Committee Legislation

Bill Introduced Description
S.1205 Jun-20-13
STATUS: June 20, 2013.--Introduced. June 25, 2013.--Hearing by subcommittee. (16) S.1205 Local Energy Supply and Resiliency Act of 2013 (Introduced in Senate - IS) S 1205 IS 113th CONGRESS1st SessionS. 1205 To reduce energy waste, strengthen energy system resiliency, increase industrial competitiveness, and promote local economic development by helping public and private entities to assess and implement energy systems that recover and use waste heat and local renewable energy resources. IN THE SENATE OF THE UNITED STATESJune 20, 2013 Mr. FRANKEN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reduce energy waste, strengthen energy system resiliency, increase industrial competitiveness, and promote local economic development by helping public and private entities to assess and implement energy systems that recover and use waste heat and local renewable energy resources. 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 `Local Energy Supply and Resiliency Act of 2013'. SEC. 2. FINDINGS AND PURPOSES. (a) Findings- Congress finds that-- (1) a quantity of energy that is more than-- (A) 27 percent of the total energy consumption in the United States is released from power plants in the form of waste heat; and (B) 36 percent of the total energy consumption in the United States is released from power plants, industrial facilities, and other buildings in the form of waste heat; (2) waste heat can be-- (A) recovered and distributed to meet building heating or industrial process heating requirements; (B) converted to chilled water for air conditioning or industrial process cooling; or (C) converted to electricity; (3) renewable energy resources in communities in the United States can be used to meet local thermal and electric energy requirements; (4) use of local energy resources and implementation of local energy infrastructure can strengthen the reliability and resiliency of energy supplies in the United States in response to extreme weather events, power grid failures, or interruptions in the supply of fossil fuels; (5) use of local waste heat and renewable energy resources-- (A) strengthens United States industrial competitiveness; (B) helps reduce reliance on fossil fuels and the associated emissions of air pollution and carbon dioxide; (C) increases energy supply resiliency and security; and (D) keeps more energy dollars in local economies, thereby creating jobs; (6) district energy systems represent a key opportunity to tap waste heat and renewable energy resources; (7) district energy systems are important for expanding implementation of combined heat and power (CHP) systems because district energy systems provide infrastructure for delivering thermal energy from a CHP system to a substantial base of end users; (8) district energy systems serve colleges, universities, hospitals, airports, military bases, and downtown areas; (9) district energy systems help cut peak power demand and reduce power transmission and distribution system constraints by-- (A) shifting power demand through thermal storage; (B) generating power near load centers with a CHP system; and (C) meeting air conditioning demand through the delivery of chilled water produced with heat generated by a CHP system or other energy sources; (10) evaluation and implementation of district energy systems-- (A) is a complex undertaking involving a variety of technical, economic, legal, and institutional issues and barriers; and (B) often requires technical assistance to successfully navigate these barriers; and (11) a major constraint to the use of local waste heat and renewable energy resources is a lack of low-interest, long-term capital funding for implementation. (b) Purposes- The purposes of this Act are-- (1) to encourage the use and distribution of waste heat and renewable thermal energy-- (A) to reduce fossil fuel consumption; (B) to enhance energy supply resiliency, reliability, and security; (C) to reduce air pollution and greenhouse gas emissions; (D) to strengthen industrial competitiveness; and (E) to retain more energy dollars in local economies; and (2) to facilitate the implementation of a local energy infrastructure that accomplishes the goals described in paragraph (1) by-- (A) providing technical assistance to evaluate, design, and develop projects to build local energy infrastructure; and (B) facilitating low-cost financing for the construction of local energy infrastructure through the issuance of loan guarantees. SEC. 3. DEFINITIONS. (1) COMBINED HEAT AND POWER SYSTEM- The term `combined heat and power system' or `CHP system' means generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements. (2) DISTRICT ENERGY SYSTEM- The term `district energy system' means a system that provides thermal energy to buildings and other energy consumers from 1 or more plants to individual buildings to provide space heating, air conditioning, domestic hot water, industrial process energy, and other end uses. (3) LOAN GUARANTEE PROGRAM- The term `Loan Guarantee Program' means the Local Energy Infrastructure Loan Guarantee Program established under section 5. (4) LOCAL ENERGY INFRASTRUCTURE- The term `local energy infrastructure' means a system that-- (A) recovers or produces useful thermal or electric energy from waste energy or renewable energy resources; (B) generates electricity using a combined heat and power system; (C) distributes electricity in microgrids; (D) stores thermal energy; or (E) distributes thermal energy or transfers thermal energy to building heating and cooling systems via a district energy system. (5) MICROGRID- The term `microgrid' means a group of interconnected loads and distributed energy resources within clearly defined electrical boundaries that-- (A) acts as a single controllable entity with respect to the grid; and (B) can connect and disconnect from the grid to enable the microgrid to operate in both grid-connected or island-mode. (6) RENEWABLE ENERGY RESOURCE- The term `renewable energy resource' means-- (A) closed-loop and open-loop biomass (as defined in paragraphs (2) and (3), respectively, of section 45(c) of the Internal Revenue Code of 1986); (B) gaseous or liquid fuels produced from the materials described in subparagraph (A); (C) geothermal energy (as defined in section 45(c)(4) of such Code); (D) municipal solid waste (as defined in section 45(c)(6) of such Code); or (E) solar energy (which is used, undefined, in section 45 of such