Committee Legislation

Bill Introduced Description
S.1300 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 18, 2013.--Mr. Baucus added as cosponsor. July 30, 2013.--Hearing by subcommittee. (25) August 1, 2013.--Mr. Barrasso added as cosponsor. September 9, 2013.--Mr. Heinrich added as cosponsor. September 19, 2013.--Mr. Enzi added as cosponsor. September 24, 2013.--Mr. Tester added as cosponsor. October 7, 2013.--Mr. Udall of New Mexico added as cosponsor. December 19, 2013.--Ordered to be reported with amendments favorably. June 2, 2014.--Reported with amendments. S.Rpt. 113-179. June 2, 2014.--Placed on Senate Legislative Calendar [Calendar No. 406.] S.1300 Stewardship Contracting Reauthorization and Improvement Act (Introduced in Senate - IS) S 1300 IS 113th CONGRESS1st SessionS. 1300 To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. FLAKE (for himself, Mr. MCCAIN, Mr. CRAPO, Mr. RISCH, and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Stewardship Contracting Reauthorization and Improvement Act'. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General- Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) is amended by adding at the end the following: `SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS. `(a) Definitions- In this section: `(1) CHIEF- The term `Chief' means the Chief of the Forest Service. `(2) DIRECTOR- The term `Director' means the Director of the Bureau of Land Management. `(b) Projects- Until September 30, 2023, the Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. `(c) Land Management Goals- The land management goals of a project under subsection (b) may include-- `(1) road and trail maintenance or obliteration to restore or maintain water quality; `(2) soil productivity, habitat for wildlife and fisheries, or other resource values; `(3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; `(4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; `(5) watershed restoration and maintenance; `(6) restoration and maintenance of wildlife and fish; or `(7) control of noxious and exotic weeds and reestablishing native plant species. `(d) Agreements or Contracts- `(1) PROCUREMENT PROCEDURE- A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. `(2) CONTRACT FOR SALE OF PROPERTY- A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. `(3) TERM- `(A) IN GENERAL- Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. `(B) MAXIMUM- The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. `(4) OFFSETS- `(A) IN GENERAL- The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). `(B) METHODS OF APPRAISAL- The value of timber or other forest products used as an offset under subparagraph (A)-- `(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and `(ii) may-- `(I) be determined using a unit of measure appropriate to the contracts; and `(II) may include valuing products on a per-acre basis. `(5) CANCELLATION CEILINGS- `(A) IN GENERAL- The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. `(B) NOTICE- `(i) SUBMISSION TO CONGRESS- Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes-- `(I)(aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and `(bb) the reasons for the cancellation ceiling amounts proposed under item (aa); `(II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and `(III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. `(ii) TRANSMITTAL TO OMB- At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). `(6) RELATION TO OTHER LAWS- Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b). `(7) CONTRACTING OFFICER- Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). `(8) FIRE LIABILITY PROVISIONS- Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- `(A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and `(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). `(e) Receipts- `(1) IN GENERAL- The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. `(2) USE- Monies from an agreement or contract under subsection (b)-- `(A) may be retained by the Chief and the Director; and `(B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. `(3) RELATION TO OTHER LAWS- `(A) IN GENERAL- Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. `(B) KNUTSON-VANDERBERG ACT- The Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). `(f) Costs of Removal- Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- `(1) the Act of August 11, 1916 (16 U.S.C. 490); and `(2) the Act of June 30, 1914 (16 U.S.C. 498). `(g) Performance and Payment Guarantees- `(1) IN GENERAL- The Chief and the Director may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). `(2) EXCESS OFFSET VALUE- If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director shall-- `(A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or `(B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. `(h) Monitoring and Evaluation- `(1) IN GENERAL- The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. `(2) PARTICIPANTS- Other than the Chief and Director, participants in the process described in paragraph (1) may include-- `(A) any cooperating governmental agencies, including tribal governments; and `(B) any other interested groups or individuals. `(i) Reporting- Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on-- `(1) the status of development, execution, and administration of agreements or contracts under subsection (b); `(2) the specific accomplishments that have resulted; and `(3) the role of local communities in the development of agreements or contract plans.'. (b) Offset- To the extent necessary, the Chief and the Director shall offset any direct spending authorized under section 602 of the Healthy Forests Restoration Act of 2003 (as added by subsection (a)) using any additional amounts that may be made available to the Chief or the Director for the applicable fiscal year. (c) Conforming Amendment- Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) is repealed.
S.1273 Jul-10-13
STATUS: July 10, 2013.--Introduced. July 23, 2013.--Committee Hearing held. S.1273 FAIR Act of 2013 (Introduced in Senate - IS) S 1273 IS 113th CONGRESS1st SessionS. 1273 To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. IN THE SENATE OF THE UNITED STATESJuly 10, 2013 Ms. MURKOWSKI (for herself, Ms. LANDRIEU, Mr. BEGICH, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Fixing America's Inequities with Revenues Act of 2013' or the `FAIR Act of 2013'. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: `SEC. 9. DISPOSITION OF REVENUES. `(a) Definitions- In this section: `(1) ALTERNATIVE AND RENEWABLE ENERGY- The term `alternative and renewable energy' means energy derived from a wind, solar, or ocean (including tidal, wave, and current) source. `(2) COASTAL POLITICAL SUBDIVISION- The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- `(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and `(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. `(3) COASTAL STATE- `(A) IN GENERAL- The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf region adjacent to the State. `(B) EXCLUSION- The term `coastal State' does not include a coastal State, the majority of the coastline of which is subject to a leasing moratorium. `(4) DISTANCE- The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. `(5) LEASED TRACT- The term `leased tract' means a tract or other area leased or made available for the exploration, development, or production of oil, natural gas, or alternative or renewable energy. `(6) LEASING MORATORIUM- The term `leasing moratorium' means any State or Federal prohibition on the development of oil, natural gas, and alternative and renewable energy sources, including preleasing, leasing, and related activities, on the outer Continental Shelf. `(7) OUTER CONTINENTAL SHELF REGION- The term `outer Continental Shelf region' means-- `(A) the Alaska outer Continental Shelf region; `(B) the North Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(C) the Mid-Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(D) the South Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(E) the Gulf of Mexico outer Continental Shelf region; or `(F) the Pacific outer Continental Shelf region. `(8) SECRETARY- The term `Secretary' means the Secretary of the Interior. `(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources- `(1) IN GENERAL- Subject to the other provisions of this section, for fiscal year 2014 and each subsequent fiscal year-- `(A) the Secretary of the Interior shall deposit in a special account in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from the development of oil, natural gas, and alternative and renewable energy on the outer Continental Shelf; and `(B) the Secretary shall, in accordance with subsection (b), disburse-- `(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and `(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. `(2) EXCLUSIONS- The revenues described in paragraph (1) do not include-- `(A) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(B) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(C) revenues generated from leases-- `(i) subject to-- `(I) section 8(g); `(II) section 8(p)(2)(B); or `(III) the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432); or `(ii) in the Gulf of Mexico before the date of enactment of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(3) ALLOCATION AMONG COASTAL STATES AND COASTAL POLITICAL SUBDIVISIONS- `(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, the amount made available under paragraph (1) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. `(B) LIMITATION- The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State and within the outer Continental Shelf region of the coastal State. `(C) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS- `(i) IN GENERAL- The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under subparagraph (A), to the coastal political subdivisions of the coastal State. `(ii) ALLOCATION- The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4). `(iii) EXCEPTION FOR THE STATE OF ALASKA- For purposes of carrying out this subparagraph in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- `(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and `(II) 10 percent shall be divided equally among each county-equivalent subdivision of the State of Alaska, all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), that-- `(aa) is more than 200 nautical miles from the geographic center of a leased tract; and `(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers.'. SEC. 3. REVENUE SHARING FOR CERTAIN ONSHORE ENERGY SOURCES. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: `(d) Revenue Sharing for Certain Onshore Energy Sources- The Secretary of the Interior shall disburse 50 percent of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative or renewable onshore energy sources to the State within the boundaries of which the energy source is located.'. SEC. 4. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking subparagraphs (A) and (B) inserting the following: `(A) IN GENERAL- The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2013, from leases entered into on or after the date of enactment of Public Law 109-432 for the portions of the Western Gulf of Mexico planning area, the Central Gulf of Mexico planning area, and the Eastern Gulf of Mexico planning area not subject to a leasing moratorium under section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(B) EXCLUSIONS- The term `qualified outer Continental Shelf revenues' does not include-- `(i) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(ii) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT' under the heading `Bureau of Safety and Environmental Enforcement' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 995); `(iii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(iv) revenues generated from leases subject to subsection (g) or (p)(2)(B) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337).'. (b) Disposition of Qualified Outer Continental Shelf Revenues- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking `shall deposit' and all that follows through the period at the end of paragraph (2)(B) and inserting the following: `shall deposit-- `(1) in a special account in the Treasury-- `(A) 37.5 percent of qualified outer Continental Shelf revenues, which the Secretary shall disburse to Gulf producing States in accordance with subsection (b); and `(B) $62,500,000, which the Secretary shall disburse to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 4601-5); and `(2) the remainder of qualified outer Continental Shelf revenues in the general fund of the Treasury.'; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking `(1) ALLOCATION' and all that follows through `subsection (a)(2)(A)' in subparagraph (A) and inserting the following: `(1) ALLOCATION AMONG GULF PRODUCING STATES- `(A) IN GENERAL- Effective beginning in fiscal year 2014, the amount made available under subsection (a)(1)(A)'; (ii) in subparagraph (A)-- (I) by inserting `each historical lease site and the geographic center of the historical lease site, as determined by the Secretary' after `closest to the geographic center of'; and (II) by striking `the applicable leased tract and the geographic center of the leased tract'; and (iii) by striking subparagraph (B); (B) in paragraph (2), by striking `(2)' and all that follows through `(C) HISTORICAL LEASE SITES' and inserting `(B) HISTORICAL LEASE SITES'; (C) in paragraph (1)(B)(i) (as so redesignated)-- (i) by striking `subparagraph (A)(ii)' and inserting `subparagraph (A)'; and (ii) by striking `December 31, 2015' and inserting `December 31, 2012'; (D) by redesignating paragraph (3) as paragraph (2); and (E) in paragraph (2) (as so redesignated), in subparagraph (A), by striking `paragraphs (1) and (2)' and inserting `paragraph (1)'; and (3) by striking subsection (f) and inserting the following: `(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues- `(1) DISTRIBUTION TO GULF PRODUCING STATES- `(A) IN GENERAL- Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues distributed under subsection (a)(1)(A) shall not exceed $500,000,000 for fiscal year 2014. `(B) CAP INCREASE FOR GULF PRODUCING STATES- In the case of the qualified outer Continental Shelf revenues distributed to Gulf producing States under subsection (a)(1)(A), the cap on amounts specified in subparagraph (A) shall be for-- `(i) fiscal year 2015, $600,000,000; and `(ii) each of fiscal years 2016 through 2024, the applicable amount for the previous fiscal year increased by $100,000,000. `(C) SUBSEQUENT FISCAL YEARS- For fiscal year 2025 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(1)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). `(2) PRO RATA REDUCTIONS- If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(1)(A)-- `(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and `(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.'. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2013.
S.1268 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 11, 2013.--Committee Hearing held. (18) S.1268 To approve an agreement between the United States and the Republic of Palau. (Introduced in Senate - IS) S 1268 IS 113th CONGRESS1st SessionS. 1268 To approve an agreement between the United States and the Republic of Palau. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. WYDEN (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To approve an agreement between the United States and the Republic of Palau. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions- In this section: (1) AGREEMENT- The term `Agreement' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) COMPACT OF FREE ASSOCIATION- The term `Compact of Free Association' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review- (1) IN GENERAL- Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: `SEC. 105. RESULTS OF COMPACT REVIEW. `(a) In General- The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- `(1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and `(2) subject to the provisions of this section. `(b) Withholding of Funds- If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. `(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association- Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. `(d) Authorizations of Appropriations- There are authorized to be appropriated-- `(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and `(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.'. (2) OFFSET- Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding- (1) COMPACT SECTION 211(f) FUND- Section 1 of the Agreement shall be construed as though the section reads as follows: `SECTION 1. COMPACT SECTION 211(f) FUND. `The Government of the United States of America (the `Government of the United States') shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule-- `(1) $11,000,000 in fiscal year 2014; `(2) $3,000,000 in each of fiscal years 2015 through 2017; `(3) $2,000,000 in each of fiscal years 2018 through 2022; and `(4) $250,000 in fiscal year 2023.'. (2) INFRASTRUCTURE MAINTENANCE FUND- Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: `(a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the `Infrastructure Maintenance Fund') to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau will match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A to this Agreement.'. (3) FISCAL CONSOLIDATION FUND- Section 3 of the Agreement shall be construed as though the section reads as follows: `SEC. 3. FISCAL CONSOLIDATION FUND. `The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement.'. (4) DIRECT ECONOMIC ASSISTANCE- Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: `(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows-- `(1) $12,000,000 in fiscal year 2014; `(2) $11,500,000 in fiscal year 2015; `(3) $10,000,000 in fiscal year 2016; `(4) $8,500,000 in fiscal year 2017; `(5) $7,250,000 in fiscal year 2018; `(6) $6,000,000 in fiscal year 2019; `(7) $5,000,000 in fiscal year 2020; `(8) $4,000,000 in fiscal year 2021; `(9) $3,000,000 in fiscal year 2022; and `(10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement.'. (5) INFRASTRUCTURE PROJECTS- Section 5 of the Agreement shall be construed as though the section reads as follows: `SEC. 5. INFRASTRUCTURE PROJECTS. `The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.'. (d) Continuing Programs and Laws- Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking `2009' and inserting `2024'. (e) Passport Requirement- Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: `SEC. 141. PASSPORT REQUIREMENT. `(a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided that the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability-- `(1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; `(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or `(3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. `(b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. `(c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for-- `(1) in statutes or regulations of the United States; or `(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. `(d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.'.
