) is amended by striking subsection (a) and inserting the following: `(a) Competitive Leasing- `(1) IN GENERAL- The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve in accordance with this Act. `(2) INCLUSIONS- The program under this subsection shall include at least 1 lease sale annually in each area of the Reserve that is most likely to produce commercial quantities of oil and natural gas for each of calendar years 2013 through 2023.'. SEC. 504. PLANNING AND PERMITTING PIPELINE AND ROAD CONSTRUCTION. (a) In General- Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with the Secretary of Transportation, shall facilitate and ensure permits, in an environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary-- (1) to develop and bring into production any areas within the Reserve that are subject to oil and gas leases; and (2) to transport oil and gas from and through the Reserve to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timelines- The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timelines: (1) EXISTING LEASES- Each permit for construction relating to the transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary of the Interior has issued a permit to drill shall be approved by not later than 60 days after the date of enactment of this Act. (2) REQUESTED PERMITS- Each permit for construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved by not later than 180 days after the date of submission to the Secretary of a request for a permit to drill. (c) Plan- To ensure timely future development of the Reserve, not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure to ensure that all leasable tracts in the Reserve are located within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. SEC. 505. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT. (a) In General- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the Reserve. (b) Deadlines- At a minimum, the regulations promulgated pursuant to this section shall-- (1) require the Secretary of the Interior to respond, acknowledging receipt of any permit application for development, by not later than 5 business days after the date of receipt of the application; and (2) establish a timeline for the processing of each such application that-- (A) specifies deadlines for decisions and actions regarding permit applications; and (B) provides that the period for issuing each permit after the date of submission of the application shall not exceed 60 days, absent the concurrence of the applicant. (c) Actions Required for Failure To Comply With Deadlines- If the Secretary of the Interior fails to comply with any deadline described in subsection (b) with respect to a permit application, the Secretary shall notify the applicant not less frequently than once every 5 days with specific information regarding-- (1) the reasons for the permit delay; (2) the name of each specific office of the Department of the Interior responsible for-- (A) issuing the permit; or (B) monitoring the permit delay; and (3) an estimate of the date on which the permit will be issued. (d) Additional Infrastructure- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, after consultation with the State of Alaska and after providing notice and an opportunity for public comment, shall approve right-of-way corridors for the construction of 2 separate additional bridges and pipeline rights-of-way to help facilitate timely oil and gas development of the Reserve. SEC. 506. UPDATED RESOURCE ASSESSMENT. (a) In General- The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the Reserve, including all conventional and unconventional oil and natural gas. (b) Cooperation and Consultation- The resource assessment under subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing- The resource assessment under subsection (a) shall be completed by not later than 2 years after the date of enactment of this Act. (d) Funding- In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska. SEC. 507. COLVILLE RIVER DELTA DESIGNATION. The designation by the Environmental Protection Agency of the Colville River Delta as an aquatic resource of national importance shall have no force or effect on this title or an amendment made by this title. TITLE VI--INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES SEC. 601. SHORT TITLE. This title may be cited as the `BLM Live Internet Auctions Act'. SEC. 602. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES. (a) Authorization- Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended-- (1) in subparagraph (A), in the third sentence, by striking `Lease sales' and inserting `Except as provided in subparagraph (C), lease sales'; and (2) by adding at the end the following: `(C) In order to diversify and expand the United States onshore leasing program to ensure the best return to Federal taxpayers, to reduce fraud, and to secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods, each of which shall be completed by not later than 7 days after the date of initiation of the sale.'. (b) Report- Not later than 90 days after the tenth Internet-based lease sale conducted pursuant to subparagraph (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) (as added by subsection (a)), the Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, an analysis of the first 10 such lease sales, including-- (1) estimates of increases or decreases in the lease sales, as compared to sales conducted by oral bidding, in-- (A) the number of bidders; (B) the average amount of the bids; (C) the highest amount of the bids; and (D) the lowest amount of the bids; (2) an estimate on the total cost or savings to the Department of the Interior as a result of the sales, as compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales, which may-- (A) provide an opportunity to better maximize bidder participation; (B) ensure the highest return to Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process. TITLE VII--ADVANCING OFFSHORE WIND PRODUCTION SEC. 701. SHORT TITLE. This title may be cited at the `Advancing Offshore Wind Production Act'. SEC. 702. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Definition of Offshore Meteorological Site Testing and Monitoring Project- In this section, the term `offshore meteorological site testing and monitoring project' means a project carried out on or in the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) and administered by the Department of the Interior to test or monitor weather (including energy provided by weather, such as wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. (b) Offshore Meteorological Project Permitting- (1) IN GENERAL- The Secretary of the Interior shall require, by regulation, that any applicant seeking to conduct an offshore meteorological site testing and monitoring project shall obtain a permit and right-of-way for the project in accordance with this subsection. (2) PERMIT AND RIGHT-OF-WAY TIMELINE AND CONDITIONS- (A) DEADLINE FOR APPROVAL- The Secretary shall decide whether to issue a permit and right-of-way for an offshore meteorological site testing and monitoring project by not later than 30 days after the date of receipt of a relevant application. (B) PUBLIC COMMENT AND CONSULTATION- During the 30-day period referred to in subparagraph (A) with respect to an application for a permit and right-of-way under this subsection, the Secretary shall-- (i) provide an opportunity for submission of comments regarding the application by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit and right-of-way. (C) DENIAL OF PERMIT; OPPORTUNITY TO REMEDY DEFICIENCIES- If an application is denied under this subsection, the Secretary shall provide to the applicant-- (i) in writing-- (I) a list of clear and comprehensive reasons why the application was denied; and (II) detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy those deficiencies. (c) NEPA Exclusion- Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (d) Protection of Information- Any information provided to the Secretary of the Interior under subsection (a)(3) shall be-- (1) treated by the Secretary as proprietary