Code). (7) RENEWABLE THERMAL ENERGY- The term `renewable thermal energy' means-- (A) heating or cooling energy derived from a renewable energy resource; (B) natural sources of cooling such as cold lake or ocean water; or (C) other renewable thermal energy sources, as determined by the Secretary. (8) SECRETARY- The term `Secretary' means the Secretary of Energy. (9) THERMAL ENERGY- The term `thermal energy' means-- (A) heating energy in the form of hot water or steam that is used to provide space heating, domestic hot water, or process heat; or (B) cooling energy in the form of chilled water, ice or other media that is used to provide air conditioning, or process cooling. (10) WASTE ENERGY- The term `waste energy' means energy that-- (A) is contained in-- (i) exhaust gases, exhaust steam, condenser water, jacket cooling heat, or lubricating oil in power generation systems; (ii) exhaust heat, hot liquids, or flared gas from any industrial process; (iii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iv) a pressure drop in any gas, excluding any pressure drop to a condenser that subsequently vents the resulting heat; (v) condenser water from chilled water or refrigeration plants; or (vi) any other form of waste energy, as determined by the Secretary; and (B)(i) in the case of an existing facility, is not being used; or (ii) in the case of a new facility, is not conventionally used in comparable systems. SEC. 4. TECHNICAL ASSISTANCE PROGRAM. (a) Establishment- (1) IN GENERAL- The Secretary shall establish a program to disseminate information and provide technical assistance, directly or through grants provided so that recipients may contract to obtain technical assistance, to assist eligible entities in identifying, evaluating, planning, and designing local energy infrastructure. (2) TECHNICAL ASSISTANCE- The technical assistance under paragraph (1) shall include assistance with 1 or more of the following: (A) Identification of opportunities to use waste energy or renewable energy resources. (B) Assessment of technical and economic characteristics. (C) Utility interconnection. (D) Negotiation of power and fuel contracts. (E) Permitting and siting issues. (F) Marketing and contract negotiations. (G) Business planning and financial analysis. (H) Engineering design. (3) INFORMATION DISSEMINATION- The information dissemination under paragraph (1) shall include-- (A) information relating to the topics identified in paragraph (2), including case studies of successful examples; and (B) computer software for assessment, design, and operation and maintenance of local energy infrastructure. (b) Eligible Entity- Any nonprofit or for-profit entity shall be eligible to receive assistance under the program established under subsection (a). (c) Eligible Costs- On application by an eligible entity, the Secretary may award grants to an eligible entity to provide funds to cover not more than-- (1) 100 percent of the cost of initial assessment to identify local energy opportunities; (2) 75 percent of the cost of feasibility studies to assess the potential for the implementation of local energy infrastructure; (3) 60 percent of the cost of guidance on overcoming barriers to the implementation of local energy infrastructure, including financial, contracting, siting, and permitting issues; and (4) 45 percent of the cost of detailed engineering of local energy infrastructure. (d) Applications- (1) IN GENERAL- An eligible entity desiring technical assistance under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require under the rules and procedures adopted under subsection (f). (2) APPLICATION PROCESS- The Secretary shall seek applications for technical assistance under this section-- (A) on a competitive basis; and (B) on a periodic basis, but not less frequently than once every 12 months. (e) Priorities- In evaluating projects, the Secretary shall give priority to projects that have the greatest potential for-- (1) maximizing elimination of fossil fuel use; (2) strengthening the reliability of local energy supplies and boosting the resiliency of energy infrastructure to the impact of extreme weather events, power grid failures, and interruptions in supply of fossil fuels; (3) minimizing environmental impact, including regulated air pollutants, greenhouse gas emissions, and use of ozone-depleting refrigerants; (4) facilitating use of renewable energy resources; (5) increasing industrial competitiveness; and (6) maximizing local job creation. (f) Rules and Procedures- Not later than 180 days after the date of enactment of this Act, the Secretary shall adopt rules and procedures for the administration of the program established under this section, consistent with the provisions of this Act. (g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $150,000,000 for the period of fiscal years 2014 through 2018, to remain available until expended. SEC. 5. LOAN GUARANTEES FOR LOCAL ENERGY INFRASTRUCTURE. (a) Local Energy Infrastructure Loan Guarantee Program- (1) IN GENERAL- Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following: `SEC. 1706. LOCAL ENERGY INFRASTRUCTURE LOAN GUARANTEE PROGRAM. `(a) In General- The Secretary may make guarantees under this section for commercial or innovative projects defined as `local energy infrastructure' in section 3 of the Local Energy Supply and Resiliency Act of 2013. `(b) Modification of Existing Authority- The Secretary shall reserve $4,000,000,000 of the loan guarantee authority remaining under section 1703 to provide loan guarantees under this section. `(c) Use of Other Appropriated Funds- To the maximum extent practicable, the Secretary shall use funds appropriated to carry out section 1703 that remain unobligated as of the date of enactment of this section for the cost of loan guarantees under this section.'. (2) TABLE OF CONTENTS AMENDMENT- The table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.) is amended by inserting after the item relating to section 1705 the following new item: `Sec. 1706. Local energy infrastructure loan guarantee program.'. SEC. 6. DEFINITION OF INVESTMENT AREA. Section 103(16) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(16)) is amended-- (1) in subparagraph (A)(ii), by striking `or' at the end; (2) in subparagraph (B), by striking the period at the end and inserting `; or'; and (3) by adding at the end the following: `(C) has the potential for implementation of local energy infrastructure as defined in the Local Energy Supply and Resiliency Act of 2013.'.