S.1263 Jun-27-13
STATUS: June 27, 2013.--Introduced. S.1263 Douglas County Conservation Act of 2013 (Introduced in Senate - IS) S 1263 IS 113th CONGRESS1st SessionS. 1263 To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. HELLER (for himself and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a wilderness area, promote conservation, improve public land, and provide for sensible development in Douglas County, Nevada, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Douglas County Conservation Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--WILDERNESS AREA Sec. 101. Findings. Sec. 102. Addition to National Wilderness Preservation System. Sec. 103. Administration. Sec. 104. Fish and wildlife management. Sec. 105. Release of wilderness study area. Sec. 106. Native American cultural and religious uses. TITLE II--TRIBAL CULTURAL RESOURCES Sec. 201. Transfer of land to be held in trust for the Washoe Tribe. Sec. 202. Cooperative management agreement. TITLE III--PUBLIC CONVEYANCES Sec. 301. Conveyance to the State of Nevada. Sec. 302. Concessionaires at the Round Hill Pines Management Area and Dreyfus Estate Management Area. Sec. 303. Transfer of administrative jurisdiction from the Forest Service to the State, county, or local government for public purposes. Sec. 304. Conveyance and lease to Douglas County, Nevada. Sec. 305. Sale of certain Federal land. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Douglas County, Nevada. (2) PUBLIC LAND- The term `public land' has the meaning given the term `public lands' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) with respect to National Forest System land, the Secretary of Agriculture. acting through the Chief of the Forest Service; and (B) with respect to land managed by the Bureau of Land Management, including land held for the benefit of the Tribe, the Secretary of the Interior. (4) STATE- The term `State' means the State of Nevada. (5) TRIBE- The term `Tribe' means the Washoe Tribe of Nevada and California. (6) WILDERNESS- The term `Wilderness' means the Burbank Canyon Wilderness designated by section 102(a). TITLE I--WILDERNESS AREA SEC. 101. FINDINGS. Congress finds that-- (1) public land in the County contains unique and spectacular natural resources, including-- (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; and (2) continued preservation of those resources would benefit the County and all of the United States by-- (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality. SEC. 102. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 12,330 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the map entitled `Proposed Burbank Canyon Wilderness' and dated June 26, 2013, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Burbank Canyons Wilderness'. (b) Boundary- The boundary of any portion of the Wilderness that is bordered by a road shall be at least 100 feet from the edge of the road to allow public access. (c) National Landscape Conservation System- The Wilderness shall be administered as a component of the National Landscape Conservation System. (d) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the Wilderness. (2) EFFECT- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any minor error in the map or legal description. (3) AVAILABILITY- A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Withdrawal- Subject to valid existing rights, the Wilderness is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. SEC. 103. ADMINISTRATION. (a) In General- Subject to valid existing rights, the Wilderness shall be administered by the Secretary concerned in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act-- (1) to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Livestock- Within the Wilderness, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue subject to such reasonable regulations, policies, and practices as the Secretary concerned considers to be necessary in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (c) Incorporation of Acquired Land and Interests- Any land or interest in land within the boundaries of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent Management- (1) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military Overflights- Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Existing Airstrips- Nothing in this Act restricts or precludes low-level overflights by aircraft utilizing airstrips in existence on the date of enactment of this Act that are located within 5 miles of the proposed boundary of the Wilderness. (g) Wildfire, Insect, and Disease Management- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary concerned may take any measures in the Wilderness that the Secretary concerned determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary concerned determines to be necessary. (h) Water Rights- (1) FINDINGS- Congress finds that-- (A) the Wilderness is located-- (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any-- (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the Wilderness is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) PURPOSE- The purpose of this section is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (3) STATUTORY CONSTRUCTION- Nothing in this Act-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) NEVADA WATER LAW- The Secretary concerned shall follow the procedural and substantive requirements of State law so as to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) NEW PROJECTS- (A) DEFINITION OF WATER RESOURCE FACILITY- (i) IN GENERAL- In this paragraph, the term `water resource facility' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) EXCLUSION- The term `water resource facility' does not include wildlife guzzlers. (B) RESTRICTION ON NEW WATER RESOURCE FACILITIES- Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within any wilderness area, including a portion of a wilderness area, that is located in the County. SEC. 104. FISH AND WILDLIFE MANAGEMENT. (a) In General- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (b) Management Activities- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support those populations, if the activities are carried out-- (1) in a manner that is consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary concerned, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing Activities- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (d) Hunting, Fishing, and Trapping- (1) IN GENERAL- The Secretary concerned may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) CONSULTATION- Except in emergencies, the Secretary concerned shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (e) Cooperative Agreement- (1) IN GENERAL- The State may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary of the Interior and the State entitled `Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary of the Interior and the State; and (B) subject to all applicable laws (including regulations). (2) REFERENCES; CLARK COUNTY- For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. SEC. 105. RELEASE OF WILDERNESS STUDY AREA. (a) Finding- Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Bureau of Land Management land in any portion of the Burbank Canyons Wilderness study area not designated as wilderness by section 102 has been adequately studied for wilderness designation. (b) Release- Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with-- (A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and (B) cooperative conservation agreements in existence on the date of enactment of this Act. SEC. 106. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. Nothing in this title diminishes-- (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. TITLE II--TRIBAL CULTURAL RESOURCES SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE. (a) In General- Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the land described in subsection (b)-- (1) shall be held in trust by the United States for the benefit of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of Land- The land referred to in subsection (a) consists of the approximately 1,178 acres of land, as generally depicted on the Map as `To Washoe Tribe'. (c) Survey- Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 202. COOPERATIVE MANAGEMENT AGREEMENT. (a) In General- The Secretary of Agriculture, in consultation with the Tribe and County, shall develop and implement a cooperative management agreement for the land described in subsection (b)-- (1) to preserve cultural resources; (2) to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and (3) to protect recreational uses. (b) Description of Land- The land referred to in subsection (a) consists of the approximately 1,811 acres of land, as generally depicted on the Map as `Cooperative Management Area'. TITLE III--PUBLIC CONVEYANCES SEC. 301. CONVEYANCE TO THE STATE OF NEVADA. (a) Conveyance- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall convey to the State, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) is the approximately 67 acres of Forest Service land, as generally depicted on the Map as `Lake Tahoe-Nevada State Park'. (c) Costs- Any costs relating to the conveyance under subsection (a), including costs for surveys and other administrative costs, shall be paid by the State. (d) Use of Land- (1) IN GENERAL- Any land conveyed to the State under subsection (a) shall be used only for-- (A) the conservation of wildlife or natural resources; or (B) a public park. (2) FACILITIES- Any facility on the land conveyed under subsection (a) shall be constructed and managed in a manner consistent with the uses described in paragraph (1). (e) Reversion- If any portion of the land conveyed under subsection (a) is used in a manner that is inconsistent with the uses described in subsection (d), that land shall, at the discretion of the Secretary concerned, revert to the United States. SEC. 302. CONCESSIONAIRES AT THE ROUND HILL PINES MANAGEMENT AREA AND DREYFUS ESTATE MANAGEMENT AREA. (a) Prospectus- Subject to subsection (b), not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall make publicly available a prospectus to solicit one or more concessionaires for-- (1) the approximately 200 acres of land as generally depicted on the Map as `Round Hill Pines Resort'; and (2) the approximately 416 acres of land as generally depicted on the Map as `Zephyr Shoals'. (b) Exclusions- (1) SPECIAL USE PERMITS- This section shall not apply to any land or portion of land described in subsection (a) for which a concessionaire has a contract to operate under a special use permit issued before the date of enactment of this Act. (2) PRIOR PROSPECTUSES- This section shall not apply to any land or portion of land described in subsection (a) for which the Secretary of Agriculture has made publicly available before the date of enactment of this Act a prospectus for that land or portion of land. (c) Consultation- In carrying out this section, the Secretary of Agriculture shall consult with the Tribe, the County, the State, and other interested parties-- (1) to satisfy any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332); and (2) to prepare for the orderly and smooth transition of the operation of the land described in subsection (a) to one or more concessionaires. (d) Treatment of Proceeds- Any fees received under a concession contract under this section shall remain available to the Forest Service, until expended, without further appropriations, for use within the Lake Tahoe Basin Management Unit under the authorities provided by the Act of April 24, 1950 (commonly known as the `Granger-Thye Act') (64 Stat. 82, chapter 97). (e) Administrative Jurisdiction Transfer- (1) IN GENERAL- If the Secretary of Agriculture has not entered into a concession contract for the land described in subsection (a) by the date that is 2 years after the date on which the prospectus is published under that subsection, consistent with section 3(a) of Public Law 96-586 (94 Stat. 3383) (commonly known as the `Santini-Burton Act'), the Secretary of Agriculture shall transfer to the County, without consideration, administrative jurisdiction of that land for a period of 99 years. (2) EXCEPTION- If the Secretary of Agriculture has taken steps to enter into a concession contract for the land described in subsection (a), including substantial completion of any requirement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), the transfer of administrative jurisdiction under paragraph (1) shall not take place unless the Secretary of Agriculture has not entered into a concession contract by the date that is 30 months after the date on which the prospectus is published under subsection (a). (3) COSTS- Any costs relating to a transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (4) USE OF LAND- Any property transferred to the County under paragraph (1) shall-- (A) be managed by the County-- (i) to maintain undeveloped open space; (ii) to preserve the natural characteristics of the land in perpetuity; and (iii) to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (B) be used for diverse recreation opportunities or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (5) REVERSION- If any land or portion of land transferred under this section is used in a manner that is inconsistent with this section, the parcel of land shall, at the discretion of the Secretary of Agriculture, revert to the United States. SEC. 303. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE FOREST SERVICE TO THE STATE, COUNTY, OR UNIT OF LOCAL GOVERNMENT FOR PUBLIC PURPOSES. (a) In General- Consistent with section 3(b) of Public Law 96-586 (commonly known as the `Santini-Burton Act') (94 Stat. 3384), on request by the State or County, the Secretary may transfer the land or interests in land described in subsection (b) to the State, County, or applicable unit of local government without consideration, subject to appropriate deed restrictions to protect the environmental quality and public recreational use of the land transferred. (b) Description of Land- The land referred to in subsection (a) is any Forest Service land that is within the boundaries of the area subject to acquisition that is unsuitable for Forest Service administration or necessary for a public purpose, as depicted on the map entitled `Douglas County Conservation Act of 2013' and dated June 27, 2013. (c) Use of Land- The land transferred under subsection (a) shall-- (1) be managed by the State, County, or unit of local government to maintain undeveloped open space and to preserve the natural characteristics of the transferred land in perpetuity; (2) be managed by the State, County, or unit of local government to protect and enhance water quality, stream environment zones, and important wildlife habitat; and (3) be used by the State, County, or unit of local government for recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (d) Reversion- If a parcel of land transferred under subsection (a) is used in a manner that is inconsistent with the use described for the parcel of land in subsection (c), the parcel of land shall, at the discretion of the Secretary, revert to the United States. (e) Legal Description and Map- As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare a map and legal description of the land transferred under subsection (a). SEC. 304. CONVEYANCE AND LEASE TO DOUGLAS COUNTY, NEVADA. (a) Definition of Map- In this section and section 305, the term `Map' means the map entitled `Douglas County, Nevada' and dated March 1, 2012. (b) Authorization of Conveyance- Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), the Secretary concerned shall-- (1) convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b); and (2) lease to the County, without consideration, the approximately 5,232 acres of land identified on the Map as `BLM Flood Control'. (c) Description of Land- The land referred to in subsection (b)(1) consists of-- (1) the approximately 5,441 acres of land as generally depicted on the Map as `Flood Control and Management'; (2) the approximately 45 acres of land as generally depicted on the Map as `Water Resource Infrastructure'; (3) the approximately 2,263 acres of land as generally depicted on the Map as `Recreation and Public Purposes'; and (4) the approximately 815 acres of land as generally depicted on the Map as Forest Service recreation parcels. (d) Costs- Any costs relating to the conveyance under subsection (b)(1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (e) Use of Land- (1) FLOOD CONTROL AND MANAGEMENT AREA- (A) IN GENERAL- The land described in subsection (c)(1) shall be managed by the County for-- (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) recreation, including the construction of trails and trailhead facilities; (iv) the use of motorized vehicles on designated roads, trails, and areas; (v) undeveloped open space, customary agricultural practices, wildlife protection; and (vi) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(1) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (2) WATER RESOURCE INFRASTRUCTURE- (A) IN GENERAL- The land described in subsection (c)(2) shall be managed by the County for-- (i) any infrastructure project required for municipal water and flood management activities; (ii) fuels reduction projects; (iii) passive recreation; (iv) undeveloped open space and wildlife protection; and (v) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(2) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (3) RECREATION AND PUBLIC PURPOSES- (A) IN GENERAL- The land described in subsection (c)(3) shall be managed by the County for-- (i) undeveloped open space; and (ii) recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (B) REVERSION- If the land described in subsection (c)(3) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. (4) FOREST SERVICE RECREATION- (A) IN GENERAL- The land described in subsection (c)(4) shall be managed by the County for-- (i) undeveloped open space; (ii) customary agricultural practices; (iii) wildlife protection; and (iv) the preservation of the natural characteristics of the land, in perpetuity. (B) REVERSION- If the land described in subsection (c)(4) is used in a manner that is inconsistent with the uses described in this paragraph, the land shall, at the discretion of the Secretary concerned, revert to the United States. SEC. 305. SALE OF CERTAIN FEDERAL LAND. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary concerned shall, in accordance with the other provisions of that Act and any other applicable law, and subject to valid existing rights, conduct one or more sales of the Federal land described in subsection (b) to qualified bidders. (b) Description of Land- The Federal land referred to in subsection (a) consists of-- (1) the approximately 287 acres of public lands as generally depicted on the Map as `BLM Lands for Conveyance'; and (2) not more than 10,000 acres of land in the County that-- (A) is not segregated or withdrawn on or after the date of enactment of this Act, unless the land is withdrawn in accordance with subsection (g); and (B) is identified for disposal by the Secretary concerned through-- (i) the Carson City Consolidated Resource Management Plan; or (ii) any subsequent amendment to the management plan that is undertaken with full public involvement. (c) Joint Selection Required- The Secretary concerned and the County shall jointly select which Federal land described in subsection (b)(2) to offer for sale under subsection (a). (d) Compliance With Local Planning and Zoning Laws- Before carrying out a sale of Federal land under subsection (a), the County shall submit to the Secretary concerned a certification that qualified bidders have agreed to comply with-- (1) County zoning ordinances; and (2) any master plan for the area approved by the County. (e) Method of Sale; Consideration- The sale of Federal land under subsection (a) shall be-- (1) through a competitive bidding process, unless otherwise determined by the Secretary concerned; and (2) for not less than fair market value. (f) Recreation and Public Purposes Act Conveyances- (1) IN GENERAL- Not later than 30 days before any land described in subsection (b)(2)(B) is offered for sale under subsection (a), the State or County may elect to obtain the land for public purposes in accordance with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (2) RETENTION- Pursuant to an election made under paragraph (1), the Secretary concerned shall retain the elected land for conveyance to the State or County in accordance with the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (g) Withdrawal- (1) IN GENERAL- Subject to valid existing rights and except as provided in paragraph (2), the Federal land described in subsection (b) is withdrawn from-- (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) EXCEPTION- Paragraph (1)(A) shall not apply to a sale made consistent with this section or an election by the County or the State to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (h) Deadline for Sale- (1) IN GENERAL- Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, if there is a qualified bidder for the land described in subsection (b), the Secretary concerned shall offer the land for sale to the qualified bidder. (2) POSTPONEMENT; EXCLUSION FROM SALE- At the request of the County, the Secretary concerned may temporarily postpone or exclude from the sale all or a portion of the land described in subsection (b). (i) Disposition of Proceeds- (1) IN GENERAL- Of the proceeds from the sale of land under this section-- (A) 5 percent shall be disbursed to the State for use by the State for general education programs of the State; (B) 10 percent shall be disbursed to the County for use by the County to implement the County Open Space and Agricultural Implementation Plan; and (C) 85 percent shall be deposited in a special account in the Treasury of the United States, to be known as the `Douglas County Special Account', which shall be available to the Secretary concerned until expended, without further appropriation-- (i) to reimburse costs incurred by the Secretary concerned in preparing for the sale of the land described in subsection (b), including-- (I) the costs of surveys and appraisals; and (II) compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713); (ii) to reimburse costs incurred by the Bureau of Land Management and the Forest Service in preparing for and carrying out the transfers of land to be held in trust by the United States under title II; and (iii) to acquire environmentally sensitive land or an interest in environmentally sensitive land in the County, pursuant to the Douglas County Open Space and Agricultural Lands Preservation Implementation Plan that is undertaken with full public involvement. (j) Availability of Funds- Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045; 123 Stat. 1114) is amended-- (1) in paragraph (3)(A)(iv), by striking `Clark, Lincoln, and White Pine Counties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))' and inserting `Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City subject to paragraph (5)), and Douglas County (subject to paragraph (6))'; (2) in paragraph (3)(A)(v), by striking `Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5))' and inserting `Clark, Lincoln, and White Pine Counties, Washoe County (subject to paragraph (4)), Carson City (subject to paragraph (5)), and Douglas County (subject to paragraph (6))'; and (3) by adding at the end the following: `(6) LIMITATION FOR DOUGLAS COUNTY- Douglas County shall be eligible to nominate for expenditure amounts to acquire land or an interest in land for parks, trails, or natural areas and for conservation initiatives-- `(A) within the Carson River watershed; `(B) within the Walker River watershed; or `(C) for the protection of sage grouse.'.