information; and (2) protected against disclosure. TITLE VIII--CRITICAL MINERALS SEC. 801. DEFINITIONS. In this title: (1) APPLICABLE COMMITTEES- The term `applicable committees' means-- (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Natural Resources of the House of Representatives; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Science, Space, and Technology of the House of Representatives. (2) CLEAN ENERGY TECHNOLOGY- The term `clean energy technology' means a technology related to the production, use, transmission, storage, control, or conservation of energy that-- (A) reduces the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, storing, or transporting energy with greater effectiveness in or through the infrastructure of the United States; (B) diversifies the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; or (C) contributes to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related greenhouse gas emissions. (3) CRITICAL MINERAL- (A) IN GENERAL- The term `critical mineral' means any mineral designated as a critical mineral pursuant to section 802. (B) EXCLUSIONS- The term `critical mineral' does not include coal, oil, natural gas, or any other fossil fuels. (4) CRITICAL MINERAL MANUFACTURING- The term `critical mineral manufacturing' means-- (A) the production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States; (B) the fabrication, assembly, or production, within the United States, of clean energy technologies (including technologies related to wind, solar, and geothermal energy, efficient lighting, electrical superconducting materials, permanent magnet motors, batteries, and other energy storage devices), military equipment, and consumer electronics, or components necessary for applications; or (C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States. (5) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (6) MILITARY EQUIPMENT- The term `military equipment' means equipment used directly by the Armed Forces to carry out military operations. (7) RARE EARTH ELEMENT- (A) IN GENERAL- The term `rare earth element' means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71). (B) INCLUSIONS- The term `rare earth element' includes the similar chemical elements yttrium (atomic number 39) and scandium (atomic number 21). (8) SECRETARY- The term `Secretary' means the Secretary of the Interior-- (A) acting through the Director of the United States Geological Survey; and (B) in consultation with (as appropriate)-- (i) the Secretary of Energy; (ii) the Secretary of Defense; (iii) the Secretary of Commerce; (iv) the Secretary of State; (v) the Secretary of Agriculture; (vi) the United States Trade Representative; and (vii) the heads of other applicable Federal agencies. (9) STATE- The term `State' means-- (A) a State; (B) the Commonwealth of Puerto Rico; and (C) any other territory or possession of the United States. (10) VALUE-ADDED- The term `value-added' means, with respect to an activity, an activity that changes the form, fit, or function of a product, service, raw material, or physical good so that the resultant market price is greater than the cost of making the changes. (11) WORKING GROUP- The term `Working Group' means the Critical Minerals Working Group established under section 805(a). SEC. 802. DESIGNATIONS. (a) Draft Methodology- Not later than 30 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are-- (1) subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); and (2) important in use (including clean energy technology-, defense-, agriculture-, and health care-related applications). (b) Availability of Data- If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used. (c) Final Methodology- After reviewing public comments on the draft methodology under subsection (a) and updating the draft methodology as appropriate, the Secretary shall enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering to obtain, not later than 120 days after the date of enactment of this Act-- (1) a review of the methodology; and (2) recommendations for improving the methodology. (d) Final Methodology- After reviewing the recommendations under subsection (c), not later than 150 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals. (e) Designations- Not later than 180 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a list of minerals designated as critical, pursuant to the final methodology under subsection (d), for purposes of carrying out this title. (f) Subsequent Review- The methodology and designations developed under subsections (d) and (e) shall be updated at least every 5 years, or in more regular intervals if considered appropriate by the Secretary. (g) Notice- On finalization of the methodology under subsection (d), the list under subsection (e), or any update to the list under subsection (f), the Secretary shall submit to the applicable committees written notice of the action. SEC. 803. POLICY. (a) Policy- It is the policy of the United States to promote an adequate, reliable, domestic, and stable supply of critical minerals, produced in an environmentally responsible manner, in order to strengthen and sustain the economic security, and the manufacturing, industrial, energy, technological, and competitive stature, of the United States. (b) Coordination- The President, acting through the Executive Office of the President, shall coordinate the actions of Federal agencies under this and other Acts-- (1) to encourage Federal agencies to facilitate the availability, development, and environmentally responsible production of domestic resources to meet national critical minerals needs; (2) to minimize duplication, needless paperwork, and delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct and operate critical mineral manufacturing facilities in an environmentally responsible manner; (3) to promote the development of economically stable and environmentally responsible domestic critical mineral production and manufacturing; (4) to establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other market dynamics relevant to policy formulation so that informed actions may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts; (5) to strengthen educational and research capabilities and workforce training; (6) to bolster international cooperation through technology transfer, information sharing, and other means; (7) to promote the efficient production, use, and recycling of critical minerals; (8) to develop alternatives to critical minerals; and (9) to establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States. SEC. 804. RESOURCE ASSESSMENT. (a) In General- Not later than 4 years after the date of enactment of this Act, in consultation with applicable State (including geological surveys), local, academic, industry, and other entities, the Secretary shall complete a comprehensive national assessment of each critical mineral that-- (1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; (2) estimates the cost of production of the critical mineral resources identified and quantified under this section, using all available public and private information and datasets, including exploration histories; (3) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories; (4) provides qualitative information on the environmental attributes of the critical mineral resources identified under this section; and (5) pays particular attention to the identification and quantification of critical mineral resources on Federal land that is open to location and entry for exploration, development, and other uses. (b) Field Work- If existing information and datasets prove insufficient to complete the assessment under this section and there is no reasonable opportunity to obtain the information and datasets from nongovernmental entities, the Secretary may carry out field work (including drilling, remote sensing, geophysical surveys, geological mapping, and geochemical sampling and analysis) to supplement existing information and datasets available for determining the existence of critical minerals on-- (1) Federal land that is open to location and entry for