S.1200 Jun-20-13
STATUS: June 20, 2013.--Introduced. S.1200 Residential Energy Savings Act of 2013 (Introduced in Senate - IS) S 1200 IS 113th CONGRESS1st SessionS. 1200 To amend the Energy Policy and Conservation Act to promote energy efficiency and energy savings in residential buildings. IN THE SENATE OF THE UNITED STATESJune 20, 2013 Mr. SANDERS (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to promote energy efficiency and energy savings in residential buildings. 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 `Residential Energy Savings Act of 2013'. SEC. 2. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN PILOT PROGRAM. (a) Loans for Residential Building Energy Efficiency Upgrades- Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following: `SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES. `(a) Definitions- In this section: `(1) CONSUMER-FRIENDLY LOAN REPAYMENT APPROACH- The term `consumer-friendly loan repayment approach' means a loan repayment method that-- `(A) emphasizes convenience for customers; `(B) is of low cost to consumers; and `(C) may tie loan repayment to an existing bill of the consumer. `(2) ELIGIBLE ENTITY- The term `eligible entity' means-- `(A) a State or territory of the United States; and `(B) an Indian tribal government. `(3) ENERGY ADVISOR PROGRAM- `(A) IN GENERAL- The term `energy advisor program' means any program to provide to homeowners or residents advice, information, and support in the identification, prioritization, and implementation of energy efficiency and energy savings measures. `(B) INCLUSIONS- The term `energy advisor program' includes a program that provides-- `(i) interpretation of energy audit reports; `(ii) assistance in the prioritization of improvements; `(iii) assistance in finding qualified contractors; `(iv) assistance in contractor bid reviews; `(v) education on energy conservation, renewable energy, and energy efficiency; `(vi) explanations of available incentives and tax credits; `(vii) assistance in completion of rebate and incentive paperwork; and `(viii) any other similar type of support. `(4) ENERGY EFFICIENCY- The term `energy efficiency' means a reduction in energy use, including thermal energy for heating. `(5) ENERGY EFFICIENCY UPGRADE- `(A) IN GENERAL- The term `energy efficiency upgrade' means any project or activity carried out on a residential building to increase energy efficiency. `(B) INCLUSIONS- The term `energy efficiency upgrade' includes the installation or improvement of renewable energy for heating or electricity generation serving a residential building carried out in conjunction with an energy efficiency project or activity. `(6) RESIDENTIAL BUILDING- `(A) IN GENERAL- The term `residential building' means a building used for residential purposes. `(B) INCLUSIONS- The term `residential building' includes-- `(i) a single-family residence; `(ii) a multifamily residence composed not more than 4 units; and `(iii) a mixed-use building that includes not more than 4 residential units. `(b) Establishment of Program- `(1) IN GENERAL- The Secretary shall establish a program under this part under which the Secretary shall make available to eligible entities loans for the purpose of establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. `(2) NO REQUIREMENT TO PARTICIPATE- No eligible entity shall be required to participate in any manner in the program established under paragraph (1). `(c) Applications- `(1) IN GENERAL- To be eligible to receive a loan under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. `(2) SELECTION- In selecting eligible entities to receive loans under this section, the Secretary shall-- `(A) to the maximum extent practicable, ensure-- `(i) that both innovative and established approaches to the challenges of financing energy efficiency upgrades are supported; `(ii) regional diversity among recipients, including participation by rural States and small States; and `(iii) significant participation by low- and medium-income families; `(B) evaluate applications based primarily on-- `(i) the projected reduction in energy use; `(ii) the extent to which Federal funds are used to leverage additional funding from State, local, philanthropic, private sector, and other sources; `(iii) the creditworthiness of the eligible entity; and `(iv) the incorporation of measures, such as on-bill repayment, for making the loan repayment system for recipients of financing as consumer-friendly as practicable; and `(C) evaluate applications based secondarily on-- `(i) the extent to which the proposed financing program of the eligible entity incorporates best practices for such a program, as determined by the Secretary; `(ii) whether the eligible entity has created a plan for evaluating the effectiveness of the proposed financing program; `(iii) the extent to which the proposed financing program incorporates energy advisor programs and support programs designed to increase the effectiveness of the program; `(iv) the projected quantity of renewable energy to be generated, to the extent that renewable energy generation will be included; `(v) the extent to which the proposed financing program will be coordinated and marketed with other existing or planned energy efficiency programs administered by-- `(I) utilities; `(II) State, tribal, territorial, or local governments; or `(III) community development financial institutions; and `(vi) such other factors as the Secretary determines to be appropriate. `(d) Term; Interest- `(1) IN GENERAL- The Secretary shall establish terms and interest rates for loans provided to eligible entities under this section in a manner that-- `(A) provides for a high degree of cost recovery; and `(B) ensures that the loans are competitive with, or superior to, other forms of financing for similar purposes. `(2) PERFORMANCE INCENTIVE- The Secretary shall establish a performance incentive providing a repayment discount for eligible entities in an amount equal to not more than the value of the interest accrued on the loan provided to the applicable eligible entity under this section, based on performance as evaluated in accordance with the factors described in subparagraphs (B) and (C) of subsection (c)(2). `(e) Use of Funds- `(1) IN GENERAL- An eligible entity shall use a loan provided under this section to establish or expand a financing program-- `(A) the purpose of which is to enable residential building owners or tenants to conduct energy efficiency upgrades of residential buildings; `(B) that may not require any initial capital, excluding fees; and `(C) that incorporates a consumer-friendly loan repayment approach. `(2) STRUCTURE OF FINANCING PROGRAM- The financing program of an eligible entity may-- `(A) consist-- `(i) primarily or entirely of a financing program administered by-- `(I) the applicable State; or `(II) a local government, utility, or other entity; or `(ii) of a combination of programs described in clause (i); and `(B) rely on financing provided by-- `(i) the eligible entity; or `(ii) a third party, acting through the eligible entity. `(3) FORM OF ASSISTANCE- Assistance provided by an eligible entity under this subsection may be in the form of-- `(A) a revolving loan fund; `(B) a credit enhancement structure designed to mitigate the effects of default; or `(C) a program that-- `(i) adopts any other approach for providing financing for energy efficiency upgrades producing significant energy efficiency gains; `(ii) produces a high-leverage ratio of non-Federal funds; and `(iii) incorporates measures for making the loan repayment system for recipients of financing as consumer-friendly as practicable. `(4) SCOPE OF ASSISTANCE- Assistance provided by an eligible entity under this subsection may be used to pay for costs associated with carrying out an energy efficiency upgrade, including materials and labor. `(f) Repayment- An eligible entity shall repay to the Secretary the amount of a loan provided under this section, together with-- `(1) interest accrued on that amount; and `(2) such fees as the Secretary determines to be necessary to recover any portion of the costs of the program under this section. `(g) Reports- `(1) ELIGIBLE ENTITIES- `(A) IN GENERAL- Not later than 2 years after the date of receipt of the loan, and annually thereafter for the term of the loan, an eligible entity that receives a loan under this section shall submit to the Secretary a report describing the performance of each program and activity carried out using the loan, including anonymized loan performance data. `(B) REQUIREMENTS- The Secretary, in consultation with eligible entities and other stakeholders (such as lending institutions and the real estate industry), shall establish such requirements for the reports under this paragraph as the Secretary determines to be appropriate-- `(i) to ensure that the reports are clear, consistent, and straightforward; and `(ii) taking into account the reporting requirements for similar programs in which the eligible entities are participating, if any. `(2) SECRETARY- The Secretary shall submit to Congress and make available to the public-- `(A) not less frequently than once each year, a report describing the performance of the program under this section, including a synthesis and analysis of the information provided in the reports submitted to the Secretary under paragraph (1)(A); and `(B) on termination of the program under this section, an assessment of the success of, and education provided by, the measures carried out by eligible entities during the term of the program. `(h) Maximum Amount- The Secretary may provide to eligible entities a total of not more than $2,000,000,000 in loans under this section for the costs of activities described in subsection (e).'. (b) Reorganization- (1) IN GENERAL- Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended-- (A) by redesignating sections 362, 363, 364, 365, and 366 as sections 364, 365, 366, 363, and 362, respectively, and moving the sections so as to appear in numerical order; (B) in section 362 (as so redesignated)-- (i) in paragraph (3)(B)(i), by striking `section 367, and' and inserting `section 367 (as in effect on the day before the date of enactment of the State Energy Efficiency Programs Improvement Act of 1990 (42 U.S.C. 6201 note; Public Law 101-440)); and'; and (ii) in each of paragraphs (4) and (6), by striking `section 365(e)(1)' each place it appears and inserting `section 363(e)(1)'; (C) in section 363 (as so redesignated)-- (i) in subsection (b), by striking `the provisions of sections 362 and 364 and subsection (a) of section 363' and inserting `sections 364, 365(a), and 366'; and (ii) in subsection (g)(1)(A), in the second sentence, by striking `section 362' and inserting `section 364'; and (D) in section 365 (as so redesignated)-- (i) in subsection (a)-- (I) in paragraph (1), by striking `section 362,' and inserting `section 364;'; and (II) in paragraph (2), by striking `section 362(b) or (e)' and inserting `subsection (b) or (e) of section 364'; and (ii) in subsection (b)(2), in the matter preceding subparagraph (A), by striking `section 362(b) or (e)' and inserting `subsection (b) or (e) of section 364'. (2) CONFORMING AMENDMENTS- Section 391 of the Energy Policy and Conservation Act (42 U.S.C. 6371) is amended-- (A) in paragraph (2)(M), by striking `section 365(e)(2)' and inserting `section 363(e)(2)'; and (B) in paragraph (10), by striking `section 362 of this Act' and inserting `section 364'. (3) CLERICAL AMENDMENT- The table of contents of the Energy Policy and Conservation Act (42 U.S.C. 6201 note; Public Law 94-163) is amended by striking the items relating to part D of title III and inserting the following: `Part D--State Energy Conservation Programs `Sec. 361. Findings and purpose. `Sec. 362. Definitions. `Sec. 363. General provisions. `Sec. 364. State energy conservation plans. `Sec. 365. Federal assistance to States. `Sec. 366. State energy efficiency goals. `Sec. 367. Loans for residential building energy efficiency upgrades.'. SEC. 3. FUNDING. (a) Budgetary Effects- The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled `Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. (b) Advance Appropriations Required- An authorization of appropriations under this Act or an amendment made by this Act shall be effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.