S.1261 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 9, 2014.--Mr. Heinrich added as cosponsor. S.1261 Energy Efficient Government Technology Act (Introduced in Senate - IS) S 1261 IS 113th CONGRESS1st SessionS. 1261 To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. UDALL of Colorado (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Energy Efficient Government Technology Act'. SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND COMMUNICATIONS TECHNOLOGIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: `(h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the `Director') to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information and communications technologies and practices. `(2) CONTENT- Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. `(3) ADMINISTRATION- In developing an implementation strategy, each Federal agency shall-- `(A) consider information and communications technologies (referred to in this subsection as `ICT') and related infrastructure and practices, such as-- `(i) advanced metering infrastructure; `(ii) ICT services and products; `(iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; `(iv) ICT and related infrastructure power management; `(v) building information modeling, including building energy management; and `(vi) secure telework and travel substitution tools; and `(B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. `(4) PERFORMANCE GOALS- `(A) IN GENERAL- Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. `(B) ENERGY EFFICIENT DATA CENTERS- The Director shall include within the performance goals established under this paragraph-- `(i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; `(ii) overall asset utilization; and `(iii) recommendations and best practices for how the benchmarks will be attained, with the recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting and utility energy services contracting as preferred acquisition methods. `(C) ADMINISTRATION- The performance goals established under this paragraph shall-- `(i) measure information technology costs over a specific time period of 3 to 5 years; `(ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and `(iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. `(5) FEDERAL DATA CENTERS TASK FORCE- `(A) IN GENERAL- The Director shall maintain a Governmentwide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. `(B) DUTIES- The members of the task force shall-- `(i) be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency; and `(ii) regularly exchange best practices and other strategic information related to energy efficiency with the private sector. `(6) REPORTS- `(A) AGENCY REPORTS- Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of the efforts and results of the agency under this subsection. `(B) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts and results of Federal agencies under this subsection.'. SEC. 3. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (c), by striking paragraph (1) and inserting the following: `(1) IN GENERAL- Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act, the Secretary and the Administrator shall-- `(A) designate an established information technology industry organization to coordinate the program described in subsection (b); and `(B) make the designation public, including on an appropriate website.'; (2) by striking subsections (e) and (f) and inserting the following: `(e) Study- The Secretary, with assistance from the Administrator, shall-- `(1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2012; `(B) an analysis considering the impact of information and communications technologies asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and `(C) updated projections and recommendations for best practices; and `(2) collaborate with the organization designated under subsection (c) in preparing the report. `(f) Data Center Energy Practitioner Program- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. `(2) EVALUATIONS- Each Federal agency shall have the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency.'; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: `(g) Open Data Initiative- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. `(2) ADMINISTRATION- In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) ICT Asset Utilization Metric- The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information and communications technology systems and related infrastructure.'.
S.1253 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee. (27) S.1253 Lower Farmington River and Salmon Brook Wild and Scenic River Act (Introduced in Senate - IS) S 1253 IS 113th CONGRESS1st SessionS. 1253 To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. MURPHY (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Lower Farmington River and Salmon Brook Wild and Scenic River Act'. SEC. 2. FINDINGS. The Congress finds that-- (1) the Lower Farmington River and Salmon Brook Study Act of 2005 (Public Law 109-370) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08-37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109-370, this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with the designation made by section 3 of this Act. SEC. 3. DESIGNATION. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: `(208) LOWER FARMINGTON RIVER AND SALMON BROOK, CONNECTICUT- Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: `(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. `(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. `(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. `(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. `(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.'. SEC. 4. MANAGEMENT. (a) In General- The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee- The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative Agreements- (1) IN GENERAL- In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with-- (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) CONSISTENCY- All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land Management- (1) ZONING ORDINANCES- For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) ACQUISITION OF LAND- The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e) Rainbow Dam- The designation made by section 3 shall not be construed to-- (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION REVISION. Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended in the first sentence-- (1) by striking `14-mile' and inserting `15.1-mile'; and (2) by striking `to the downstream end of the New Hartford-Canton, Connecticut town line' and inserting `to the confluence with the Nepaug River'. SEC. 6. DEFINITIONS. For the purposes of this Act: (1) MANAGEMENT PLAN- The term `management plan' means the management plan referred to in section 2(3). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior.
S.1252 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee (27) May 22, 2014.--Reported without amendment. S. Rept. No. 113-170. May 22, 2014.--Placed on Senate Legislative Calendar.[Calendar No. 396]. S.1252 Upper Missisquoi and Trout Wild and Scenic Rivers Act (Introduced in Senate - IS) S 1252 IS 113th CONGRESS1st SessionS. 1252 To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers System. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. SANDERS (for himself and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the Missisquoi River and the Trout River in the State of Vermont, as components of the National Wild and Scenic Rivers System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Upper Missisquoi and Trout Wild and Scenic Rivers Act'. SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) MISSISQUOI RIVER AND TROUT RIVER, VERMONT- The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: `(A) The 20.5-mile segment of the Missisquoi River from the Lowell/Westfield town line to the Canadian border in North Troy, excluding the property and project boundary of the Troy and North Troy hydroelectric facilities. `(B) The 14.6-mile segment of the Missisquoi River from the Canadian border in Richford to the upstream project boundary of the Enosburg Falls hydroelectric facility in Sampsonville. `(C) The 11-mile segment of the Trout River from the confluence of the Jay and Wade Brooks in Montgomery to where the Trout River joins the Missisquoi River in East Berkshire.'. SEC. 3. MANAGEMENT. (a) Management- (1) IN GENERAL- The river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be managed in accordance with-- (A) the Upper Missisquoi and Trout Rivers Management Plan developed during the study described in section 5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(19)) (referred to in this section as the `management plan'); and (B) such amendments to the management plan as the Secretary determines are consistent with this Act and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this section as the `Committee'). (2) COMPREHENSIVE MANAGEMENT PLAN- The management plan, as finalized in March 2013, and as amended, shall be considered to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b) Committee- The Secretary shall coordinate management responsibility of the Secretary of the Interior under this Act with the Committee, as specified in the management plan. (c) Cooperative Agreements- (1) IN GENERAL- In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of the Wild and Scenic Rivers Act with-- (A) the State of Vermont; (B) the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and (C) appropriate local, regional, statewide, or multi-state planning, environmental, or recreational organizations. (2) CONSISTENCY- Each cooperative agreement entered into under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Effect on Existing Hydroelectric Facilities- (1) IN GENERAL- The designation of the river segments by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), does not-- (A) preclude the Federal Energy Regulatory Commission from licensing, relicensing, or otherwise authorizing the operation or continued operation of the Troy Hydroelectric, North Troy, or Enosburg Falls hydroelectric project under the terms of licenses or exemptions in effect on the date of enactment of this Act; or (B) limit modernization, upgrade, or other changes to the projects described in paragraph (1) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (2) HYDROPOWER PROCEEDINGS- Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings-- (A) shall not be considered to be project works for purposes of this Act; and (B) may be located within the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), subject to a written determination by the Secretary that the measures are consistent with the purposes of the designation. (e) Land Management- (1) ZONING ORDINANCES- For the purpose of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances adopted by the towns of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield in the State of Vermont, including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be considered to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) ACQUISITIONS OF LAND- The authority of the Secretary to acquire land for the purposes of the segments designated in paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) shall be-- (A) limited to acquisition by donation or acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (f) Relation to National Park System- Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Missisquoi and Trout Rivers shall not be administered as part of the National Park System or be subject to regulations that govern the National Park System. (g) Designation of Additional Segment- (1) DEFINITION OF ADDITIONAL SEGMENT- In this subsection, the term `additional segment' means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) FINDINGS- Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) DESIGNATION AND ADMINISTRATION- If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)-- (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C) the Secretary shall administer the additional segment as a recreational river. (4) DETERMINATION OF LOCAL SUPPORT- The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation.
H.Res.1241 Dec-09-13
STATUS: March 18, 2013.--Introduced. December 3, 2013.--Passed House on motion to suspend the rules and pass the bill Agreed to by voice vote. December 9, 2013.--Referred to Senate Committee on Energy and Natural Resources. July 30, 2014.--Hearing by subcommittee. (59) H.R.1241 To facilitate a land exchange involving certain National Forest System lands in the Inyo National Forest, and for other purposes. (Referred in Senate - RFS) HR 1241 RFS 113th CONGRESS1st Session H. R. 1241IN THE SENATE OF THE UNITED STATESDecember 9, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To facilitate a land exchange involving certain National Forest System lands in the Inyo National Forest, 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. SPECIAL RULES FOR INYO NATIONAL FOREST LAND EXCHANGE. (a) Authority To Accept Lands Outside Boundaries of Inyo National Forest- In any land exchange involving the conveyance of certain National Forest System land located within the boundaries of Inyo National Forest in California, as shown on the map titled `Federal Parcel' and dated June 2011, the Secretary of Agriculture may accept for acquisition in the exchange certain non-Federal lands in California lying outside the boundaries of Inyo National Forest, as shown on the maps titled `DWP Parcel - Interagency Visitor Center Parcel' and `DWP Parcel - Town of Bishop Parcel' and dated June 2011, if the Secretary determines that acquisition of the non-Federal lands is desirable for National Forest System purposes. (b) Cash Equalization Payment; Use- In an exchange described in subsection (a), the Secretary of Agriculture may accept a cash equalization payment in excess of 25 percent. Any such cash equalization payment shall be deposited into the account in the Treasury of the United States established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a) and shall be made available to the Secretary for the acquisition of land for addition to the National Forest System. (c) Rule of Construction- Nothing in this section shall be construed to grant the Secretary of Agriculture new land exchange authority. This section modifies the use of land exchange authorities already available to the Secretary as of the date of the enactment of this Act. Passed the House of Representatives December 3, 2013. Attest: KAREN L. HAAS, Clerk.