exploration, development, and other uses; (2) tribal land, at the request and with the written permission of the Indian tribe with jurisdiction over the land; and (3) State land, at the request and with the written permission of the Governor of the State. (c) Technical Assistance- At the request of the Governor of a State or an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land. (d) Financial Assistance- The Secretary may make grants to State governments, or Indian tribes and economic development entities of Indian tribes, to cover the costs associated with assessments of critical mineral resources on State or tribal land, as applicable. (e) Report- Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the applicable committees a report describing the results of the assessment conducted under this section. (f) Prioritization- (1) IN GENERAL- The Secretary may sequence the completion of resource assessments for each critical mineral such that critical materials considered to be most critical under the methodology established pursuant to section 802 are completed first. (2) REPORTING- If the Secretary sequences the completion of resource assessments for each critical material, the Secretary shall submit a report under subsection (e) on an iterative basis over the 4-year period beginning on the date of enactment of this Act. (g) Updates- The Secretary shall periodically update the assessment conducted under this section based on-- (1) the generation of new information or datasets by the Federal Government; or (2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other entities or individuals. SEC. 805. PERMITTING. (a) Critical Minerals Working Group- (1) IN GENERAL- There is established within the Department of the Interior a working group to be known as the `Critical Minerals Working Group', which shall report to the President and the applicable committees through the Secretary. (2) COMPOSITION- The Working Group shall be composed of the following: (A) The Secretary of the Interior (or a designee), who shall serve as chair of the Working Group. (B) A Presidential designee from the Executive Office of the President, who shall serve as vice-chair of the Working Group. (C) The Secretary of Energy (or a designee). (D) The Secretary of Agriculture (or a designee). (E) The Secretary of Defense (or a designee). (F) The Secretary of Commerce (or a designee). (G) The Secretary of State (or a designee). (H) The United States Trade Representative (or a designee). (I) The Administrator of the Environmental Protection Agency (or a designee). (J) The Chief of Engineers of the Corps of Engineers (or a designee). (b) Consultation- The Working Group shall operate in consultation with private sector, academic, and other applicable stakeholders with experience related to-- (1) critical minerals exploration; (2) critical minerals permitting; (3) critical minerals production; and (4) critical minerals manufacturing. (c) Duties- The Working Group shall-- (1) facilitate Federal agency efforts to optimize efficiencies associated with the permitting of activities that will increase exploration and development of domestic critical minerals, while maintaining environmental standards; (2) facilitate Federal agency review of laws (including regulations) and policies that discourage investment in exploration and development of domestic critical minerals; (3) assess whether Federal policies adversely impact the global competitiveness of the domestic critical minerals exploration and development sector (including taxes, fees, regulatory burdens, and access restrictions); (4) evaluate the sufficiency of existing mechanisms for the provision of tenure on Federal land and the role of the mechanisms in attracting capital investment for the exploration and development of domestic critical minerals; and (5) generate such other information and take such other actions as the Working Group considers appropriate to achieve the policy described in section 803(a). (d) Report- Not later than 300 days after the date of enactment of this Act, the Working Group shall submit to the applicable committees a report that-- (1) describes the results of actions taken under subsection (c); (2) evaluates the amount of time typically required (including the range derived from minimum and maximum durations, mean, median, variance, and other statistical measures or representations) to complete each step (including those aspects outside the control of the executive branch of the Federal Government, such as judicial review, applicant decisions, or State and local government involvement) associated with the processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land, which shall serve as a baseline for the performance metric developed and finalized under subsections (e) and (f), respectively; (3) identifies measures (including regulatory changes and legislative proposals) that would optimize efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (4) identifies options (including cost recovery paid by applicants) for ensuring adequate staffing of divisions, field offices, or other entities responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land. (e) Draft Performance Metric- Not later than 330 days after the date of enactment of this Act, and on completion of the report required under subsection (d), the Working Group shall publish in the Federal Register for public comment a draft description of a performance metric for evaluating the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals. (f) Final Performance Metric- Not later than 1 year after the date of enactment of this Act, and after consideration of any public comments received under subsection (e), the Working Group shall publish in the Federal Register a description of the final performance metric. (g) Annual Report- Not later than 2 years after the date of enactment of this Act and annually thereafter, using the final performance metric under subsection (f), the Working Group shall submit to the applicable committees, as part of the budget request of the Department of the Interior for each fiscal year, each report that-- (1) describes the progress made by the executive branch of the Federal Government on matters within the control of that branch towards optimizing efficiencies, while maintaining environmental standards, associated with the permitting of activities that will increase exploration and development of domestic critical minerals; and (2) compares the United States to other countries in terms of permitting efficiency, environmental standards, and other criteria relevant to a globally competitive economic sector. (h) Report of Small Business Administration- Not later than 300 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the applicable committees a report that assesses the performance of Federal agencies in-- (1) complying with chapter 6 of title 5, United States Code (commonly known as the `Regulatory Flexibility Act'), in promulgating regulations applicable to the critical minerals industry; and (2) performing an analysis of regulations applicable to the critical minerals industry that may be outmoded, inefficient, duplicative, or excessively burdensome. (i) Judicial Review- (1) IN GENERAL- Nothing in this section affects any judicial review of an agency action under any other provision of law. (2) CONSTRUCTION- This section-- (A) is intended to improve the internal management of the Federal Government; and (B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person. SEC. 806. RECYCLING AND ALTERNATIVES. (a) Establishment- The Secretary of Energy shall conduct a program of research and development to promote the efficient production, use, and recycling of, and alternatives to, critical minerals. (b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate-- (1) Federal agencies and National Laboratories; (2) critical mineral producers; (3) critical mineral manufacturers; (4) trade associations; (5) academic institutions; (6) small businesses; and (7) other relevant entities or individuals. (c) Activities- Under the program, the Secretary of Energy shall carry out activities