S.1199 Jun-20-13
STATUS: June 20, 2013.--Introduced. S.1199 All-Of-The-Above Federal Building Energy Conservation Act of 2013 (Introduced in Senate - IS) S 1199 IS 113th CONGRESS1st SessionS. 1199 To improve energy performance in Federal buildings, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 20, 2013 Mr. HOEVEN (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve energy performance in Federal buildings, 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 `All-Of-The-Above Federal Building Energy Conservation Act of 2013'. SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)) is amended-- (1) by striking subsection (a) and inserting the following: `(a) Energy Performance Requirement for Federal Buildings- `(1) REQUIREMENT- Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2020 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Percentage`Fiscal YearReduction 2006 --2 2007 --4 2008 --9 2009 --12 2010 --15 2011 --18 2012 --21 2013 --24 2014 --27 2015 --30 2016 --33 2017 --36 2018 --39 2019 --42 2020 --45. `(2) EXCLUSION FOR BUILDINGS WITH ENERGY INTENSIVE ACTIVITIES- `(A) IN GENERAL- An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out. `(B) REPORTS- Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A). `(3) REVIEW- Not later than December 31, 2016, the Secretary shall review the results of the implementation of the energy performance requirements established under paragraph (1). `(4) SUBSEQUENT FISCAL YEARS- The Secretary may amend or set energy performance requirements for Federal buildings for each of fiscal years 2018 through 2025 by a rule that-- `(A) includes cost-benefit analysis and an opportunity for public comment; `(B) establishes levels that are technically feasible and economically justifiable; and `(C) considers any energy- and water-saving measures identified in evaluations conducted under subsection (f)(3).'; and (2) in subsection (f)-- (A) in paragraph (1)-- (i) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (ii) by inserting after subparagraph (D) the following: `(E) ONGOING COMMISSIONING- The term `ongoing commissioning' means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements.'; (B) in paragraph (2), by adding at the end the following: `(C) ENERGY MANAGEMENT SYSTEM- An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled `Energy Management Systems'.'; (C) by striking paragraphs (3) and (4) and inserting the following: `(3) ENERGY AND WATER EVALUATIONS AND COMMISSIONING- `(A) EVALUATIONS- Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013, and annually thereafter, each energy manager shall complete, for each calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of each agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed at least once every 4 years. `(B) EXCEPTIONS- An evaluation and recommissioning shall not be required under subparagraph (A) with respect to a facility that-- `(i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation; `(ii)(I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or `(II) is under ongoing commissioning; `(iii) has not had a major change in function or use since the previous evaluation and commissioning; `(iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and `(v)(I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of-- `(aa) the date of the most recent evaluation; or `(bb) the date-- `(AA) of the most recent commissioning, recommissioning, or retrocommissioning; or `(BB) on which ongoing commissioning began; or `(II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). `(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER EFFICIENCY MEASURES- `(A) IN GENERAL- Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may-- `(i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and `(ii) bundle individual measures of varying paybacks together into combined projects. `(B) MEASURES NOT IMPLEMENTED- The energy manager shall, as part of the certification system under paragraph (7), explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph (A) using guidelines developed by the Secretary.'; and (D) in paragraph (7)(C), by adding at the end the following: `(iii) SUMMARY REPORT- The Secretary shall make available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure.'. SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR GREEN BUILDINGS. (a) Definitions- Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended-- (1) in paragraph (6), by striking `to be constructed' and inserting `constructed or altered'; and (2) by adding at the end the following: `(17) MAJOR RENOVATION- The term `major renovation' means a modification of building energy systems sufficiently extensive that the whole building can meet energy standards for new buildings, based on criteria to be established by the Secretary through notice and comment rulemaking.'. (b) Federal Building Efficiency Standards- Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended-- (1) in subsection (a)(3)-- (A) by striking `(3)(A) Not later than' and all that follows through subparagraph (B) and inserting the following: `(3) REVISED FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS; CERTIFICATION FOR GREEN BUILDINGS- `(A) REVISED FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS- `(i) IN GENERAL- Not later than 1 year after the date of enactment of the All-Of-The-Above Federal Building Energy Conservation Act of 2013 and after the date of approval of each subsequent revision of ASHRAE Standard 90.1 or the International Energy Conservation Code, as appropriate, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that-- `(I) new Federal buildings and alterations and additions to existing Federal buildings-- `(aa) meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) that the Secretary determines saves energy compared to previous versions of the Code or Standard; and `(bb) meet or exceed the energy provisions of state and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE Standard 90.1, as applicable; `(II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations-- `(aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under clause (i); and `(bb) sustainable design principles are applied to the siting, design, and construction of all new Federal buildings and replacement Federal buildings; `(III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective; and `(IV) if life-cycle cost effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters. `(ii) LIMITATION- Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered.'; (B) in subparagraph (C), by striking `(C) In the budget request' and inserting the following: `(B) BUDGET REQUEST- In the budget request'; and (C) in subparagraph (D)-- (i) by striking clause `(D) Not later than' and all that follows through the first sentence of subclause (III) and inserting the following: `(C) CERTIFICATION FOR GREEN BUILDINGS- `(i) IN GENERAL- '; (ii) by striking clause (ii); (iii) in clause (iii), by striking `(iii) In identifying' and inserting the following: `(ii) CONSIDERATIONS- In identifying'; (iv) in clause (iv)-- (I) by striking `(iv) At least once' and inserting the following: `(iii) STUDY- At least once'; and (II) by striking `clause (iii)' and inserting `clause (ii)'; (v) in clause (v)-- (I) by striking `(v) The Secretary may' and inserting the following: `(iv) INTERNAL CERTIFICATION PROCESSES- The Secretary may'; and (II) by striking `clause (i)(III)' each place it appears and inserting `clause (i)'; (vi) in clause (vi)-- (I) by striking `(vi) With respect' and inserting the following: `(v) PRIVATIZED MILITARY HOUSING- With respect'; and (II) by striking `develop alternative criteria to those established by subclauses (I) and (III) of clause (i) that achieve an equivalent result in terms of energy savings, sustainable design, and' and inserting `develop alternative certification systems and levels than the systems and levels identified under clause (i) that achieve an equivalent result in terms of'; and (vii) in clause (vii), by striking `(vii) In addition to' and inserting the following: `(vi) WATER CONSERVATION TECHNOLOGIES- In addition to'; and (2) by striking subsections (c) and (d) and inserting the following: `(c) Periodic Review- The Secretary shall-- `(1) every 5 years, review the Federal building energy standards established under this section; and `(2) on completion of a review under paragraph (1), if the Secretary determines that significant energy savings would result, upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified.'.