S.1240 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 30, 2013.--Committee hearing held. S.1240 Nuclear Waste Administration Act of 2013 (Introduced in Senate - IS) S 1240 IS 113th CONGRESS1st SessionS. 1240 To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. WYDEN (for himself, Ms. MURKOWSKI, Mrs. FEINSTEIN, and Mr. ALEXANDER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a new organization to manage nuclear waste, provide a consensual process for siting nuclear waste facilities, ensure adequate funding for managing nuclear waste, 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 `Nuclear Waste Administration Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS Sec. 101. Findings. Sec. 102. Purposes. Sec. 103. Definitions. TITLE II--NUCLEAR WASTE ADMINISTRATION Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Other officers. Sec. 204. Inspector General. Sec. 205. Nuclear Waste Oversight Board. Sec. 206. Conforming amendments. TITLE III--FUNCTIONS Sec. 301. Transfer of functions. Sec. 302. Transfer of contracts. Sec. 303. Nuclear waste facilities. Sec. 304. Siting nuclear waste facilities. Sec. 305. Storage facilities. Sec. 306. Repositories. Sec. 307. Licensing nuclear waste facilities. Sec. 308. Defense waste. Sec. 309. Transportation. TITLE IV--FUNDING AND LEGAL PROCEEDINGS Sec. 401. Working Capital Fund. Sec. 402. Nuclear Waste Fund. Sec. 403. Full cost recovery. Sec. 404. Judicial review. Sec. 405. Litigation authority. Sec. 406. Liabilities. TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS Sec. 501. Administrative powers of Administrator. Sec. 502. Personnel. Sec. 503. Offices. Sec. 504. Mission plan. Sec. 505. Annual reports. Sec. 506. Savings provisions; terminations. Sec. 507. Technical assistance in the field of spent fuel storage and disposal. Sec. 508. Nuclear Waste Technical Review Board. Sec. 509. Repeal of volume limitation. TITLE I--FINDINGS, PURPOSES, AND DEFINITIONS SEC. 101. FINDINGS. Congress finds that-- (1) the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.)-- (A) made the Federal Government responsible for providing for the permanent disposal of nuclear waste; (B) vested the responsibility for siting, constructing, and operating a permanent geologic repository for the disposal of nuclear waste in the Secretary of Energy; and (C) required the Secretary to enter into binding contracts with the generators and owners of nuclear waste pursuant to which the Secretary is obligated to have begun disposing of the nuclear waste in a repository not later than January 31, 1998; (2) in 1987, Congress designated the Yucca Mountain site as the site for the repository and precluded consideration of other sites; (3) in 2002, the Secretary found the Yucca Mountain site to be suitable for the development of the repository, the President recommended the site to Congress, and Congress enacted a joint resolution approving the Yucca Mountain site for the repository; (4) in 2008, the Secretary applied to the Nuclear Regulatory Commission for a license to construct a repository at the Yucca Mountain site; (5) in 2009, the Secretary found the Yucca Mountain site to be unworkable and abandoned efforts to construct a repository; (6) in 2010, the Secretary, at the request of the President, established the Blue Ribbon Commission on America's Nuclear Future to conduct a comprehensive review of the nuclear waste management policies of the United States and recommend a new strategy for managing the nuclear waste of the United States; and (7) the Blue Ribbon Commission has recommended that Congress establish a new nuclear waste management organization and adopt a new consensual approach to siting nuclear waste management facilities. SEC. 102. PURPOSES. The purposes of this Act are-- (1) to establish a new nuclear waste management organization; (2) to transfer to the new organization the functions of the Secretary relating to the siting, licensing, construction, and operation of nuclear waste management facilities; (3) to establish a new consensual process for the siting of nuclear waste management facilities; (4) to provide for centralized storage of nuclear waste pending completion of a repository; and (5) to ensure that-- (A) the generators and owners of nuclear waste pay the full cost of the program; and (B) funds collected for the program are used for that purpose. SEC. 103. DEFINITIONS. In this Act: (1) ADMINISTRATION- The term `Administration' means the Nuclear Waste Administration established by section 201. (2) ADMINISTRATOR- The term `Administrator' means the Administrator of the Administration. (3) AFFECTED INDIAN TRIBE- The term `affected Indian tribe' means any Indian tribe-- (A) within the reservation boundaries of which a repository or storage facility is proposed to be located; or (B) that has federally defined possessory or usage rights to other land outside of the reservation boundaries that-- (i) arise out of a congressionally ratified treaty; and (ii) the Secretary of the Interior finds, on petition of an appropriate governmental official of the Indian tribe, may be substantially and adversely affected by the repository or storage facility. (4) AFFECTED UNIT OF GENERAL LOCAL GOVERNMENT- (A) IN GENERAL- The term `affected unit of general local government' means the unit of general local government that has jurisdiction over the site of a repository or storage facility. (B) INCLUSION- The term `affected unit of general local government' may include, at the discretion of the Administrator, units of general local government that are contiguous with the unit that has jurisdiction over the site of a repository or storage facility. (5) CIVILIAN NUCLEAR POWER REACTOR- The term `civilian nuclear power reactor' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (6) COMMISSION- The term `Commission' means the Nuclear Regulatory Commission. (7) COMPLIANCE AGREEMENT- The term `compliance agreement' means a legally enforceable agreement between the Secretary and a Federal or State agency requiring the removal of defense waste from a Department of Energy facility. (8) CONTRACT HOLDER- The term `contract holder' means any person who-- (A) generates or holds title to nuclear waste generated at a civilian nuclear power reactor; and (B) has entered into a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or this Act. (9) DEFENSE WASTE- The term `defense waste' means nuclear waste generated by an atomic energy defense activity (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)). (10) DISPOSAL- The term `disposal' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (11) EMERGENCY DELIVERY- (A) IN GENERAL- The term `emergency delivery' means nuclear waste accepted by the Administrator for storage prior to the date provided in the contractual delivery commitment schedule pursuant to article V.D. of the standard contract for disposal of nuclear waste codified in section 961.11 of title 10, Code of Federal Regulations. (B) INCLUSION- The term `emergency delivery' may include, at the discretion of the Administrator, defense waste that is required to be removed from a Department of Energy facility-- (i) pursuant to a compliance agreement; or (ii) to eliminate an imminent and serious threat to the health and safety of the public or the common defense and security. (12) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (13) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (14) MISSION PLAN- The term `mission plan' means the comprehensive report required under section 504. (15) NONPRIORITY WASTE- The term `nonpriority waste' means nuclear waste that does not qualify as priority waste. (16) NUCLEAR WASTE- The term `nuclear waste' means-- (A) spent nuclear fuel; and (B) high-level radioactive waste. (17) NUCLEAR WASTE ACTIVITIES- The term `nuclear waste activities' has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). (18) NUCLEAR WASTE FACILITY- The term `nuclear waste facility' means-- (A) a repository; and (B) a storage facility. (19) NUCLEAR WASTE FUND- The term `Nuclear Waste Fund' means the separate fund in the Treasury established by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)). (20) OVERSIGHT BOARD- The term `Oversight Board' means the Nuclear Waste Oversight Board established by section 205. (21) PILOT FACILITY- The term `pilot facility' means the storage facility for priority waste authorized by section 303(1). (22) PRIORITY WASTE- The term `priority waste' means-- (A) any emergency delivery; and (B) spent nuclear fuel removed from a civilian nuclear power reactor that has been permanently shut down. (23) PUBLIC LIABILITY- The term `public liability' has the meaning given the term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). (24) REPOSITORY- The term `repository' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (25) RESERVATION- The term `reservation' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (26) SECRETARY- The term `Secretary' means the Secretary of Energy. (27) SITE CHARACTERIZATION- (A) IN GENERAL- The term `site characterization' means the site-specific activities that the Administrator determines necessary to support an application to the Commission for a license to construct a repository or storage facility under section 305(c). (B) REPOSITORY SITE CHARACTERIZATION- In the case of a site for a repository, the term `site characterization' may include borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository. (C) STORAGE SITE CHARACTERIZATION- In the case of a site for an above-ground storage facility, the term `site characterization' does not include subsurface borings and excavations that the Administrator determines are uniquely associated with underground disposal and unnecessary to evaluate the suitability of a candidate site for the location of an above-ground storage facility. (D) PRELIMINARY ACTIVITIES- The term `site characterization' does not include preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken. (28) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (29) STORAGE- The term `storage' means the temporary retention of nuclear waste pending the disposal of the nuclear waste in a repository. (30) STORAGE FACILITY- The term `storage facility' means a facility for the consolidated storage of nuclear waste from multiple contract holders or the Secretary pending the disposal of the spent nuclear fuel in a repository. (31) UNIT OF GENERAL LOCAL GOVERNMENT- The term `unit of general local government' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (32) WORKING CAPITAL FUND- The term `Working Capital Fund' means the Nuclear Waste Administration Working Capital Fund established by section 401. TITLE II--NUCLEAR WASTE ADMINISTRATION SEC. 201. ESTABLISHMENT. (a) Establishment- There is established an independent agency in the executive branch to be known as the `Nuclear Waste Administration'. (b) Purpose- The purposes of the Administration are-- (1) to discharge the responsibility of the Federal Government to provide for the permanent disposal of nuclear waste; (2) to protect the public health and safety and the environment in discharging the responsibility under paragraph (1); and (3) to ensure that the costs of activities under paragraph (1) are borne by the persons responsible for generating the nuclear waste. SEC. 202. PRINCIPAL OFFICERS. (a) Administrator- (1) APPOINTMENT- There shall be at the head of the Administration a Nuclear Waste Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Administrator. (2) TERM- The term of service of the Administrator shall be 6 years. (3) REAPPOINTMENT- An Administrator may serve more than 1 term. (4) FUNCTIONS AND POWERS- The functions and powers of the Administration shall be vested in and exercised by the Administrator. (5) SUPERVISION AND DIRECTION- The Administration shall be administrated under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration. (6) DELEGATION- The Administrator may, from time to time and to the extent permitted by law, delegate such functions of the Administrator as the Administrator determines to be appropriate. (7) COMPENSATION- The President shall fix the total annual compensation of the Administrator in an amount that-- (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Chief Executive Officer of the Tennessee Valley Authority. (b) Deputy Administrator- (1) APPOINTMENT- There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who are, by reason of education, experience, and attainments, exceptionally well qualified to perform the duties of the Deputy Administrator. (2) TERM- The term of service of the Deputy Administrator shall be 6 years. (3) REAPPOINTMENT- A Deputy Administrator may serve more than 1 term. (4) DUTIES- The Deputy Administrator shall-- (A) perform such functions as the Administrator shall from time to time assign or delegate; and (B) act as the Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator. (5) COMPENSATION- The President shall fix the total annual compensation of the Deputy Administrator in an amount that-- (A) is sufficient to recruit and retain a person of demonstrated ability and achievement in managing large corporate or governmental organizations; and (B) does not exceed the total annual compensation paid to the Administrator. SEC. 203. OTHER OFFICERS. (a) Establishment- There shall be in the Administration-- (1) a General Counsel; (2) a Chief Financial Officer, who shall be appointed from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, financial management practices in large governmental or business entities; and (3) not more than 3 Assistant Administrators, who shall perform such functions as the Administrator shall specify from time to time. (b) Appointment- Officers appointed under this section shall-- (1) be appointed by the Administrator; (2) be considered career appointees; and (3) be subject to section 161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)). (c) Order of Succession- The Administrator may designate the order in which the officers appointed pursuant to this section shall act for, and perform the functions of, the Administrator during the absence or disability of the Administrator and the Deputy Administrator or in the event of vacancies in the offices of the Administrator and the Deputy Administrator. SEC. 204. INSPECTOR GENERAL. There shall be in the Administration an Inspector General, who shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.). SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD. (a) Establishment- There is established an independent establishment in the executive branch, to be known as the `Nuclear Waste Oversight Board'-- (1) to oversee-- (A) the receipt, disbursement, and use of funds in the Working Capital Fund and the Nuclear Waste Fund; (B) the adequacy of the fees collected under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) to ensure the full recovery of the costs incurred by the Federal Government in carrying out activities under this Act and the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.); and (C) the performance of the Administrator in-- (i) fulfilling contracts with contract holders; and (ii) complying with the mission plan; and (2) to review the annual management reports and financial statements submitted by the Administrator under section 505. (b) Members- The Oversight Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among prominent United States citizens of integrity and reputation who, based on the training, experience, and attainments of the individuals, are exceptionally well qualified to evaluate and oversee the administration of this Act. (c) Political Affiliation- Not more than 3 members of the Oversight Board may be members of the same political party. (d) Terms- (1) IN GENERAL- Except as provided in paragraphs (2) and (3), each member shall serve a term of 5 years. (2) INITIAL TERMS- (A) STARTING DATE- The term of the first 5 members appointed to the Oversight Board shall be treated as having started on the first July 1 after the date of enactment of this Act. (B) STAGGERED TERM- Of the 5 members first appointed to the Board under subparagraph (A)-- (i) 1 shall be appointed for a term of 1 year; (ii) 1 shall be appointed for a term of 2 years; (iii) 1 shall be appointed for a term of 3 years; (iv) 1 shall be appointed for a term of 4 years; and (v) 1 shall be appointed for a term of 5 years. (3) EXTENSION OF TERM- (A) IN GENERAL- Subject to subparagraph (B), a member of the Oversight Board may continue to serve after the expiration of the term of the member until a successor is appointed, has been confirmed, and has taken the oath of office. (B) LIMITATION- No member of the Oversight Board may serve beyond the end of the session of the Congress in which the term of the member expires. (4) VACANCIES- A member of the Oversight Board appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term of the predecessor. (5) REAPPOINTMENT- A member of the Oversight Board may be reappointed for an additional term by the President, by and with the advice and consent of the Senate. (e) Removal- The President may remove any member of the Oversight Board for inefficiency, neglect of duty, or malfeasance in office. (f) Chair- The President shall designate 1 member of the Oversight Board as Chair of the Oversight Board. (g) Acting Chair- The Chair designated under subsection (f) may from time to time designate any other member of the Oversight Board to act in the place and stead of the Chair during the absence. (h) Quorum- 3 members of the Oversight Board shall constitute a quorum for the purpose of doing business. (i) Equal Responsibility and Authority- Each member of the Oversight Board, including the Chair, shall have-- (1) equal responsibility and authority in all decisions and actions of the Oversight Board; (2) full access to all information relating to the performance of the duties and responsibilities of the member; and (3) 1 vote. (j) Conflict of Interest- No member of the Oversight Board shall-- (1) be employed by the Administration or the Department of Energy; or (2) have a financial interest in (including an employment relationship with) any contract holder or contractor of the Administration. (k) Compensation- (1) IN GENERAL- Each member of the Oversight Board shall be paid at the rate of pay payable for level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code, for each day (including travel time) the member is engaged in the work of the Oversight Board. (2) TRAVEL EXPENSES- Each member of the Oversight Board may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (l) Meetings- The Oversight Board shall meet at least once every 90 days. (m) Functions- The Oversight Board shall-- (1) review, on an ongoing basis-- (A) the progress made by the Administrator in siting, constructing, and operating nuclear waste facilities under this Act; (B) the use of funds made available to the Administrator under this Act; (C) whether the fees collected from contract holders are sufficient to ensure full cost recovery or require adjustment; and (D) the liability of the United States to contract holders; (2) identify any problems that may impede the implementation of this Act; and (3) recommend to the Administrator, the President, or Congress, as appropriate, any actions that may be needed to ensure the implementation of this Act. (n) Reports- The Oversight Board shall report the findings, conclusions, and recommendations of the Oversight Board to the Administrator, the President, and Congress not less than once per year. (o) Response by the Administrator- Not later than 45 days after the date on which the Oversight Board submits a report to the Administrator under subsection (n), the Administrator shall transmit to the Oversight Board, in writing-- (1) a statement of whether the Administrator accepts or rejects, in whole or in part, the recommendations submitted by the Oversight Board; (2) a description of the actions taken in response to the recommendations (or an explanation of the reasons for not acting on the recommendations); and (3) the views of the Administrator on the recommendations. (p) Public Availability- The Administrator shall make all reports under subsection (n) and all responses from the Administrator under subsection (o) available to the public. (q) Executive Secretary- The Oversight Board shall appoint and fix the compensation of an Executive Secretary, who shall-- (1) assemble and maintain the reports, records, and other papers of the Oversight Board; and (2) perform such functions as the Oversight Board shall from time to time assign or delegate to the Executive Secretary. (r) Additional Staff- (1) APPOINTMENT- The Oversight Board may appoint and fix the compensation of such additional clerical and professional staff as may be necessary to discharge the responsibilities of the Oversight Board. (2) LIMITATION- The Oversight Board may appoint not more than 10 clerical or professional staff members under this subsection. (3) SUPERVISION AND DIRECTION- The clerical and professional staff of the Oversight Board shall be under the supervision and direction of the Executive Secretary. (s) Staff Compensation- (1) CLERICAL STAFF- Clerical staff shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule rates. (2) PROFESSIONAL STAFF- Professional staff members may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the maximum rate of pay under the General Schedule. (t) Access to Information- (1) DUTY TO INFORM- The Administrator shall keep the Oversight Board fully and currently informed on all of the activities of the Administration. (2) PRODUCTION OF DOCUMENTS- The Administrator shall provide the Oversight Board with any records, files, papers, data, or information requested by the Oversight Board. (u) Support Services- To the extent permitted by law and requested by the Oversight Board, the Administrator of General Services shall provide the Oversight Board with necessary administrative services, facilities, and support on a reimbursable basis. (v) Health, Safety, and Environmental Regulation- Nothing in this section gives the Oversight Board jurisdiction to regulate the activities of the Administration to protect the health and safety of the public or the environment. (w) Authorization of Appropriations- There are authorized to be appropriated to the Oversight Board from amounts in the Nuclear Waste Fund such sums as are necessary to carry out this section. SEC. 206. CONFORMING AMENDMENTS. (a) Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following: `(R) The Nuclear Waste Administration.'