that include the identification and development of-- (1) advanced critical mineral production or processing technologies that decrease the environmental impact, and costs of production, of such activities; (2) techniques and practices that minimize or lead to more efficient use of critical minerals; (3) techniques and practices that facilitate the recycling of critical minerals, including options for improving the rates of collection of post-consumer products containing critical minerals; (4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts; and (5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals. (d) Report- Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Secretaries shall submit to the applicable committees a report summarizing the activities, findings, and progress of the program. SEC. 807. ANALYSIS AND FORECASTING. (a) Capabilities- In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with academic institutions, the Energy Information Administration, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes-- (1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral domestically produced during the preceding year; (B) the quantity of each critical mineral domestically consumed during the preceding year; (C) market price data for each critical mineral; (D) an assessment of-- (i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year; (ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; and (iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year; (E) the quantity of each critical mineral domestically recycled during the preceding year; (F) the market penetration during the preceding year of alternatives to each critical mineral; (G) a discussion of applicable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; and (2) a comprehensive forecast, entitled the `Annual Critical Minerals Outlook', of projected critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods; (B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods; (C) market price projections for each critical mineral, to the maximum extent practicable and based on the best available information; (D) an assessment of-- (i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States; (ii) the projected reliance of the United States on foreign sources to meet those needs; and (iii) the projected implications of potential supply shortages, restrictions, or disruptions; (E) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods; (F) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods; (G) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section. (b) Proprietary Information- In preparing a report described in subsection (a), the Secretary shall ensure that-- (1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information; (2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; and (3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. SEC. 808. EDUCATION AND WORKFORCE. (a) Workforce Assessment- Not later than 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary of the Interior, the Director of the National Science Foundation, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of-- (1) skills that are in the shortest supply as of the date of the assessment; (2) skills that are projected to be in short supply in the future; (3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce; (4) the effectiveness of training and education programs in addressing skills shortages; (5) opportunities to hire locally for new and existing critical mineral activities; (6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policy described in section 803(a); and (7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry. (b) Curriculum Study- (1) IN GENERAL- The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study-- (A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, and manufacturing; (B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, and manufacturing; (C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, development, and manufacturing; and (D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the grant program described in subsection (c). (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1). (c) Grant Program- (1) ESTABLISHMENT- The Secretary and the National Science Foundation shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for-- (A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b); (B) internships, scholarships, and fellowships for students enrolled in critical mineral programs; and (C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs. (2) RENEWAL- A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D). SEC. 809. INTERNATIONAL COOPERATION. (a) Establishment- The Secretary of State, in coordination with the Secretary, shall carry out a program to promote international cooperation on critical mineral supply chain issues with allies of the United States. (b) Activities- Under the program, the Secretary of State may work with allies of the United States-- (1) to increase the global, responsible production of critical minerals, if a determination is made by the Secretary of State that there is no viable production capacity for the critical minerals within the United States; (2) to improve the efficiency and environmental performance of extraction techniques; (3) to increase the recycling of, and deployment of alternatives to, critical minerals; (4) to assist in the development and transfer of critical mineral extraction, processing, and manufacturing technologies that would have a beneficial impact on world commodity markets and the environment; (5) to strengthen and maintain intellectual property protections; and (6) to facilitate the collection of information necessary for analyses and forecasts conducted pursuant to section 807. SEC. 810. REPEAL, AUTHORIZATION, AND OFFSET. (a) Repeal- (1) IN GENERAL- The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. (2) CONFORMING AMENDMENT- Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking `, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),'. (b) Authorization of Appropriations- There is authorized to be appropriated to carry out this title and the amendments made by this title $30,000,000. (c) Authorization Offset- Section 207(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended by inserting before the period at the end the following: `, except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the Domestic Energy and Jobs Act shall be reduced by $30,000,000'. TITLE IX--MISCELLANEOUS SEC. 901. LIMITATION ON TRANSFER OF FUNCTIONS UNDER THE SOLID MINERALS LEASING PROGRAM. The Secretary of the Interior may not transfer to the Office of Surface Mining Reclamation and Enforcement any responsibility or authority to perform any function performed on the day before the date of enactment of this Act under the solid minerals leasing program of the Department of the Interior, including-- (1) any function under-- (A) sections 2318 through 2352 of the Revised Statutes (commonly known as the `Mining Law of 1872') (30 U.S.C. 21 et seq.); (B) the Act of July 31, 1947 (commonly known as the `Materials Act of 1947') (30 U.S.C. 601 et seq.); (C) the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (D) the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.); (2) any function relating to management of mineral development on Federal land and acquired land under section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732); and (3) any function performed under the mining law administration program of the Bureau of Land Management. SEC. 902. AMOUNT OF DISTRIBUTED QUALIFIED OUTER CONTINENTAL SHELF REVENUES. Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking `2055' and inserting `2025, and shall not exceed $750,000,000 for each of fiscal years 2026 through 2055'. SEC. 903. LEASE SALE 220 AND OTHER LEASE SALES OFF THE COAST OF VIRGINIA. (a) Inclusion in Leasing Programs- The Secretary of the Interior shall-- (1) as soon as practicable after, but not later than 10 days after, the date of enactment of this Act, revise the proposed outer Continental Shelf oil and gas leasing program for the 2012-2017 period to include in the program Lease Sale 220 off the coast of Virginia; and (2) include the outer Continental Shelf off the coast of Virginia in the leasing program for each 5-year period after the 2012-2017 period. (b) Conduct of Lease Sale- As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of the Interior shall carry out under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) Lease Sale 220. (c) Balancing Military and Energy Production Goals- (1) JOINT GOALS- In recognition that the outer Continental Shelf oil and gas leasing program and the domestic energy resources produced under that program are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section-- (A) to preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of energy resources of the outer Continental Shelf; and (B) to allow effective exploration, development, and production of the oil, gas, and renewable energy resources of the United States. (2) PROHIBITION ON CONFLICTS WITH MILITARY OPERATIONS- No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with-- (A) the agreement entitled `Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf' signed July 20, 1983; and (B) any revision to, or replacement of, the agreement described in subparagraph (A) that is agreed to by the Secretary of Defense and the Secretary of the Interior after July 20, 1983, but before the date of issuance of the lease under which the exploration, development, or production is conducted. (3) NATIONAL DEFENSE AREAS- The United States reserves the right to designate by and through the Secretary of Defense, with the approval of the President, national defense areas on the outer Continental Shelf under section 12(d) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)). SEC. 904. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS MODIFYING THE STREAM ZONE BUFFER RULE. The Secretary of the Interior may not, before December 31, 2013, issue a regulation modifying the final rule entitled `Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams' (73 Fed. Reg. 75814 (December 12, 2008)).
S.1389 Jul-30-13
STATUS: July 30, 2013.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.1389 To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of... (Introduced in Senate - IS) S 1389 IS 113th CONGRESS1st SessionS. 1389 To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. IN THE SENATE OF THE UNITED STATESJuly 30, 2013 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PRISON SHIP MARTYRS' MONUMENT STUDY; REPORT. (a) Short Title- This section may be cited as the `Prison Ship Martyrs' Monument Preservation Act'. (b) Study- (1) IN GENERAL- The Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating the Prison Ship Martyrs' Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. (2) APPLICABILITY OF OTHER LAW- Section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c); commonly known as the National Park System General Authorities Act) shall apply to the study. (c) Report- Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b).
S.1384 Jul-29-13
STATUS: July 29, 2013.--Introduced. S.1384 American Parks American Products Act (Introduced in Senate - IS) S 1384 IS 113th CONGRESS1st SessionS. 1384 To help ensure that all items offered for sale in any gift shop of the National Park Service or of the National Archives and Records Administration are produced in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 29, 2013 Mrs. GILLIBRAND (for herself, Mr. SCHUMER, Mr. MURPHY, Mr. BLUMENTHAL, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To help ensure that all items offered for sale in any gift shop of the National Park Service or of the National Archives and Records Administration are produced in the United States, 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 `American Parks American Products Act'. SEC. 2. REQUIRING THAT ITEMS SOLD IN CERTAIN FEDERAL GIFT SHOPS ARE PRODUCED IN THE UNITED STATES. (a) National Park Service- The Secretary of the Interior shall ensure that all items offered for sale in any gift shop or visitor's center located within a unit of the National Park System are produced in the United States. (b) National Archives and Records Administration- The Archivist of the United States shall ensure that all items offered for sale in any gift shop of the National Archives and Records Administration are produced in the United States.
S.1341 Jul-23-13
STATUS: July 23, 2013.--Introduced. July 29, 2013.--Mr. Risch added as cosponsor. November 20, 2013.--Subcommittee hearing held. December 18, 2013.--Mr. Flake added as cosponsor. December 19, 2013.--Ordered to be reported with an amendment favorably. May 22, 2014.--Reported with an amendment and an amendment to the title. S. Rept. 113-171. May 22, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 397]. June 3, 22014.--Mr. Walsh added as cosponsor. S.1341 Cabin Fee Act of 2013 (Introduced in Senate - IS) S 1341 IS 113th CONGRESS1st SessionS. 1341 To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 23, 2013 Mr. TESTER (for himself, Mr. BAUCUS, Mr. BARRASSO, Mrs. FEINSTEIN, Mr. CRAPO, Mr. ENZI, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, 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 `Cabin Fee Act of 2013'. SEC. 2. CABIN USER FEES. (a) In General- The Secretary of Agriculture (referred to in this Act as the `Secretary') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Completion of Current Appraisal Cycle- Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the `current appraisal cycle'). (c) Interim Fee- Until the date on which the current appraisal cycle is completed under subsection (b), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fees Fairness Act (16 U.S.C. 6901 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,500. (d) Adjustment- (1) IN GENERAL- On the date of completion of the current appraisal cycle, and before assessing a fee under this Act, the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (2) SECOND APPRAISAL- (A) IN GENERAL- Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot. (B) REQUIREMENTS- Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards. (C) VALUE- If an appraisal conducted under subparagraph (A) is approved by the Secretary, the value established by the appraisal shall be the value assigned to the lot. (e) Annual Fee- (1) AMOUNT- After the date on which appraised lot values have been adjusted in accordance with subsection (d), the annual fee assessed by the Secretary for recreational residences on National Forest System land shall be as follows: -------------------------------------------------------------- Fee Tier Approximate Percent of Permits Nationally Fee Amount -------------------------------------------------------------- Tier 1 Not to exceed 6 percent $500 Tier 2 Not to exceed 16 percent $1,000 Tier 3 Not to exceed 26 percent $1,500 Tier 4 Not to exceed 22 percent $2,000 Tier 5 At least 10 percent $2,500 Tier 6 Not to exceed 5 percent $3,000 Tier 7 Not to exceed 5 percent $3,500 Tier 8 Not to exceed 3 percent $4,000 Tier 9 Not to exceed 3 percent $4,500 Tier 10 Not to exceed 3 percent $5,000 Tier 11 Not to exceed 1 percent $5,500. -------------------------------------------------------------- (2) ADJUSTMENTS- The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) ACCESS AND OCCUPANCY- (A) IN GENERAL- The Secretary may suspend or reduce the applicable fee under paragraph (1) if access to, or the occupancy of, the recreational residence is significantly restricted. (B) APPEAL- A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed. (f) Periodic Review- (1) IN GENERAL- Beginning on the date that is 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) LIMITATION- The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General- The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments- The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General- Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska- The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General- Beginning on October 1, 2023, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use- Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.