H.Res.1192 Mar-14-13
STATUS: March 14, 2013.--Introduced in House April 4, 2014.--Reported by the Committee on Natural Resources. H. Rept. 113-401. July 14, 2014.--Passed House by voice vote July 15, 2014.--Referred to Senate Committee on Energy and Natural Resources. H.R.1192 To redesignate Mammoth Peak in Yosemite National Park as `Mount Jessie Benton Fremont'. (Referred in Senate - RFS) HR 1192 RFS 113th CONGRESS2d Session H. R. 1192IN THE SENATE OF THE UNITED STATESJuly 15, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To redesignate Mammoth Peak in Yosemite National Park as `Mount Jessie Benton Fremont'. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds that Jessie Benton Fremont-- (1) was the daughter of United States Senator Thomas Hart Benton of Missouri, a leading proponent of the concept of Manifest Destiny that advocated for the Nation to expand its borders westward; (2) became fluent in French and Spanish, was a gifted writer, and was at ease in any political discussion; (3) married John C. Fremont, who was assigned to explore the West; (4) transformed John C. Fremont's descriptions from his treks into prose that was used by pioneers to guide their route West; (5) traveled to California in 1849 to join her husband at their Mariposa ranch, where gold had been discovered; (6) became involved in John C. Fremont's 1856 campaign for Presidency, which proposed the abolition of slavery, a notion that Jessie Benton Fremont also supported; (7) moved to Bear Valley, California, with her husband John C. Fremont in 1858 and thereafter realized the need to preserve the land that would become Yosemite National Park for future generations; (8) entertained men such as Horace Greeley, Thomas Starr King, and United States Senator Edward Baker of Oregon, and urged them to begin a process that ultimately led to the establishment of Yosemite National Park; (9) influenced President Abraham Lincoln to sign the Act entitled `An Act authorizing a Grant to the State of California of the `Yo-Semite Valley' and of the Land embracing the `Mariposa Big Tree Grove', approved June 30, 1864 (commonly known as the Yosemite Grant), the first instance of land being set aside specifically for its preservation and public use by a national government; and (10) set the foundation for the creation of national parks and California State parks through her advocacy for and influence on the Yosemite Grant. SEC. 2. REDESIGNATION OF MAMMOTH PEAK AS MOUNT JESSIE BENTON FREMONT. (a) In General- The peak known as `Mammoth Peak' in Yosemite National Park (located at NPS coordinates 37.855« N, -119.264« W) shall be redesignated as `Mount Jessie Benton Fremont' and may be known informally as `Mt. Jessie' in honor of the contributions of Jessie Benton Fremont to the approval of the Yosemite Grant. (b) References- Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak described in subsection (a) shall be considered to be a reference to `Mount Jessie Benton Fremont'. Passed the House of Representatives July 14, 2014. Attest: KAREN L. HAAS, Clerk.
S.1191 Jun-19-13
STATUS: June 19, 2013.--Introduced. S.1191 Better Buildings Act of 2013 (Introduced in Senate - IS) S 1191 IS 113th CONGRESS1st SessionS. 1191 To facilitate better alignment, cooperation, and best practices between commercial real estate landlords and tenants regarding energy efficiency in buildings, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 19, 2013 Mr. BENNET (for himself and Ms. AYOTTE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate better alignment, cooperation, and best practices between commercial real estate landlords and tenants regarding energy efficiency in buildings, 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 `Better Buildings Act of 2013'. SEC. 2. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: `SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. `(2) SEPARATE SPACES- The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. `(b) Study- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- `(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and `(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. `(2) SCOPE- The study shall, at a minimum, include-- `(A) descriptions of-- `(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; `(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; `(iii) standards and best practices to achieve appropriate energy intensities for lighting, plug loads, pipe loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; `(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of tax and other available incentives; `(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; `(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether the measures generate the savings intended in the initial design and construction of the separate spaces; `(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and `(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and `(B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. `(3) PUBLIC PARTICIPATION- Not later than 90 days after the date of enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. `(4) PUBLICATION- The Secretary shall publish the study on the website of the Department of Energy.'. SEC. 3. TENANT STAR PROGRAM. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 2) is amended by adding at the end the following: `SEC. 425. TENANT STAR PROGRAM. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' has the meaning given the term in section 424. `(2) SEPARATE SPACES- The term `separate spaces' has the meaning given the term in section 424. `(b) Tenant Star- The Administrator of the Environmental Protection Agency and the Secretary shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. `(c) Agreements- Responsibilities under the program developed under subsection (b) shall be divided between the Secretary and the Administrator of the Environmental Protection Agency in accordance with the terms of applicable agreements between the Secretary and the Administrator. `(d) Expanding Survey Data- The Secretary, acting through the Administrator of the Energy Information Administration, shall-- `(1) collect, through each Commercial Building Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- `(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by law firms, data centers, trading floors, restaurants, retail outlets, and financial services firms; and `(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; and `(2) make data collected under paragraph (1) available to the public in aggregated form and provide the data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (e). `(e) Recognition of Owners and Tenants- `(1) OCCUPANCY-BASED RECOGNITION- Not later than 1 year after the date on which the data described in subsection (d) is received, the Secretary and the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- `(A) in a manner similar to the Energy Star rating system for commercial buildings, develop voluntary policies and procedures to recognize tenants that voluntarily achieve high levels of energy efficiency in separate spaces; `(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (d)(1) and any associated results; and `(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. `(2) DESIGN- AND CONSTRUCTION-BASED RECOGNITION- After the study required under section 424(b) is completed and following an opportunity for public notice and comment, the Administrator of the Environmental Protection and the Secretary may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. `(f) Effect on Climate Change- For purposes of this section, the impact on climate change shall not be a factor in determining the energy efficiency of commercial building tenants.'.