. (b) Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1), by inserting `the Nuclear Waste Administration;' after `Export-Import Bank;'; and (2) in paragraph (2), by inserting `the Nuclear Waste Administration,' after `Export-Import Bank,'. TITLE III--FUNCTIONS SEC. 301. TRANSFER OF FUNCTIONS. There are transferred to and vested in the Administrator all functions vested in the Secretary by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) relating to-- (1) the construction and operation of a repository; (2) entering into and performing contracts for the disposal of nuclear waste under section 302 of that Act (42 U.S.C. 10222); (3) the collection, adjustment, deposition, and use of fees to offset expenditures for the management of nuclear waste; and (4) the issuance of obligations under section 302(e)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)(5)). SEC. 302. TRANSFER OF CONTRACTS. Each contract for the disposal of nuclear waste entered into by the Secretary before the date of enactment of this Act shall continue in effect according to the terms of the contract with the Administrator substituted for the Secretary. SEC. 303. NUCLEAR WASTE FACILITIES. The Administrator shall site, construct, and operate-- (1) a pilot facility for the storage of priority waste; (2) 1 or more additional storage facilities for the storage of nonpriority nuclear waste; and (3) 1 or more repositories for the permanent disposal of nuclear waste. SEC. 304. SITING NUCLEAR WASTE FACILITIES. In siting nuclear waste facilities under this Act or performing any function transferred under section 301(1), the Administrator shall employ a process that-- (1) allows affected communities to decide whether, and on what terms, the affected communities will host a nuclear waste facility; (2) is open to the public and allows interested persons to be heard in a meaningful way; (3) is flexible and allows decisions to be reviewed and modified in response to new information or new technical, social, or political developments; and (4) is based on sound science and meets public health, safety, and environmental standards. SEC. 305. STORAGE FACILITIES. (a) Establishment of Storage Facility Program- The Administrator shall establish a storage program to license, construct, and operate through 1 or more non-Federal sector partners, 1 or more government or non-federally owned storage facilities to provide interim storage, as needed, for spent nuclear fuel and high-level radioactive waste. (b) Pilot Program for the Storage of Priority Waste- (1) REQUEST FOR PROPOSALS- (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a request for proposals for cooperative agreements for a pilot program for the storage of priority waste-- (i) to obtain any license from the Nuclear Regulatory Commission and any other Federal or State entity that is necessary for the construction of 1 or more storage facilities; (ii) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (iii) to demonstrate the safe storage of spent nuclear and high-level radioactive waste, as applicable, at the 1 or more storage facilities, pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste. (B) GUIDELINES- (i) IN GENERAL- The request for proposals under subparagraph (A) shall include general guidelines for the consideration of storage facilities consistent with each requirement of section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)), that the Administrator determines to be applicable to above-ground storage. (ii) REVISIONS- The Administrator may revise the general guidelines from time to time, consistent with this section. (2) REVIEWS OF PROPOSALS- (A) IN GENERAL- The Administrator shall review each proposal submitted under paragraph (1) to evaluate-- (i) the extent to which the applicable States, affected units of general local government, and affected Indian tribes support the proposal; (ii) the likelihood that the proposed site is suitable for site characterization under the guidelines under paragraph (1)(B); (iii) a reasonable comparative evaluation of the proposed site and other proposed sites; (iv) the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; (v) the extent to which each proposal would-- (I) enhance the reliability and flexibility of the system for the disposal of nuclear waste, including co-location with a proposed permanent geological repository; and (II) minimize the impacts of transportation and handling of nuclear waste; (vi) potential conflicts with-- (I) a compliance agreement requiring removal of nuclear waste from a site; or (II) a statutory prohibition on the storage or disposal of nuclear waste at a site; and (vii) any other criteria, including criteria relating to technical or safety specifications, that the Administrator determines to be appropriate. (B) PREFERENCE FOR CO-LOCATED REPOSITORY AND STORAGE FACILITY- In reviewing proposals submitted under paragraph (1), the Administrator shall give preference to sites proposed to be co-located with-- (i) additional storage facilities for nonpriority waste; or (ii) a repository. (3) SITE CHARACTERIZATION- (A) DETERMINATION OF SUITABILITY- After conducting a review under paragraph (2) and any additional site investigation that the Administrator determines to be appropriate, the Administrator shall determine whether the site is suitable for site characterization. (B) SELECTION OF SITE FOR CHARACTERIZATION- From the sites determined to be suitable for site characterization under subparagraph (A), the Administrator shall select at least 1 site for site characterization, giving priority to sites that have been proposed to be co-located with a permanent geological repository, after-- (i) holding public hearings in the vicinity of each site and at least 1 other location within the State in which the site is located; and (ii) notifying Congress. (C) COOPERATIVE AGREEMENT- On selection of a site for characterization under subparagraph (B), the Administrator may enter into a cooperative agreement, subject to section 401(e), with the State, affected units of general local government, and affected Indian tribes, as applicable, that includes-- (i) terms of financial and technical assistance to enable each applicable unit of government to monitor, review, evaluate, comment on, obtain information on, make recommendations on, and mitigate any impacts from, site characterization activities; and (ii) any other term that the Administrator determines to be appropriate. (4) SITE SELECTION- (A) IN GENERAL- Subject to subparagraphs (B) and (C), on completion of site characterization activities, the Administrator shall-- (i) make a final determination for each site of whether the site is suitable for development as a storage facility; and (ii) select 1 or more suitable sites for storage facilities. (B) CONSENT-BASED APPROVAL- Before selecting a site for developing a storage facility, the Administrator shall enter into a consent agreement, subject to section 401(e), to host the facility with-- (i) the Governor or other authorized official of the State in which the site is proposed to be located; (ii) each affected unit of general local government; and (iii) any affected Indian tribe. (C) BINDING EFFECT- The consent agreement-- (i) shall be binding on the parties, subject to section 401(e); and (ii) shall not be amended or revoked except by mutual agreement of the parties. (5) SUBMISSION OF PROGRAM PLAN- Not less than 30 days before selecting a site for development of a storage facility under paragraph (4), the Administrator shall submit to Congress a program plan that includes-- (A) a list of the 1 or more sites the Administrator proposes to select for a storage facility; (B) an estimate of the cost of licensing, constructing, and operating each storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the storage facility; (C) a schedule for-- (i) obtaining from the Nuclear Regulatory Commission any license necessary to construct and operate the storage facility; (ii) constructing the storage facility; (iii) transporting spent fuel to the storage facility; and (iv) removing the spent fuel from, and decommissioning of, the storage facility; (D) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or unit of local government; (E) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the storage facilities developed under this section; and (F) recommendations for any additional legislation needed to authorize and implement the program. (6) SUBMISSION OF LICENSE APPLICATION- On selection of a site under paragraph (4), the applicant (in the case of a non-Federal facility) or the Administrator (in the case of a federally owned facility) shall submit to the Commission an application for a construction authorization for the storage facility. (c) Additional Storage Facilities for Nonpriority Waste- (1) IN GENERAL- The Administrator shall seek to ensure that efforts to site, construct, and operate a storage facility for nonpriority waste are accompanied by parallel efforts to site, construct, and operate 1 or more repositories. (2) STORAGE FACILITIES FOR NONPRIORITY WASTE- Except as provided in paragraphs (3) and (4), the Administrator may issue requests for proposals and select sites for site characterization for 1 or more additional storage facility for nonpriority waste as the Administrator determines to be necessary-- (A) subject to the terms and conditions of this section; and (B) in accordance with the mission plan developed under section 504. (3) FIRST 10 YEARS- During the 10-year period following the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste unless the Administrator has obligated funds for activities under section 306. (4) AFTER FIRST 10 YEARS- After the date that is 10 years after the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste until the Administrator has selected a site for evaluation under section 306(b)(2). (5) STORAGE OF PRIORITY WASTE- Nothing in this section precludes the Administrator from storing priority waste at a storage facility for nonpriority waste. SEC. 306. REPOSITORIES. (a) Siting Guidelines- (1) ISSUANCE- Not later than 1 year after the date of enactment of this Act, the Administrator shall issue general guidelines for the consideration of candidate sites for repositories, which shall-- (A) comply with the requirements of section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)); and (B) require the Administrator to take into account the extent to which a repository would-- (i) enhance the reliability and flexibility of the system for the disposal of nuclear waste; and (ii) minimize the impacts of transportation and handling of nuclear waste. (2) REVISIONS- The Administrator may revise the guidelines in a manner consistent with this subsection and section 112(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10132(a)). (b) Identification of Candidate Sites- (1) REVIEW OF POTENTIAL SITES- As soon as practicable after the date of the issuance of the guidelines under subsection (a), the Administrator shall evaluate potential sites for a repository to determine whether the sites are suitable for site characterization. (2) SITES ELIGIBLE FOR REVIEW- The Administrator shall select sites for evaluation under paragraph (1) from among sites recommended by-- (A) the Governor or duly authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; (C) the governing body of an Indian tribe within the reservation boundaries of which the site is located; or (D) the Administrator, after consultation with, and with the consent of-- (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of the Indian tribe, if the site is located within the reservation of an Indian tribe. (3) SITE INVESTIGATIONS- In evaluating a site under this subsection prior to any determination of the suitability of the site for site characterization, the Administrator-- (A) shall use available geophysical, geological, geochemical, hydrological, and other information; and (B) shall not perform any preliminary borings or excavations at the site unless necessary to determine the suitability of the site and authorized by the landowner. (4) DETERMINATION OF SUITABILITY- The Administrator shall determine whether a site is suitable for site characterization based on an environmental assessment of the site, which shall include-- (A) an evaluation by the Administrator of whether the site is suitable for development as a repository under the guidelines established under subsection (a), including a safety case that provides the basis for confidence in the safety of the proposed nuclear waste facility at the proposed site; (B) an evaluation by the Administrator of the effects of site characterization activities on public health and safety and the environment; (C) a reasonable comparative evaluation of the proposed site and other proposed sites; (D) a description of the decision process by which the site was recommended; (E) an assessment of the regional and local impacts of locating a repository at the site, including the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; and (F) potential conflicts with-- (i) a compliance agreement requiring removal of nuclear waste from a site; or (ii) a statutory prohibition on the storage or disposal of nuclear waste at a site. (c) Site Characterization- (1) SELECTION OF SITES- From among the sites determined to be suitable for site characterization under subsection (b), the Administrator shall select at least 1 site for site characterization as a repository. (2) PREFERENCE FOR CO-LOCATED REPOSITORY AND STORAGE FACILITY- In selecting sites for site characterization as a repository, the Administrator shall give preference and priority to sites determined to be suitable for co-location of a storage facility and a repository. (3) PUBLIC HEARINGS- Before selecting a site for site characterization, the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located-- (A) to inform the public of the proposed site characterization; and (B) to solicit public comments and recommendations with respect to the site characterization plan of the Administrator. (4) CONSULTATION AND COOPERATION AGREEMENT- (A) REQUIREMENT- Before selecting a site for site characterization, the Administrator shall enter into a consultation and cooperation agreement, subject to section 401(e), with-- (i) the Governor of the State in which the site is located; (ii) the governing body of the affected unit of general local government; and (iii) the governing body of any affected Indian tribe. (B) CONTENTS- The consultation and cooperation agreement shall provide-- (i) compensation to the State, any affected units of local government, and any affected Indian tribes for any potential economic, social, public health and safety, and environmental impacts associated with site characterization; and (ii) financial and technical assistance to enable the State, affected units of local government, and affected Indian tribes to monitor, review, evaluate, comment on, obtain information on, and make recommendations on site characterization activities. (d) Final Site Suitability Determination- (1) DETERMINATION REQUIRED- On completion of site characterization activities, the Administrator shall make a final determination of whether the site is suitable for development as a repository. (2) BASIS OF DETERMINATION- In making a determination under paragraph (1), the Administrator shall determine if-- (A) the site is scientifically and technically suitable for development as a repository, taking into account-- (i) whether the site meets the siting guidelines of the Administrator; and (ii) whether there is reasonable assurance that a repository at the site will meet-- (I) the radiation protection standards of the Administrator of the Environmental Protection Agency; and (II) the licensing standards of the Commission; and (B) development of a repository or storage facility at the site is in the national interest. (3) PUBLIC HEARINGS- Before making a final determination under paragraph (1), the Administrator shall hold public hearings in the vicinity of the site and at least 1 other location within the State in which the site is located to solicit public comments and recommendations on the proposed determination. (e) Consent Agreements- (1) REQUIREMENT- On making a final determination of site suitability under subsection (e), but before submitting a license application to the Commission under subsection (g), the Administrator shall enter into a consent agreement, subject to section 401(e), with-- (A) the Governor or other authorized official of the State in which the site is located; (B) the governing body of the affected unit of general local government; and (C) if the site is located on a reservation, the governing body of the affected Indian tribe. (2) CONTENTS- The consent agreement shall-- (A) contain the terms and conditions on which each State, local government, and Indian tribe, as applicable, consents to host the repository; and (B) express the consent of each State, local government, and Indian tribe to host the repository. (3) TERMS AND CONDITIONS- The terms and conditions under paragraph (2)(A)-- (A) shall promote the economic and social well-being of the people living in the vicinity of the repository; and (B) may include-- (i) financial compensation and incentives; (ii) economic development assistance; (iii) operational limitations or requirements; and (iv) regulatory oversight authority. (4) BINDING EFFECT- The consent agreement-- (A) shall be binding on the parties, subject to section 401(e); and (B) shall not be amended or revoked except by mutual agreement of the parties. (f) Submission of License Application- On determining that a site is suitable under subsection (d) and ratification of a consent agreement under subsection (e), the Administrator shall submit to the Commission an application for a construction authorization for the repository. SEC. 307. LICENSING NUCLEAR WASTE FACILITIES. The construction and operation of a storage facility or repository under this Act shall be subject to-- (1) all applicable standards for the protection of the general environment from offsite releases of radioactive material; (2) the licensing and regulatory jurisdiction of the Commission, including all applicable criteria and requirements issued by the Commission under section 121(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)); and (3) the terms and conditions of each consent agree entered into under section 305(b)(4) or section 306(e). SEC. 308. DEFENSE WASTE. (a) Disposal and Storage by Administration- The Secretary-- (1) shall arrange for the Administrator to dispose of defense wastes in a repository developed under this Act; and (2) may arrange for the Administrator to store defense wastes in storage facilities developed under this Act pending disposal in a repository. (b) Memorandum of Agreement- The arrangements shall be covered by a memorandum of agreement between the Secretary and the Administrator. (c) Costs- The portion of the cost of developing, constructing, and operating the repository or storage facilities under this Act that is attributable to defense wastes shall be allocated to the Federal Government and paid by the Federal Government into the Working Capital Fund. (d) Prohibition- No defense waste may be stored or disposed of by the Administrator in any storage facility or repository constructed under this Act until funds are appropriated to the Working Capital Fund in an amount equal to the fees that would be paid by contract holders under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) if such nuclear waste were generated by a contract holder. (e) Commingling Determination- (1) REEVALUATION- Notwithstanding section 8 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10107), the Secretary may reevaluate the decision to commingle defense wastes with nuclear waste from civilian nuclear power reactors. (2) NOTIFICATION- Not later than 1 year after the date of enactment of this Act, the Secretary shall notify the President and the appropriate committees of Congress of whether the Secretary intends to reevaluate the decision under paragraph (1) and the reasons for that decision. (3) SEPARATE NUCLEAR WASTE FACILITIES- If the Secretary finds, after conducting the reevaluation under paragraph (1), that the development of separate nuclear waste facilities for the storage or disposal of defenses wastes is necessary or appropriate for the efficient management of defenses wastes, the Administrator may, with the concurrence of the President, site, construct, and operate 1 or more separate nuclear waste facilities for the storage or disposal of defenses wastes. SEC. 309. TRANSPORTATION. (a) In