S.1339 Jul-23-13
STATUS: July 23, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee. (27) S.1339 To reauthorize the Ohio & Erie Canal National Heritage Canalway. (Introduced in Senate - IS) S 1339 IS 113th CONGRESS1st SessionS. 1339 To reauthorize the Ohio & Erie Canal National Heritage Canalway. IN THE SENATE OF THE UNITED STATESJuly 23, 2013 Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Ohio & Erie Canal National Heritage Canalway. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE CANAL NATIONAL HERITAGE CANALWAY. Section 809 of the Ohio & Erie Canal National Heritage Corridor Act of 1996 (16 U.S.C. 461 note; Public Law 104-333; 122 Stat. 826; 127 Stat. 420) is amended by striking `2013' and inserting `2022'.
S.1328 Jul-18-13
STATUS: July 18, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee (27) S.1328 New Philadelphia, Illinois, Study Act (Introduced in Senate - IS) S 1328 IS 113th CONGRESS1st SessionS. 1328 To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 18, 2013 Mr. KIRK (for himself and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, 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 `New Philadelphia, Illinois, Study Act'. SEC. 2. FINDINGS. Congress finds that-- (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (2) New Philadelphia, founded in 1836 by Frank McWorter, was the first town planned and legally registered by a free African-American before the Civil War; (3) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (4) the New Philadelphia site-- (A) is a registered National Historic Landmark; (B) is covered by farmland; and (C) does not contain any original buildings of the town or the McWorter farm and home that are visible above ground. SEC. 3. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) STUDY AREA- The term `Study Area' means the New Philadelphia archeological site and the surrounding land in the State of Illinois. SEC. 4. SPECIAL RESOURCE STUDY. (a) Study- The Secretary shall conduct a special resource study of the Study Area. (b) Contents- In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the Study Area; (2) determine the suitability and feasibility of designating the Study Area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Study Area by-- (A) Federal, State, or local governmental entities; or (B) private and nonprofit organizations; (4) consult with-- (A) interested Federal, State, or local governmental entities; (B) private and nonprofit organizations; or (C) any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (3). (c) Applicable Law- The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing-- (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. (e) Funding- The study authorized under this section shall be carried out using existing funds of the National Park Service.
S.1309 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 30, 2013.--Hearing by Subcommittee (25) May 14, 2014.--Reported with an amendment in the nature of a substitute. S. Rept. No. 113-161. May 14, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 378]. S.1309 Military Land Withdrawals Act (Introduced in Senate - IS) S 1309 IS 113th CONGRESS1st SessionS. 1309 To withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 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 withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, 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 `Military Land Withdrawals Act'. SEC. 2. MILITARY LAND WITHDRAWALS AND CODIFICATION OF STATUTORY PROVISIONS RELATING TO CHINA LAKE, LIMESTONE HILLS, CHOCOLATE MOUNTAIN, AND TWENTYNINE PALMS. (a) Military Land Withdrawals and Creation of New Chapter- Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter: `CHAPTER 174--LAND WITHDRAWALS `Subchapter --Sec. 2931 2955 2957 2959 2961 `SUBCHAPTER I--GENERAL PROVISIONS `Sec. `2931. General applicability; definition. `2932. Maps and legal descriptions. `2933. Access restrictions. `2934. Changes in use. `2935. Authorizations for nondefense-related uses. `2936. Brush and fire prevention and suppression. `2937. On-going decontamination. `2938. Water rights. `2939. Hunting, fishing, and trapping. `2940. Limitations on extensions and withdrawals. `2941. Application for renewal of a withdrawal and reservation. `2942. Limitation on subsequent availability of lands for appropriation. `2943. Relinquishment. `2944. Interchanges and transfers of Federal lands. `2945. Delegability by the Secretary of the Interior. `2946. Land withdrawals; immunity of United States. `Sec. 2931. General applicability; definition `(a) Applicability of Subchapter- The provisions of this subchapter apply to any withdrawal made by this chapter. `(b) Rules of Construction- (1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. `(2) The terms `manage' and `management', when used in reference to lands withdrawn and reserved by this chapter, include the authority to exercise jurisdiction, custody, and control over those lands in accordance with this title, except that those terms do not include authority for land disposal. `(c) Definition- In this chapter, the term `Indian tribe' has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). `Sec. 2932. Maps and legal descriptions `(a) Preparation of Maps and Legal Descriptions- As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall-- `(1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and `(2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. `(b) Legal Effect- Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. `(c) Availability- Copies of such maps and legal descriptions shall be available for public inspection-- `(1) in the appropriate offices of the Bureau of Land Management; `(2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and `(3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located. `(d) Costs- The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. `Sec. 2933. Access restrictions `(a) In General- If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. `(b) Limitation- Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection. `(c) Consultation- (1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior. `(2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe. `(3) No consultation is required under paragraph (1) or (2)-- `(A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or `(B) in the case of an emergency, as determined by the Secretary concerned. `(d) Notice- Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure. `Sec. 2934. Changes in use `(a) Other Uses Authorized- The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter. `(b) Notice to Secretary of the Interior- The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate-- `(1) the additional use or uses involved; `(2) the planned duration of such additional uses; and `(3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof. `Sec. 2935. Authorizations for nondefense-related uses `(a) Authorizations by the Secretary of the Interior- Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter. `(b) Authorizations by the Secretary Concerned- The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter-- `(1) for a defense-related purpose; or `(2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. `(c) Form of Authorization- An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. `(d) Prevention of Drainage of Oil or Gas Resources- For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection. `Sec. 2936. Brush and range fire prevention and suppression `(a) Required Activities- The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities. `(b) Cooperation of Secretary of the Interior- At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. `Sec. 2937. On-going decontamination `Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title. `Sec. 2938. Water rights `(a) No Reservation Created- Nothing in