S.1189 Jun-19-13
STATUS: June 19, 2013.--Introduced. April 10, 2014.--Mr. Booker added as cosponsor. July 23,, 2014.--Hearing by subcommittee. S.1189 To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, and for other purposes. (Introduced in Senate - IS) S 1189 IS 113th CONGRESS1st SessionS. 1189 To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 19, 2013 Mr. MENENDEZ (for himself and Mr. CHIESA) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To adjust the boundaries of Paterson Great Falls National Historical Park to include Hinchliffe Stadium, 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. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK BOUNDARY ADJUSTMENT. Section 7001 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 410lll) is amended as follows: (1) In subsection (b)(3)-- (A) by striking `The Park shall' and inserting `(A) The Park shall'; (B) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively; and (C) by adding at the end the following: `(B) In addition to the lands described in subparagraph (A), the Park shall include the approximately 6 acres of land Hinchliffe Stadium and generally depicted as the `Boundary Modification Area' on the map entitled `Paterson Great Falls National Historical Park', numbered T03/120,155, and dated March 2013, which shall be administered as part of the Park in accordance with subsection (c)(1).'. (2) In subsection (b)(4), by striking `The Map' and inserting `The Map and the map referred to in paragraph (3)(B)'.
S.1186 Jun-19-13
STATUS: June 19, 2013.--Introduced. July 31, 2013.--Hearing by subcommittee on National Parks S.Hrg. 113-93. (27) January 28, 2014.--Mr. Markey added as cosponsor. S.1186 Essex National Heritage Area Reauthorization Act (Introduced in Senate - IS) S 1186 IS 113th CONGRESS1st SessionS. 1186 To reauthorize the Essex National Heritage Area. IN THE SENATE OF THE UNITED STATESJune 19, 2013 Ms. WARREN (for herself and Mr. COWAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Essex National Heritage Area. 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 `Essex National Heritage Area Reauthorization Act'. SEC. 2. REAUTHORIZATION OF ESSEX NATIONAL HERITAGE AREA. Division II of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 461 note; Public Law 104-333) is amended-- (1) in section 507, by striking `September 30, 2012' and inserting `September 30, 2027'; and (2) in section 508(a), by striking `$10,000,000' and inserting `$20,000,000'.
S.1169 Jun-13-13
STATUS: June 13, 2013.--Introduced. July 30, 2013.--Hearing by subcommittee (25) May 14, 2014.--Reported with an amendment S.Rept. No. 113-160. May 14, 2014.--Placed on Senate Legislative Calendar [Calendar No. 377]. S.1169 Limestone Hills Training Area Withdrawal Act of 2013 (Introduced in Senate - IS) S 1169 IS 113th CONGRESS1st SessionS. 1169 To withdraw and reserve certain public land in the State of Montana for the Limestone Hills Training Area, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 13, 2013 Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To withdraw and reserve certain public land in the State of Montana for the Limestone Hills Training Area, 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 `Limestone Hills Training Area Withdrawal Act of 2013'. SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS TRAINING AREA, MONTANA. (a) Withdrawal- Subject to valid existing rights and except as provided in this Act, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that 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; Purpose- Subject to the limitations and restrictions contained in section 4, the public 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 construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description- The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as `Proposed Land Withdrawal' on the map titled `Limestone Hills Training Area Land Withdrawal', dated April 10, 2013. (d) Legal Description and Map- (1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) FORCE OF LAW- The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) REIMBURSEMENT OF COSTS- The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Indian Tribes- Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS. During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT. (a) Indian Creek Mine- (1) IN GENERAL- Of the lands withdrawn by section 2, 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. (2) RESTRICTIONS ON SECRETARY OF THE ARMY- 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 defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (3) OPPORTUNITY TO CURE- Notwithstanding the Act of May 10, 1872 (commonly known as the `General Mining Act of 1872') (20 U.S.C. 22 et seq.) and only until the Secretary of the Interior publishes an opening order under section 13, the Secretary of the Interior shall offer a notice and 60-day opportunity to cure discrepancies in the original location or the failure to maintain mining claims within the land area subject to the approved plan of operations. (b) Removal of Unexploded Ordnance on Lands To Be Mined- (1) REMOVAL ACTIVITIES- Subject to the availability of funds appropriated for such purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that 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). (2) 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 this subsection. The report shall include-- (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation Agreement for Mining Activities- 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 duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area. (3) Provisions addressing when military and other authorized uses of the withdrawn lands will occur. (4) Provisions regarding when and where military use or training with explosive material will occur. (5) Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the schedule. (6) Provisions regarding liability and compensation for damages or injury caused by mining or military training activities. (7) Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (8) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (9) Procedures for scheduling of the removal of unexploded ordnance. (d) Existing Memorandum of Agreement- Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management. SEC. 5. GRAZING. (a) Issuance and Administration of Permits and Leases- The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 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 the enactment of this Act for lands withdrawn by section 2, 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 by section 2. SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION. The military land withdrawal made by section 2 shall terminate on March 31, 2039. SEC. 7. PAYMENTS IN LIEU OF TAXES. The lands withdrawn by section 2 shall remain eligible as entitlement land under section 6901 of title 31, United States Code. SEC. 8. HUNTING, FISHING AND TRAPPING. All hunting, fishing and trapping on the lands withdrawn by section 2 shall be conducted in accordance with section 2671 of title 10, United States Code. SEC. 9. WATER RIGHTS. (a) Water Rights- Nothing in this Act shall be construed-- (1) to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 2; or (2) to authorize the appropriation of water on lands withdrawn by section 2, 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 this Act. SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION. (a) Required Activities- The Secretary of the Army 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 section 2, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities. (b) Cooperation of Secretary of the Interior- At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding section 2215 of title 10, United States Code, the Secretary of the Army 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. 11. ON-GOING DECONTAMINATION. During the withdrawal and reservation authorized by section 2, the Secretary of the Army 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 title 10, United States Code. SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION. (a) Notice- To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 2, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 2 after the termination date of such withdrawal and reservation. The Secretary of the Army 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 of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army 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 and reservations. SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR APPROPRIATION. At the time of termination of a withdrawal and reservation made by section 2, 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. 14. RELINQUISHMENT. (a) Notice of Intention To Relinquish- If, during the period of withdrawal and reservation under section 2, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army 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 of the Army 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) CONDITIONS REQUIRING DECONTAMINATION- 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 of the Army, 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 of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose. (2) DISCRETION IF CONDITIONS NOT MET- If the Secretary of the Interior, after consultation with the Secretary of the Army, 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) RESPONSE- If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 2 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws-- (A) the Secretary of the Army 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 of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and (C) the Secretary of the Army 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 the withdrawal and reservation made by section 2 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.