General- The Administrator shall be responsible for transporting nuclear waste-- (1) from the site of a contract holder to a storage facility or repository; (2) from a storage facility to a repository; and (3) in the case of defense waste, from a Department of Energy site to a repository. (b) Certified Packages- No nuclear waste may be transported under this Act except in packages-- (1) the design of which has been certified by the Commission; and (2) that have been determined by the Commission to satisfy the quality assurance requirements of the Commission. (c) Notification- Prior to any transportation of nuclear waste under this Act, the Administrator shall provide advance notification to States and Indian tribes through whose jurisdiction the Administrator plans to transport the nuclear waste. (d) Transportation Assistance- (1) PUBLIC EDUCATION- The Administrator shall conduct a program to provide information to the public about the transportation of nuclear waste. (2) TRAINING- The Administrator shall provide financial and technical assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste to train public safety officials and other emergency responders on-- (A) procedures required for the safe, routine transportation of nuclear waste; and (B) procedures for dealing with emergency response situations involving nuclear waste, including instruction of-- (i) government and tribal officials and public safety officers in command and control procedures; (ii) emergency response personnel; and (iii) radiological protection and emergency medical personnel. (3) EQUIPMENT- The Administrator shall provide monetary grants and contributions in-kind to assist States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for the purpose of acquiring equipment for responding to a transportation incident involving nuclear waste. (4) TRANSPORTATION SAFETY PROGRAMS- The Administrator shall provide in-kind, financial, technical, and other appropriate assistance to States and Indian tribes through whose jurisdiction the Administrator plans to transport nuclear waste for transportation safety programs related to shipments of nuclear waste. TITLE IV--FUNDING AND LEGAL PROCEEDINGS SEC. 401. WORKING CAPITAL FUND. (a) Establishment- There is established in the Treasury a separate fund, to be known as the `Nuclear Waste Administration Working Capital Fund', which shall be separate from the Nuclear Waste Fund. (b) Contents- The Working Capital Fund shall consist of-- (1) all fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) on or after the date of enactment of this Act, which shall be paid into the Working Capital Fund-- (A) notwithstanding section 302(c)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)(1)); and (B) immediately on the payment of the fees; (2) any appropriations made by Congress to pay the share of the cost of the program established under this Act attributable to defense wastes; and (3) interest paid on the unexpended balance of the Working Capital Fund. (c) Availability- All funds deposited in the Working Capital Fund-- (1) shall be immediately available to the Administrator to carry out the functions of the Administrator, except to the extent limited in annual authorization or appropriation Acts; (2) shall remain available until expended; and (3) shall not be subject to apportionment under subchapter II of chapter 15 of title 31, United States Code. (d) Use of Fund- Except to the extent limited in annual authorization or appropriation Acts, the Administrator may make expenditures from the Working Capital Fund only for purposes of carrying out functions authorized by this Act. (e) Contract Authority- Any contract or agreement that authorizes an expenditure or obligation exceeding an amount available in the Working Capital Fund for the expenditure or obligation (including any cooperative agreement, consultation, and cooperation agreement, or consent agreement under section 305 or 306) shall be subject to appropriation. (f) Performance-Based Funding- No fees paid by contract holders pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) shall be paid into the Working Capital Fund after December 31, 2025, unless the Administrator is operating a nuclear waste facility by that date. SEC. 402. NUCLEAR WASTE FUND. (a) Elimination of Legislative Veto- Section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)) is amended in the last sentence by striking `transmittal unless' and all that follows through the end of the sentence and inserting `transmittal.'. (b) Administration of the Waste Fund- Section 302(e) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(e)) is amended-- (1) by striking `Secretary' each place it appears (except where it appears in the context of the `Secretary of the Treasury') and inserting `Administrator of the Nuclear Waste Administration'; and (2) by striking `the Waste Fund' each place it appears and inserting `the Waste Fund or the Working Capital Fund established by section 401 of the Nuclear Waste Administration Act of 2013'. SEC. 403. FULL COST RECOVERY. In determining whether insufficient or excess revenues are being collected to ensure full cost recovery under section 302(a)(4) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(4)), the Administrator shall-- (1) assume that sufficient funds will be appropriated to the Nuclear Waste Fund to cover the costs attributable to disposal of defense wastes; and (2) take into account the additional costs resulting from the enactment of this Act. SEC. 404. JUDICIAL REVIEW. (a) Jurisdiction- (1) COURTS OF APPEALS- Except for review in the Supreme Court, a United States court of appeals shall have original and exclusive jurisdiction over any civil action-- (A) for review of any final decision or action of the Administrator or the Commission under this Act; (B) alleging the failure of the Administrator or the Commission to make any decision, or take any action, required under this Act; (C) challenging the constitutionality of any decision made, or action taken, under this Act; or (D) for review of any environmental assessment or environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this Act, or alleging a failure to prepare any such assessment or statement with respect to any such action. (2) VENUE- The venue of any proceeding under this section shall be in-- (A) the judicial circuit in which the petitioner involved resides or has the principal office of the petitioner; or (B) the United States Court of Appeals for the District of Columbia Circuit. (b) Deadline for Commencing Action- (1) IN GENERAL- Except as provided in paragraph (2), a civil action for judicial review described in subsection (a)(1) may be brought not later than the date that is 180 days after the date of the decision or action or failure to act involved. (2) NO KNOWLEDGE OF DECISION OR ACTION- If a party shows that the party did not know of the decision or action complained of (or of the failure to act) and that a reasonable person acting under the circumstances would not have known, the party may bring a civil action not later than 180 days after the date the party acquired actual or constructive knowledge of the decision, action, or failure to act. SEC. 405. LITIGATION AUTHORITY. (a) Supervision by Attorney General- The litigation of the Administration shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code. (b) Attorneys of Administration- The Attorney General may authorize any attorney of the Administration to conduct any civil litigation of the Administration in any Federal court, except the Supreme Court. SEC. 406. LIABILITIES. (a) Pending Legal Proceedings- Any suit, cause of action, or judicial proceeding commenced by or against the Secretary relating to functions or contracts transferred to the Administrator by this Act shall-- (1) not abate by reason of the enactment of this Act; and (2) continue in effect with the Administrator substituted for the Secretary. (b) Settlement of Pending Litigation; Contract Modification- (1) SETTLEMENT- The Attorney General, in consultation with the Administrator, shall settle all claims against the United States by a contract holder for the breach of a contract for the disposal of nuclear waste under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) as a condition precedent of an agreement of the Administrator to take title to and store the nuclear waste of the contract holder at a storage facility. (2) CONTRACT MODIFICATION- The Administrator and contract holders shall modify contracts entered into under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) in accordance with the settlement under paragraph (1). (c) Payment of Judgments and Settlements- Payment of judgments and settlements in cases arising from the failure of the Secretary to meet the deadline of January 31, 1998, to begin to dispose of nuclear waste under contracts entered into under section 302(a)(1) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall continue to be paid from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code. (d) New Contracts- Notwithstanding section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Administrator shall not enter into any contract after the date of enactment of this Act that obligates the Administrator to begin disposing of nuclear waste before the Commission has licensed the Administrator to operate a repository or storage facility. (e) Nuclear Indemnification- (1) INDEMNIFICATION AGREEMENTS- For purposes of section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the `Price-Anderson Act')-- (A) any person that conducts nuclear waste activities under a contract with the Administrator that may involve the risk of public liability shall be treated as a contractor of the Secretary; and (B) the Secretary shall enter into an agreement of indemnification with any person described in subparagraph (A). (2) CONFORMING AMENDMENT- Section 11 ff. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(ff)) is amended by inserting `or the Nuclear Waste Administration' after `Secretary of Energy'. TITLE V--ADMINISTRATIVE AND SAVINGS PROVISIONS SEC. 501. ADMINISTRATIVE POWERS OF ADMINISTRATOR. The Administrator shall have the power-- (1) to perform the functions of the Secretary transferred to the Administrator pursuant to this Act; (2) to enter into contracts with any person who generates or holds title to nuclear waste generated in a civilian nuclear power reactor for the acceptance of title, subsequent transportation, storage, and disposal of the nuclear waste; (3) to enter into and perform contracts, leases, and cooperative agreements with public agencies, private organizations, and persons necessary or appropriate to carry out the functions of the Administrator; (4) to acquire, in the name of the United States, real estate for the construction, operation, and decommissioning of nuclear waste facilities; (5) to obtain from the Administrator of General Services the services the Administrator of General Services is authorized to provide agencies of the United States, on the same basis as those services are provided to other agencies of the United States; (6) to conduct nongeneric research, development, and demonstration activities necessary or appropriate to carrying out the functions of the Administrator; and (7) to make such rules and regulations, not inconsistent with this Act, as may be necessary to carry out the functions of the Administrator. SEC. 502. PERSONNEL. (a) Officers and Employees- (1) APPOINTMENT- In addition to the senior officers described in section 203, the Administrator may appoint and fix the compensation of such officers and employees as may be necessary to carry out the functions of the Administration. (2) COMPENSATION- Except as provided in paragraph (3), officers and employees appointed under this subsection shall be appointed in accordance with the civil service laws and the compensation of the officers and employees shall be fixed in accordance with title 5, United States Code. (3) EXCEPTION- Notwithstanding paragraph (2), the Administrator may, to the extent the Administrator determines necessary to discharge the responsibilities of the Administrator-- (A) appoint exceptionally well qualified individuals to scientific, engineering, or other critical positions without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service; and (B) fix the basic pay of any individual appointed under subparagraph (A) at a rate of not more than level I of the Executive Schedule without regard to the civil service laws, except that the total annual compensation of the individual shall be at a rate of not more than the highest total annual compensation payable under section 104 of title 3, United States Code. (4) MERIT PRINCIPLES- The Administrator shall ensure that the exercise of the authority granted under paragraph (3) is consistent with the merit principles of section 2301 of title 5, United States Code. (b) Experts and Consultants- The Administrator may obtain the temporary or intermittent services of experts or consultants as authorized by section 3109 of title 5, United States Code. (c) Advisory Committees- (1) ESTABLISHMENT- The Administrator may establish, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), such advisory committees as the Administrator may consider appropriate to assist in the performance of the functions of the Administrator. (2) COMPENSATION- A member of an advisory committee, other than a full-time employee of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service without pay, while attending meetings of the advisory committee or otherwise serving away from the homes or regular place of business of the member at the request of the Administrator. SEC. 503. OFFICES. (a) Principal Office- The principal office of the Administration shall be in or near the District of Columbia. (b) Field Offices- The Administrator may maintain such field offices as the Administrator considers necessary to carry out the functions of the Administrator. SEC. 504. MISSION PLAN. (a) In General- The Administrator shall prepare a mission plan, which shall-- (1) provide an informational basis sufficient to permit informed decisions to be made in carrying out the functions of the Administrator; and (2) provide verifiable indicators for oversight of the performance of the Administrator. (b) Contents- The mission plan shall include-- (1) a description of the actions the Administrator plans to take to carry out the functions of the Administrator under this Act; (2) schedules and milestones for carrying out the functions of the Administrator, which shall provide for the operation of-- (A) a pilot facility not later than December 31, 2021; (B) a storage facility for nonpriority waste not later than December 31, 2025; and (C) a repository not later than December 31, 2048; and (3) an estimate of the amounts that the Administration will need Congress to appropriate from the Nuclear Waste Fund (in addition to amounts expected to be available from the Working Capital Fund) to carry out the functions of the Nuclear Waste Fund, on an annual basis. (c) Proposed Mission Plan- Not later than 1 year after the date of enactment of this Act, the Administrator shall submit a proposed mission plan for comment to-- (1) Congress; (2) the Oversight Board; (3) the Commission; (4) the Nuclear Waste Technical Review Board established by section 502 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262); (5) the States; (6) affected Indian tribes; and (7) such other interested persons as the Administrator considers appropriate. (d) Public Notice and Comment- On submitting the proposed mission plan for comment under subsection (c), the Administrator shall-- (1) publish a notice in the Federal Register of the availability of the proposed mission plan for public comment; and (2) provide interested persons an opportunity to comment on the proposed plan. (e) Submission of Final Mission Plan- After consideration of the comments received, the Administrator shall-- (1) revise the proposed mission plan to the extent that the Administrator considers appropriate; and (2) submit the final mission plan, along with a general statement responding to any significant issues raised in the comments received on the proposed mission plan, to the appropriate committees of Congress, the President, and the Oversight Board. (f) Revision of the Mission Plan- The Administrator shall-- (1) revise the mission plan, as appropriate, to reflect major changes in the planned activities, schedules, milestones, and cost estimates reported in the mission plan; and (2) submit the revised mission plan to Congress, the President, and the Oversight Board prior to implementing the proposed changes. SEC. 505. ANNUAL REPORTS. (a) In General- The Administrator shall annually prepare and submit to Congress, the President, and the Oversight Board a comprehensive report on the activities and expenditures of the Administration. (b) Management Report- The annual report submitted under subsection (a) shall include-- (1) the annual management report required under section 9106 of title 31, United States Code; and (2) the report on any audit of the financial statements of the Administration conducted under section 9105 of title 31, United States Code. SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. (a) Commission Proceedings- This Act shall not affect any proceeding or any application for any license or permit pending before the Commission on the date of enactment of this Act. (b) Authority of the Secretary- This Act shall not transfer or affect the authority of the Secretary with respect to-- (1) the maintenance, treatment, packaging, and storage of defense wastes at Department of Energy sites prior to delivery to, and acceptance by, the Administrator for disposal in a repository; (2) the conduct of generic research, development, and demonstration activities related to nuclear waste management, including proliferation-resistant advanced fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts; and (3) training and workforce development programs relating to nuclear waste management. (c) Terminations- The authority for each function of the Secretary relating to the siting, construction, and operation of repositories or storage facilities not transferred to the Administrator under this Act shall terminate on the date of enactment of this Act, including the authority-- (1) to provide interim storage or monitored, retrievable storage under subtitles B and C of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10151 et seq.); and (2) to site or construct a test and evaluation facility under title II of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10191 et seq.). SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD OF SPENT FUEL STORAGE AND DISPOSAL. (a) Joint Notice- Not later than 90 days after the date of enactment of this Act and annually for 5 succeeding years, the Secretary and the Commission shall update and publish in the Federal Register the joint notice required by section 223(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(b)). (b) Informing Foreign Governments- As soon as practicable after the date of the publication of the annual joint notice described in subsection (a), the Secretary of State shall inform the governments of nations and organizations operating nuclear power plants, solicit expressions of interest, and transmit any such expressions of interest to the Secretary and the Commission, as provided in section 223(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(c)). (c) Budget Requests- The President shall include in the budget request of the President for the Commission and the Department of Energy for each of fiscal years 2014 through 2019 such funding requests for a program of cooperation and technical assistance with nations in the fields of spent nuclear fuel storage and disposal as the President determines appropriate in light of expressions of interest in the cooperation and assistance. (d) Eligibility- Notwithstanding any limitation on cooperation and technical assistance to non-nuclear weapon states under section 223 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203), the Secretary and the Commission may cooperate with and provide technical assistance to nuclear weapon states, if the Secretary and the Commission determine the cooperation and technical assistance is in the national interest. SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW BOARD. (a) Eligibility- Section 502(b)(3)(C)(iii)(I) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by inserting `or the Nuclear Waste Administration' after `the Department of Energy'. (b) Functions- Section 503 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10263) is amended by striking `1987' and inserting `1987 and the Nuclear Waste Administrator'. (c) Production of Documents- Section 504(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10264(b)) is amended by striking `Secretary' each place it appears and inserting `Nuclear Waste Administrator'. (d) Reports- Section 508 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10268) is amended in the first sentence by striking `Congress and the Secretary' and inserting `Congress, the Nuclear Waste Administrator, and the Nuclear Waste Oversight Board'. (e) Termination- Section 510 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10270) is amended by striking `Secretary' and inserting `Nuclear Waste Administrator'. SEC. 509. REPEAL OF VOLUME LIMITATION. Section 114(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(d)) is amended by striking the second and third sentences.