this chapter shall be construed-- `(1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or `(2) to authorize the appropriation of water on such lands except in accordance with applicable State law. `(b) Effect on Previously Acquired or Reserved Water Rights- This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights. `Sec. 2939. Hunting, fishing, and trapping `Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned. `Sec. 2940. Limitation on extensions and renewals `The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress. `Sec. 2941. Application for renewal of a withdrawal and reservation `(a) Notice- To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. `(b) Filing for Extension- If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals. `Sec. 2942. Limitation on subsequent availability of lands for appropriation `At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. `Sec. 2943. Relinquishment `(a) Notice of Intention To Relinquish- If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior. `(b) Determination of Contamination- As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. `(c) Public Notice- The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. `(d) Decontamination of Lands To Be Relinquished- `(1) DECONTAMINATION REQUIRED- If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. `(2) ALTERNATIVES- If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. `(3) STATUS OF CONTAMINATED LANDS UPON TERMINATION- If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws-- `(A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; `(B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and `(C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. `(e) Revocation Authority- Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall-- `(1) terminate the withdrawal and reservation; `(2) constitute official acceptance of the lands by the Secretary of the Interior; and `(3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. `(f) Acceptance by Secretary of the Interior- Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. `Sec. 2944. Interchanges and transfers of Federal lands `(a) Authority- The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands. `(b) Conditions- Any interchange or transfer of land under this section is subject to the following conditions: `(1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest. `(2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation. `(3) Both parcels of land to be interchanged must be of approximately the same acreage. `(4) The parcel to be transferred must be located on the military installation to which it is transferred. `(5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter. `(6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense. `(7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation. `(c) Status of Federal Land After Interchange- Upon completion of an interchange or transfer under this section-- `(1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may-- `(A) become withdrawn and reserved lands under the provisions of this chapter; or `(B) be managed as public lands under the provisions of the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) and other applicable law; and `(2) a parcel received by the Secretary concerned shall-- `(A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and `(B) be treated as property under section 102(9) of title 40 under the administrative jurisdiction of the Secretary concerned. `(d) Equalization Payments- Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section. `Sec. 2945. Delegability by the Secretary of the Interior `The Secretary of the Interior may delegate the Secretary's functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. `Sec. 2946. Land withdrawals; immunity of the United States `The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter. `SUBCHAPTER II--CHINA LAKE, CALIFORNIA `Sec. `2955a. Withdrawal and reservation. `2955b. Management of withdrawn and reserved lands. `2955c. Duration of withdrawal and reservation. `Sec. 2955a. Withdrawal and reservation `(a) Withdrawal- (1) Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: `(1) Use as a research, development, test, and evaluation laboratory. `(2) Use as a range for air warfare weapons and weapon systems. `(3) Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. `(4) Geothermal leasing, development, and related power production activities. `(5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled `Naval Air Weapons Station China Lake Withdrawal--Renewal', dated XX, xx, 2012, and filed in accordance with section 2932 of this title. `Sec. 2955b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Interior- (1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. `(2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities: `(A) Grazing. `(B) Protection of wildlife and wildlife habitat. `(C) Preservation of cultural properties. `(D) Control of predatory and other animals. `(E) Recreation and education. `(F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. `(G) Geothermal leasing and development and related power production activities. `(3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter. `(b) Assignment of Management- (1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), the Federal Land Policy and Management Act of 1976, and cooperative management arrangements between the Secretary of the Interior and the Secretary of the Navy. Nothing in this subsection or section 2935 of this title shall affect geothermal leases issued by the Secretary of the Interior before the date of the enactment of this subchapter, or the responsibility of the Secretary of the Interior to administer and manage such leases, consistent with the provisions of this section. `(2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title. `(3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and other applicable law for the development and utilization of geothermal steam and associated geothermal resources on the lands withdrawn and reserved by section 2955a of this title, but such a lease may not be issued without the concurrence of the Secretary of the Navy. `(4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917. `(5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract. `(6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands. `(7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management. `(c) Continuation of Existing Agreement- The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of-- `(1) the date on which the Secretaries enter into a new agreement; or `(2) the date that is one year after the date of the enactment of this subchapter. `(d) Cooperation in Development of Management Plan- (1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title. `(2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved. `(3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning. `(e) Implementing Agreement- (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d). `(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. `(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. `Sec. 2955c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `SUBCHAPTER III--LIMESTONE HILLS, MONTANA `Sec. `2957a. Withdrawal and reservation. `2957b. Management of withdrawn and reserved lands. `2957c. Duration of withdrawal and reservation. `2957d. Special rules governing minerals management. `2957e. Grazing. `Sec. 2957a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: `(1) The conduct of training for active and reserve components of the armed forces. `(2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3). `(3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. `(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as `Proposed Land Withdrawal' on the map entitled `Limestone Hills Training Area Land