S.1167 Jun-13-13
STATUS: June 13, 2013.--Introduced. S.1167 Elko Motocross and Tribal Conveyance Act (Introduced in Senate - IS) S 1167 IS 113th CONGRESS1st SessionS. 1167 To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 13, 2013 Mr. HELLER (for himself and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Elko Motocross and Tribal Conveyance Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II--ELKO INDIAN COLONY EXPANSION Sec. 201. Definitions. Sec. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Sec. 203. Authorization of appropriations. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term `Secretary' means the Secretary of the Interior, acting through the Bureau of Land Management. TITLE I--ELKO MOTOCROSS LAND CONVEYANCE SEC. 101. DEFINITIONS. In this title: (1) CITY- The term `city' means the city of Elko, Nevada. (2) COUNTY- The term `county' means the county of Elko, Nevada. (3) MAP- The term `map' means the map entitled `Elko Motocross Park' and dated January 9, 2010. SEC. 102. CONVEYANCE OF LAND TO COUNTY. (a) In General- As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as `Elko Motocross Park'. (c) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) MINOR ERRORS- The Secretary may correct any minor error in-- (A) the map; or (B) the legal description. (3) AVAILABILITY- The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land- The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act'), (43 U.S.C. 869 et seq.). (e) Administrative Costs- The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion- If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. TITLE II--ELKO INDIAN COLONY EXPANSION SEC. 201. DEFINITIONS. In this title: (1) MAP- The term `map' means the map entitled `Te-moak Tribal Land Expansion', dated September 30, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) TRIBE- The term `Tribe' means the Te-moak Tribe of Western Shoshone Indians of Nevada, which is a federally recognized Indian tribe. SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA. (a) In General- Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)-- (1) shall be held in trust by the United States for the benefit and use of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of Land- The land referred to in subsection (a) consists of approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as `Lands to be Held in Trust'. (c) Survey- Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Conditions- (1) GAMING- Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) USE OF TRUST LAND- (A) IN GENERAL- The Tribe shall use the land taken into trust under subsection (a) only for-- (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) OTHER USES- If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) USE OF FUNDS- Any amounts received by the Secretary under subparagraph (B) shall be-- (i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and (ii) used in accordance with that Act. (3) THINNING; LANDSCAPE RESTORATION- With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this title.
H.Res.1158 Jun-12-13
STATUS: March 14, 2013.--Introduced in House. May 17, 2013.--Reported by Committee on Natural Resources. H. Rept. 113-68. June 11, 2013.--Passed in House by voice vote. June 12, 2013.--Received in Senate. July 31, 2013.--Hearing by Subcommittee S.Hrg. 113-93. December 19, 2013.--Ordered to be reported without amendment favorably. April 10, 2014.--Reported to the Senate without amendents. S. Rept. 113-151. April 10, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 362]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Pressented to the President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-137. H.R.1158 North Cascades National Park Service Complex Fish Stocking Act (Referred in Senate - RFS) HR 1158 RFS 113th CONGRESS1st Session H. R. 1158IN THE SENATE OF THE UNITED STATESJune 12, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 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 `North Cascades National Park Service Complex Fish Stocking Act'. SEC. 2. DEFINITIONS. In this Act: (1) NORTH CASCADES NATIONAL PARK SERVICE COMPLEX- The term `North Cascades National Park Service Complex' means collectively the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. (2) PLAN- The term `plan' means the document entitled `North Cascades National Park Service Complex Mountain Lakes Fishery Management Plan and Environmental Impact Statement' and dated June 2008. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. STOCKING OF CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK SERVICE COMPLEX. (a) In General- Subject to subsection (b), the Secretary shall authorize the stocking of fish in lakes in the North Cascades National Park Service Complex. (b) Conditions- (1) IN GENERAL- The Secretary is authorized to allow stocking of fish in not more than 42 of the 91 lakes in the North Cascades National Park Service Complex that have historically been stocked with fish. (2) NATIVE NONREPRODUCING FISH- The Secretary shall only stock fish that are-- (A) native to the slope of the Cascade Range on which the lake to be stocked is located; and (B) nonreproducing, as identified in management alternative B of the plan. (3) CONSIDERATIONS- In making fish stocking decisions under this Act, the Secretary shall consider relevant scientific information, including the plan and information gathered under subsection (c). (4) REQUIRED COORDINATION- The Secretary shall coordinate the stocking of fish under this Act with the State of Washington. (c) Research and Monitoring- The Secretary shall-- (1) continue a program of research and monitoring of the impacts of fish stocking on the resources of the applicable unit of the North Cascades National Park Service Complex; and (2) beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, 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 describes the results of the research and monitoring under paragraph (1). Passed the House of Representatives June 11, 2013. Attest: KAREN L. HAAS, Clerk.