S.1237 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 11, 2013.--Committee Hearing held. December 19, 2013.--Ordered to be reported with an amendment in the nature of a substitute favorably. April 8, 2014.--Reported to Senate with an amendment in the nature of a substitute. S. Rept. No. 113-146. April 8, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 352.] June 18, 2014.--Passed Senate with an amendment by Unanimous Consent. June 19, 2014.--Received in House; held at desk. S.1237 Omnibus Territories Act of 2013 (Introduced in Senate - IS) S 1237 IS 113th CONGRESS1st SessionS. 1237 To improve the administration of programs in the insular areas, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. WYDEN (for himself and Ms. MURKOWSKI) (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve the administration of programs in the insular areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Omnibus Territories Act of 2013'. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Territorial Sea. Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the Northern Mariana Islands. Sec. 5. Amendments to the Consolidated Natural Resources Act. Sec. 6. Study of electric rates in the insular areas. Sec. 7. Chief financial officer of the Virgin Islands. Sec. 8. Reports on estimates of revenues. Sec. 9. Low-income home energy assistance program. Sec. 10. Castle Nugent National Historic Site Establishment. Sec. 11. St. Croix National Heritage Area. Sec. 12. Guam War Claims Review Commission. Sec. 13. Use of certain expenditures as in-kind contributions. Sec. 14. Improvements in HUD assisted programs. Sec. 15. Benefit to cost ratio study for projects in American Samoa. Sec. 16. Waiver of local matching requirements. Sec. 17. Fishery endorsements. Sec. 18. Effects of minimum wage differentials in American Samoa. Sec. 19. American Samoa Citizenship Plebiscite Act. Sec. 20. Eligibility for marine turtle conservation assistance. SEC. 3. TERRITORIAL SEA. (a) In General- The first section and section 2 of Public Law 93-435 (48 U.S.C. 1705, 1706) are amended by inserting `the Commonwealth of the Northern Mariana Islands,' after `Guam,' each place it appears. (b) References to Date of Enactment- For the purposes of the amendment made by subsection (a), each reference in Public Law 93-435 to the `date of enactment' shall be considered to be a reference to the date of the enactment of this section. SEC. 4. ADJUSTMENT OF SCHEDULED WAGE INCREASES IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. Section 8103(b)(1)(B) of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note; Public Law 110-28) is amended by striking `2011' and inserting `2011, 2013, and 2015'. SEC. 5. AMENDMENTS TO THE CONSOLIDATED NATURAL RESOURCES ACT. Section 6 of the Joint Resolution entitled `A Joint Resolution to approve the `Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America', and for other purposes', approved March 24, 1976 (Public Law 94-241; 90 Stat. 263), is amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting after `subsections (b)' the following: `, (c),'; and (B) by striking paragraph (6), and inserting the following: `(6) CERTAIN EDUCATION FUNDING- `(A) IN GENERAL- In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356 (m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. `(B) PLAN FOR THE EXPENDITURE OF FUNDS- At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Homeland Security, a plan for the expenditure of funds, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures. `(C) DHS REPORT- The Secretary of Homeland Security shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds.'; (2) in subsection (c)-- (A) in paragraph (1), by striking `during the transition period,'; and (B) by adding at the end the following: `(3) DURATION- Notwithstanding any other provision of this Act, the Secretary may classify aliens pursuant to paragraph (1) until the date on which the transition program terminates. If the transition period is extended, the Secretary may continue to classify aliens pursuant to paragraph (1) until the date on which all extensions are terminated.'; and (3) in subsection (d)(2), by striking `December 31, 2014' and inserting `December 31, 2019'. SEC. 6. STUDY OF ELECTRIC RATES IN THE INSULAR AREAS. (a) Definitions- In this section: (1) COMPREHENSIVE ENERGY PLAN- The term `comprehensive energy plan' means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled `An Act to authorize appropriations for certain insular areas of the United States, and for other purposes', approved December 24, 1980 (48 U.S.C. 1492). (2) ENERGY ACTION PLAN- The term `energy action plan' means the plan required by subsection (d). (3) FREELY ASSOCIATED STATES- The term `Freely Associated States' means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (4) INSULAR AREAS- The term `insular areas' means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) TEAM- The term `team' means the team established by the Secretary under subsection (b). (b) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall, within the Empowering Insular Communities activity, establish a team of technical, policy, and financial experts-- (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of Regional Utility Organizations- In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy Action Plan- In accordance with subsection (b), the energy action plan shall include-- (1) recommendations, based on the comprehensive energy plan where applicable, to-- (A) reduce reliance and expenditures on imported fossil fuels; (B) develop indigenous, nonfossil fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to Secretary- Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual Reports to Congress- Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team. SEC. 7. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS. (a) Referendum- As part of the next regularly scheduled, islands-wide election in the Virgin Islands after the date of enactment of this Act, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be established as a part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. (b) Chief Financial Officer of the Virgin Islands- (1) APPOINTMENT OF CHIEF FINANCIAL OFFICER- (A) IN GENERAL- If the majority of ballots cast in a referendum under subsection (a) approve the establishment of the position of Chief Financial Officer of the Government of the Virgin Islands, the Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under subsection (b)(4). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to subsection (b)(4), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (B) ACTING CHIEF FINANCIAL OFFICER- If a Chief Financial Officer has not been appointed under subparagraph (A) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under subsection (b)(4), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of subparagraph (A). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (2) DUTIES OF CHIEF FINANCIAL OFFICER- The duties of the Chief Financial Officer shall include the following: (A) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (B) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (C) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (3) DOCUMENTS PROVIDED- The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (4) CONDITIONS RELATED TO CHIEF FINANCIAL OFFICER- (A) TERM- The Chief Financial Officer shall be appointed for a term of 5 years. (B) REMOVAL- The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (C) REPLACEMENT- If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with paragraph (1). (D) SALARY- The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (c) Establishment of Commission- (1) ESTABLISHMENT- There is established a commission to be known as the `Virgin Islands Chief Financial Officer Search Commission'. (2) DUTY OF COMMISSION- The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (3) MEMBERSHIP- (A) NUMBER AND APPOINTMENT- The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (i) 1 individual appointed by the Governor of the Virgin Islands. (ii) 1 individual appointed by the President of the Legislature of the Virgin Islands. (iii) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (iv) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (v) 1 individual appointed by the Chamber of Commerce of St. Croix. (vi) 1 individual appointed by the President of the University of the Virgin Islands. (vii) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (viii) 1 individual appointed by the President of AARP Virgin islands. (B) TERMS- (i) IN GENERAL- Each member shall be appointed for the life of the Commission. (ii) VACANCIES- A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (C) BASIC PAY- Members shall serve without pay. (D) QUORUM- Five members of the Commission shall constitute a quorum. (E) CHAIRPERSON- The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (F) MEETINGS- The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (G) GOVERNMENT EMPLOYMENT- Members may not be current government employees, except for the member appointed under subparagraph (A)(iii). (4) REPORT; RECOMMENDATIONS- The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission's recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (5) TERMINATION- The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. (d) Definitions- For the purposes of this section, the following definitions apply: (1) CHIEF FINANCIAL OFFICER- In subsections (a) and (b), the term `Chief Financial Officer' means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under subsection (a)(1). (2) COMMISSION- The term `Commission' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to subsection (b). (3) GOVERNOR- The term `Governor' means the Governor of the Virgin Islands. (4) REMOVAL FOR CAUSE- The term `removal for cause' means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge. SEC. 8. REPORTS ON ESTIMATES OF REVENUES. The Comptroller General of the United States shall submit to the appropriate committees of Congress a report that-- (1) evaluates whether the annual estimates or forecasts of revenue and expenditure of American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands are reasonable; and (2) as the Comptroller General of the United States determines to be necessary, makes recommendations for improving the process for developing estimates or forecasts. SEC. 9. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. With respect to fiscal years 2014 through 2017, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in the Virgin Islands. SEC. 10. CASTLE NUGENT NATIONAL HISTORIC SITE ESTABLISHMENT. (a) Definitions- In this section: (1) HISTORIC SITE- The term `historic site' means the Castle Nugent National Historic Site established in subsection (b). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Castle Nugent National Historic Site- (1) ESTABLISHMENT- There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features. (2) BOUNDARIES- The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled `Castle Nugent National Historic Site Proposed Boundary Map', numbered T22/100,447, and dated October 2009. (3) MAP AVAILABILITY- The map referred to in paragraph (2) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (4) ACQUISITION OF LAND- (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated funds, or exchange. (B) U.S. VIRGIN ISLAND LANDS- The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange. (c) Administration- (1) IN GENERAL- The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (2) SHARED RESOURCES- To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service or other Federal assets on the Island of St. Croix to administer the historic site. (3) CONTINUED USE- In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university's operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site. (4) MANAGEMENT PLAN- Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site. SEC. 11. ST. CROIX NATIONAL HERITAGE AREA. (a) Definitions- In this section: (1) HERITAGE AREA- The term `Heritage Area' means the St. Croix National Heritage Area established by subsection (b)(1). (2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by subsection (b)(4). (3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under subsection (d). (4) MAP- The term `map' means the map entitled `Proposed St. Croix National Heritage Area' and dated [ XXXXXXXXXXX ]. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means St. Croix, U.S. Virgin Islands. (b) St. Croix National Heritage Area- (1) ESTABLISHMENT- There is established in the State the St. Croix National Heritage Area. (2) CONCEPTUAL BOUNDARIES- The Heritage Area shall consist of the entire island. (3) MAP- A map of the Heritage Area shall be-- (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) LOCAL COORDINATING ENTITY- (A) IN GENERAL- The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc. (B) MEMBERSHIP REQUIREMENTS- Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act. (c) Administration- (1) AUTHORITIES- For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to-- (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (2) DUTIES- The local coordinating entity shall-- (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (E) for any year that Federal funds have been received under this section-- (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY- The local coordinating entity shall not use Federal funds to acquire real property or any interest in real property. (d) Management Plan- (1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (2) REQUIREMENTS- The management plan shall-- (A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (B) take into consideration State and local plans; (C) include-- (i) an inventory of-- (I) the resources located in the core area described in subsection (b)(2); and (II) any other property in the core area that-- (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the management plan by the local coordinating entity that includes a description of-- (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and (vii) a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and (D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) DEADLINE- If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (4) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN- (A) IN GENERAL- Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (B) CRITERIA FOR APPROVAL- In determining whether to approve the management plan, the Secretary shall consider whether-- (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) ACTION FOLLOWING DISAPPROVAL- If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall-- (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) AMENDMENTS- (i) IN GENERAL- The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (ii) USE OF FUNDS- The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) Relationship to Other Federal Agencies- (1) IN GENERAL- Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) CONSULTATION AND COORDINATION- The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) OTHER FEDERAL AGENCIES- Nothing in this section-- (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) Private Property and Regulatory Protections- Nothing in this section-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (g) Evaluation; Report- (1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) EVALUATION- An evaluation conducted under paragraph (1)(A) shall-- (A) assess the progress of the local coordinating entity with respect to-- (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) REPORT- (A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) REQUIRED ANALYSIS- If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) SUBMISSION TO CONGRESS- On completion of the report, the Secretary shall submit the report to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (h) Termination of Authority- The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. SEC. 12. GUAM WAR CLAIMS REVIEW COMMISSION. (a) Recognition of the Suffering and Loyalty of the Residents of Guam- (1) RECOGNITION OF THE SUFFERING OF THE RESIDENTS OF GUAM- The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (2) RECOGNITION OF THE LOYALTY OF THE RESIDENTS OF GUAM- The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. (b) Guam World War II Claims Fund- (1) ESTABLISHMENT OF FUND- The Secretary of the Treasury shall establish in the Treasury of the United States a special fund (in this Act referred to as the `Claims Fund') for the payment of claims submitted by compensable Guam victims and survivors of compensable Guam decedents in accordance with subsections (c) and (d). (2) COMPOSITION OF FUND- The Claims Fund established under paragraph (1) shall be composed of amounts deposited into the Claims Fund under paragraph (3) and any other amounts made available for the payment of claims under this Act. (3) PAYMENT OF CERTAIN DUTIES, TAXES, AND FEES COLLECTED FROM GUAM DEPOSITED INTO FUND- (A) IN GENERAL- Notwithstanding section 30 of the Organic Act of Guam (48 U.S.C. 1421h), the excess of-- (i) any amount of duties, taxes, and fees collected under such subsection after fiscal year 2012, over (ii) the amount of duties, taxes, and fees collected under such subsection during fiscal year 2012, shall be deposited into the Claims Fund. (B) APPLICATION- Subparagraph (A) shall not apply after