Withdrawal' dated XXXXX , and filed in accordance with section 2932 of this title. `(d) Indian Tribes- Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law. `Sec. 2957b. Management of withdrawn and reserved lands `During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title. `Sec. 2957c. Duration of withdrawal and reservation `(a) Term- The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `(b) Extension of Term- Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85-337 (72 STAT. 27), commonly known as the `Engle Act' (43 U.S.C. 156), if an application is filed by the Secretary of the Army in accordance with section 2941 of this title, the Secretary of the Interior may use the authority and procedures under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to extend the withdrawal and reservation made by this subchapter for an additional term not to exceed 20 years in accordance with that section and other applicable law. `Sec. 2957d. Special rules governing minerals management `(a) Indian Creek Mine- Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM-78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d). `(b) Removal of Unexploded Ordnance on Lands To Be Mined- The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). `(c) Report on Removal Activities- The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands. `(d) Implementation Agreement for Mining Activities- (1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: `(A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area. `(B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. `(C) Procedures for scheduling of the removal of unexploded ordnance. `(2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, to be a party to the agreement. `Sec. 2957e. Grazing `(a) Issuance and Administration of Permits and Leases- The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. `(b) Safety Requirements- With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. `(c) Assignment- The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter. `SUBCHAPTER IV--CHOCOLATE MOUNTAIN, CALIFORNIA `Sec. `2959a. Withdrawal and reservation. `2959b. Management of withdrawn and reserved lands. `2959c. Duration of withdrawal and reservation. `2959d. Access. `Sec. 2959a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: `(1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. `(2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. `(3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled `Chocolate Mountain Aerial Gunnery Range Proposed--Withdrawal', said map originally dated 1987, with revised dating to July 1993, prepared by Department of the Navy, Naval Facilities Engineering Command, identified as WESTDIV Drawing No. C-102370, on file with the Department of the Interior, Bureau of Land Management, California State Office, and filed in accordance with section 2932 of this title. `Sec. 2959b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Interior- Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. `(b) Assignment of Management to the Secretary of the Navy- The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), and other applicable law. `(c) Implementing Agreement- (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b). `(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. `(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. `(d) Access Agreement- The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range. `Sec. 2959c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `Sec. 2959d. Access `Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title. `SUBCHAPTER V--TWENTYNINE PALMS, CALIFORNIA `Sec. `2961a. Withdrawal and reservation. `2961b. Management of withdrawn and reserved lands. `2961c. Duration of withdrawal and reservation. `Sec. 2961a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation for Secretary of the Navy- The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes: `(1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. `(2) Individual and unit live-fire training ranges. `(3) Equipment and tactics development. `(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Reservation for Secretary of the Interior- The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes: `(1) Public recreation when not used for military training and having been determined as suitable for public use. `(2) Natural resources conservation. `(d) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled XXX , dated XXX , and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows: `(1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area. `(2) The Shared Use Area, consisting of approximately 36,755 acres. `Sec. 2961b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Navy- During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to-- `(1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act (16 U.S.C. 670 et seq.); `(2) this title; and `(3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California. `(b) Management by the Secretary of the Interior- (1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands. `(2) The Secretary of the Interior, during the period of the Secretary's management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with-- `(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and `(B) any other applicable law and regulations. `(3) The Secretary of the Navy, during the period of the Secretary's management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with-- `(A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.); `(B) this title; and `(C) the programmatic agreement referred to in subsection (a)(3). `(c) Public Access- (1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. `(2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld. `(3)(A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. `(B) The Group shall-- `(i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and `(ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area. `(C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area. `(4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by-- `(A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or `(B) any legal or administrative challenge to any such recreation management plan or land use plan document. `(5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area. `(d) Implementation Agreement- The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement-- `(1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision; `(2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time; `(3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter; `(4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and `(5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area. `(e) Johnson Valley Off-Highway Vehicle Recreation Area- `(1) DESIGNATION- Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the `Johnson Valley Off-Highway Vehicle Recreation Area'. `(2) AUTHORIZED ACTIVITIES- To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. `(3) ADMINISTRATION- The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations. `(4) TRANSIT- In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter. `Sec. 2961c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.'. (b) Compensation to Broadwater County, Montana- The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 of title 10, United States Code, as added by subsection (a). (c) Termination of Prior Withdrawals- The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 of title 10, United States Code, as added by subsection (a), shall remain in force until modified, suspended, overruled, or otherwise changed by that Secretary, by a court of competent jurisdiction, or by operation of law. (d) Clerical Amendment- The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item: 2931'.
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.