the date for which the Secretary of the Treasury determines that all payments required to be made under subsection (c) have been made. (4) LIMITATION ON PAYMENTS MADE FROM FUND- (A) IN GENERAL- No payment may be made in a fiscal year under subsection (c) until funds are deposited into the Claims Fund in such fiscal year under paragraph (3). (B) AMOUNTS- For each fiscal year in which funds are deposited into the Claims Fund under paragraph (3), the total amount of payments made in a fiscal year under subsection (c) may not exceed the amount of funds available in the Claims Fund for such fiscal year. (5) DEDUCTIONS FROM FUND FOR ADMINISTRATIVE EXPENSES- The Secretary of the Treasury shall deduct from any amounts deposited into the Claims Fund an amount equal to 5 per cent of such amounts as reimbursement to the Federal Government for expenses incurred by the Foreign Claims Settlement Commission and by the Department of the Treasury in the administration of this Act. The amounts so deducted shall be covered into the Treasury as miscellaneous receipts. (c) Payments for Guam World War II Claims- (1) PAYMENTS FOR DEATH, PERSONAL INJURY, FORCED LABOR, FORCED MARCH, AND INTERNMENT- After the Secretary of the Treasury receives the certification from the Chairman of the Foreign Claims Settlement Commission as required under subsection (d)(2)(H), the Secretary of the Treasury shall make payments to compensable Guam victims and survivors of a compensable Guam decedents as follows: (A) COMPENSABLE GUAM VICTIM- Before making any payments under subparagraph (B), the Secretary shall make payments to compensable Guam victims as follows: (i) In the case of a victim who has suffered an injury described in paragraph (3)(B)(i), $15,000. (ii) In the case of a victim who is not described in clause (i), but who has suffered an injury described in paragraph (3)(B)(ii), $12,000. (iii) In the case of a victim who is not described in clause (i) or (ii), but who has suffered an injury described in paragraph (3)(B)(iii), $10,000. (B) SURVIVORS OF COMPENSABLE GUAM DECEDENTS- In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to survivors of the decedent in accordance with paragraph (2). The Secretary shall make payments under this paragraph only after all payments are made under subparagraph (A). (2) DISTRIBUTION OF SURVIVOR PAYMENTS- A payment made under paragraph (1)(B) to the survivors of a compensable Guam decedent shall be distributed as follows: (A) In the case of a decedent whose spouse is living as of the date of the enactment of this Act, but who had no living children as of such date, the payment shall be made to such spouse. (B) In the case of a decedent whose spouse is living as of the date of the enactment of this Act and who had one or more living children as of such date, 50 percent of the payment shall be made to the spouse and 50 percent shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (C) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had one or more living children as of such date, the payment shall be made to such children, to be divided among such children to the greatest extent possible into equal shares. (D) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act and who had no living children as of such date, but who-- (i) had a parent who is living as of such date, the payment shall be made to the parent; or (ii) had two parents who are living as of such date, the payment shall be divided equally between the parents. (E) In the case of a decedent whose spouse is not living as of the date of the enactment of this Act, who had no living children as of such date, and who had no parents who are living as of such date, no payment shall be made. (3) DEFINITIONS- For purposes of this Act: (A) COMPENSABLE GUAM DECEDENT- The term `compensable Guam decedent' means an individual determined under subsection (d) to have been a resident of Guam who died as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act. (B) COMPENSABLE GUAM VICTIM- The term `compensable Guam victim' means an individual who is not deceased as of the date of the enactment of this Act and who is determined under subsection (d) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (i) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (ii) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (iii) Forced march, internment, or hiding to evade internment. (C) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PERSONAL INJURIES- Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall promulgate regulations to specify the injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). (d) Adjudication- (1) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION- (A) IN GENERAL- The Foreign Claims Settlement Commission shall adjudicate claims and determine the eligibility of individuals for payments under subsection (c). (B) RULES AND REGULATIONS- Not later than 180 days after the date of the enactment of this Act, the Chairman of the Foreign Claims Settlement Commission shall publish in the Federal Register such rules and regulations as may be necessary to enable the Commission to carry out the functions of the Commission under this Act. (2) CLAIMS SUBMITTED FOR PAYMENTS- (A) SUBMITTAL OF CLAIM- For purposes of paragraph (1)(A) and subject to subparagraph (B), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under subsection (c) unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (B) FILING PERIOD FOR CLAIMS AND NOTICE- (i) FILING PERIOD- An individual filing a claim for a payment under subsection (c) shall file such claim not later than one year after the date on which the Foreign Claims Settlement Commission publishes the notice described in clause (ii). (ii) NOTICE OF FILING PERIOD- Not later than 180 days after the date of the enactment of this Act, the Foreign Claims Settlement Commission shall publish a notice of the deadline for filing a claim described in clause (i)-- (I) in the Federal Register; and (II) in newspaper, radio, and television media in Guam. (C) ADJUDICATORY DECISIONS- The decision of the Foreign Claims Settlement Commission on each claim filed under this Act shall-- (i) be by majority vote; (ii) be in writing; (iii) state the reasons for the approval or denial of the claim; and (iv) if approved, state the amount of the payment awarded and the distribution, if any, to be made of the payment. (D) DEDUCTIONS IN PAYMENT- The Foreign Claims Settlement Commission shall deduct, from a payment made to a compensable Guam victim or survivors of a compensable Guam decedent under this subsection, amounts paid to such victim or survivors under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) before the date of the enactment of this Act. (E) INTEREST- No interest shall be paid on payments made by the Foreign Claims Settlement Commission under subsection (c). (F) LIMITED COMPENSATION FOR PROVISION OF REPRESENTATIONAL SERVICES- (i) LIMIT ON COMPENSATION- Any agreement under which an individual who provided representational services to an individual who filed a claim for a payment under this Act that provides for compensation to the individual who provided such services in an amount that is more than one percent of the total amount of such payment shall be unlawful and void. (ii) PENALTIES- Whoever demands or receives any compensation in excess of the amount allowed under subparagraph (A) shall be fined not more than $5,000 or imprisoned not more than one year, or both. (G) APPEALS AND FINALITY- Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (H) CERTIFICATIONS FOR PAYMENT- After a decision approving a claim becomes final, the Chairman of the Foreign Claims Settlement Commission shall certify such decision to the Secretary of the Treasury for authorization of a payment under subsection (c). (I) TREATMENT OF AFFIDAVITS- For purposes of subsection (c) and subject to subparagraph (B), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing the eligibility of such individual for payment under such subsection as establishing a prima facie case of the eligibility of the individual for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim for a payment made under subsection (c)(1), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (J) RELEASE OF RELATED CLAIMS- Acceptance of a payment under subsection (c) by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant to such Act (Public Law 79-224), or this Act. SEC. 13. USE OF CERTAIN EXPENDITURES AS IN-KIND CONTRIBUTIONS. (a) In General- Except as provided under subsection (c), local matching requirements required of an affected jurisdiction for Federal programs may be paid in cash or in-kind services provided by the affected jurisdiction pursuant to the following: (1) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Federated States of Micronesia, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2781). (2) Section 311 of the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands, approved in the Compact of Free Association Amendments Act of 2003 (Public Law 108-188; 117 Stat. 2781). (3) The Compact of Free Association between the Government of the United States and the Government of the Republic of Palau, approved in the Palau Compact of Free Association Act (Public Law 99-658; 100 Stat. 3672). (b) Determination of Amounts To Be Considered In-Kind Contributions- The Secretary of the Interior shall determine the amounts that may be considered in-kind contributions for an affected jurisdiction under this section based on a reasonable estimate of the amount of impact expenditures for the Freely Associated States. (c) Competitive Grants- Local matching requirements required of an affected jurisdiction for Federal competitive grant programs may not be paid with in-kind services under this section. (d) Affected Jurisdictions- The term `affected jurisdiction' shall have the meaning given that term in section 104(e) of Public Law 108-188 (117 Stat. 2739). SEC. 14. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. Section 214(a)(7) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is amended by striking `such alien' and all that follows through the period at the end and inserting `any citizen or national of the United States shall be entitled to a preference or priority in receiving assistance before any such alien who is otherwise eligible for such assistance.'. SEC. 15. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN AMERICAN SAMOA. (a) Study- The Comptroller General of the United States shall conduct a study regarding the use of benefit-to-cost ratio formulas by Federal departments and agencies for purposes of evaluating projects in American Samoa. (b) Contents- In conducting the study, the Comptroller General shall-- (1) assess whether the benefit-to-cost ratio formulas described in subsection (a) take into consideration-- (A) the remote locations in, and the cost of transportation to and from, American Samoa; and (B) other significant factors that are not comparable to locations within the 48 contiguous States; and (2) assess, in particular, the use of benefit-to-cost ratio formulas by-- (A) the Secretary of Transportation with respect to airport traffic control tower programs; and (B) the Secretary of the Army, acting through the Corps of Engineers, with respect to a harbor project or other water resources development project. (3) REPORT TO CONGRESS- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study. SEC. 16. WAIVER OF LOCAL MATCHING REQUIREMENTS. (a) Waiver of Certain Matching Requirements- Section 501 of the Act entitled `An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes', approved October 15, 1977 (48 U.S.C. 1469a; 91 Stat. 1164) is amended-- (1) in the last sentence of subsection (d), by striking `by law'; and (2) by adding at the end the following new subsection: `(e) Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands, each department or agency of the United States shall waive any requirement for local matching funds (including in-kind contributions) that the insular area would otherwise be required to provide for any non-competitive grant as follows: `(1) For a grant requiring matching funds (including in-kind contributions) of $500,000 or less, the entire matching requirement shall be waived. `(2) For a grant requiring matching funds (including in-kind contributions) of more than $500,000, $500,000 of the matching requirement shall be waived.'. (b) Conforming Amendment- Section 601 of the Act entitled `An Act to authorize appropriations for certain insular areas of the United States, and for other purposes', approved March 12, 1980 (48 U.S.C. 1469a note; 94 Stat. 90), is amended by striking `, and adding the following sentence' and all that follows through `Islands'.'. SEC. 17. FISHERY ENDORSEMENTS. Section 12113 of title 46, United States Code, is amended by adding at the end the following: `(j) Certain Exemption- Paragraph (3) of subsection (a) shall not apply to any vessel-- `(1) the catch of which, pursuant to the fishery endorsement, is offloaded and processed in American Samoa; and `(2) that was rebuilt outside of the United States before January 1, 2011.'. SEC. 18. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN AMERICAN SAMOA. Section 8104 of the Fair Minimum Wage Act of 2007 (29 U.S.C. 206 note) is amended by adding at the end the following: `(c) Effects of Minimum Wage Differentials in American Samoa- The reports required under this section shall include an analysis of the economic effects on employees and employers of the differentials in minimum wage rates among industries and classifications in American Samoa under section 697 of title 29, Code of Federal Regulations, including the potential effects of eliminating such differentials prior to the time when such rates are scheduled to be equal to the minimum wage set forth in section 6(a)(1) of the Fair Labor Standards Act (29 U.S.C. 206(a)(1)).'. SEC. 19. AMERICAN SAMOA CITIZENSHIP PLEBISCITE ACT. (a) Short Title- This section may be cited as the `American Samoa Citizenship Plebiscite Act'. (b) Findings and Purpose- (1) FINDINGS- Congress finds the following: (A) Under the Immigration and Nationality Act, persons born in Puerto Rico, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands are citizens of the United States at birth. Persons born in the United States territory of American Samoa are nationals of the United States, but not citizens, at birth. (B) The term `national of the United States' is defined under the Immigration and Nationality Act to include persons who, though not citizens of the United States, owe permanent allegiance to the United States. (C) For more than 100 years, American Samoans who are United States nationals have demonstrated their loyalty and allegiance to the United States. On April 17, 1900, the village chiefs of Tutuila and Aunu'u ceded their islands to the United States. On July 16, 1904, his Majesty King Tuimanu'a of the Manu'a Islands and his village chiefs did the same. On February 20, 1929, the United States Congress officially ratified the Treaty of Cession of Tutuila and Aunu'u and the Treaty of Cession of Manu'a. On March 4, 1925, by Joint Resolution of the United States Congress, American sovereignty was officially extended over Swains Island and it was placed under the jurisdiction of the government of American Samoa. (D) Since ratification of the Treaties of Cession, many American Samoans who are United States nationals have joined the United States Armed Forces and fought for the United States during World War II, the Korean, Vietnam, and Persian Gulf wars, and most recently in Iraq and Afghanistan. (E) It is the responsibility of the Secretary of Interior to advance the economic, social and political development of the territories of the United States. (2) PURPOSE- The purpose of this section is to provide for a federally authorized vote in American Samoa on the question of citizenship and if a majority of voters vote for citizenship, to describe the steps that the President and Congress shall take to enable American Samoans to be granted citizenship. (c) Citizenship Vote- The Secretary of Interior shall direct the American Samoa Election Office to conduct a plebiscite on the issue of whether persons born in American Samoa desire United States citizenship. `As United States Citizens: `(A) Individuals born in American Samoa would be United States citizens by Federal law. `(B) All persons living in American Samoa who are United States nationals will become United States citizens. Persons born in American Samoa will no longer be United States nationals. Do you want persons born in American Samoa to become United States citizens? Yes XX No XX ?'. SEC. 20. ELIGIBILITY FOR MARINE TURTLE CONSERVATION ASSISTANCE. The Marine Turtle Conservation Act of 2004 is amended-- (1) in each of sections 2(b) and 3(2) (16 U.S.C. 6601(b), 6602(2)), by inserting `and territories of the United States' after `foreign countries' each place it appears; (2) in section 3 (16 U.S.C. 6602), by adding at the end the following: `(7) TERRITORY OF THE UNITED STATES- The term `territory of the United States' means each of the several States of the United States, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.'; and (3) in section 4(b)(1)(A) (16 U.S.C. 6603(b)(1)(A)), by inserting `or territory of the United States' after `foreign country'.