Committee Legislation

Bill Introduced Description
S.916 May-09-13
STATUS: May 9, 2013.--Introduced. June 11, 2013.--Mr. Blunt added as cosponsor. June 17, 2013.--Mrs. Gillibrand added as cosponsor. June 19, 2013.--Mr. Boozman added as cosponsor. June 24, 2013.--Mr. Wicker added as cosponsor. June 26, 2013.--Mr. Sessions, Mr. Schumer and Mr. Warner added as cosponsors. July 15, 2013.--Mr. Cardin, Mr. King and Ms. Landrieu added as cosponsors. July 31, 2013.--Subcommittee Hearing held. September 19, 2013.--Mrs. Hagan added as cosponsor. November 18, 2013.--Mr. Alexander added as cosponsor. July 8, 2014.--Mr. Booker added as cosponsor. S.916 American Battlefield Protection Program Amendments Act of 2013 (Introduced in Senate - IS) S 916 IS 113th CONGRESS1st SessionS. 916 To authorize the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the American Battlefield Protection Program. IN THE SENATE OF THE UNITED STATESMay 9, 2013 Mr. KAINE (for himself, Mr. COCHRAN, and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the American Battlefield Protection Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `American Battlefield Protection Program Amendments Act of 2013'. SEC. 2. REVOLUTIONARY WAR AND WAR OF 1812 AMERICAN BATTLEFIELD PROTECTION. Section 7301(c) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11) is amended as follows: (1) In paragraph (1)-- (A) by striking subparagraph (A) and inserting the following: `(A) BATTLEFIELD REPORT- The term `battlefield report' means, collectively-- `(i) the report entitled `Report on the Nation's Civil War Battlefields', prepared by the Civil War Sites Advisory Commission, and dated July 1993; and `(ii) the report entitled `Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States', prepared by the National Park Service, and dated September 2007.'; and (B) in subparagraph (C)(ii), by striking `Battlefield Report' and inserting `battlefield report'. (2) In paragraph (2), by inserting `eligible sites or' after `acquiring'. (3) In paragraph (3), by inserting `an eligible site or' after `acquire'. (4) In paragraph (4), by inserting `an eligible site or' after `acquiring'. (5) In paragraph (5), by striking `An' and inserting `An eligible site or an'. (6) By redesignating paragraph (6) as paragraph (9). (7) By inserting after paragraph (5) the following new paragraphs: `(6) WILLING SELLERS- Acquisition of land or interests in land under this subsection shall be from willing sellers only. `(7) REPORT- Not later than 5 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of-- `(A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph; `(B) changes in the condition of the battlefields and associated sites during that period; and `(C) any other relevant developments relating to the battlefields and associated sites during that period. `(8) PROHIBITION ON LOBBYING- `(A) IN GENERAL- None of the funds provided pursuant to this section may be used for purposes of lobbying any person or entity regarding the implementation of this section or be granted, awarded, contracted, or otherwise be made available to any person, organization, or entity that participates in such lobbying. `(B) LOBBYING DEFINED- For purposes of this paragraph, the term `lobbying' means to directly or indirectly pay for any personal service, advertisement, telegram, telephone call, letter, printed or written matter, or other device intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government to favor, adopt, or oppose by vote or otherwise, any legislation, law, ratification, policy, land use plan (including zoning), or appropriation of funds before or after the introduction of any bill, resolution, or other measure proposing such legislation, law, ratification, policy, or appropriation.'. (8) In paragraph (9) (as redesignated by paragraph (6)), by striking `2013' and inserting `2018'.
S.913 May-09-13
STATUS: May 9, 2013.--Introduced. June 17, 2013.--Mr. Schumer added as cosponsor. June 18, 2013.--Mr. Burr added as cosponsor. July 9, 2013.--Mr. Franken added as cosponsor. December 20, 2013.--Mr. Heller added as cosponsor. January 28, 2014.--Mr. Leahy added as cosponsor. S.913 Oilheat Efficiency, Renewable Fuel Research and Jobs Training Act of 2013 (Introduced in Senate - IS) S 913 IS 113th CONGRESS1st SessionS. 913 To amend the National Oilheat Research Alliance Act of 2000 to reauthorize and improve that Act, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 9, 2013 Mrs. SHAHEEN (for herself, Ms. COLLINS, Mr. BLUMENTHAL, Mr. REED, Mr. WHITEHOUSE, Mr. COWAN, Mr. COONS, Mr. MURPHY, Mrs. GILLIBRAND, and Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Oilheat Research Alliance Act of 2000 to reauthorize and improve that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Oilheat Efficiency, Renewable Fuel Research and Jobs Training Act of 2013'. SEC. 2. FINDINGS AND PURPOSES. Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) in paragraph (4), by striking `and' after the semicolon at the end; (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: `(6) consumers of oilheat fuel are provided service by thousands of small businesses that are unable to individually develop training programs to facilitate the entry of new and qualified workers into the oilheat fuel industry; `(7) small businesses and trained employees are in an ideal position-- `(A) to provide information to consumers about the benefits of improved efficiency; and `(B) to encourage consumers to value efficiency in energy choices and assist individuals in conserving energy; `(8) additional research is necessary-- `(A) to improve oilheat fuel equipment; and `(B) to develop domestic renewable resources that can be used to safely and affordably heat homes; `(9) since there are no Federal resources available to assist the oilheat fuel industry, it is necessary and appropriate to develop a self-funded program dedicated-- `(A) to improving efficiency in customer homes; `(B) to assist individuals to gain employment in the oilheat fuel industry; and `(C) to develop domestic renewable resources; `(10) both consumers of oilheat fuel and retailers would benefit from the self-funded program; and `(11) the oilheat fuel industry is committed to providing appropriate funding necessary to carry out the purposes of this title without passing additional costs on to residential consumers.'. SEC. 3. DEFINITIONS. (a) In General- Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by redesignating paragraphs (3) through (15) as paragraphs (4) through (16), respectively; (2) by inserting after paragraph (2) the following: `(3) COST-EFFECTIVE- The term `cost-effective', with respect to a program or activity carried out under section 707(f)(4), means that the program or activity meets a total resource cost test under which-- `(A) the net present value of economic benefits over the life of the program or activity, including avoided supply and delivery costs and deferred or avoided investments; is greater than `(B) the net present value of the economic costs over the life of the program or activity, including program costs and incremental costs borne by the energy consumer.'; and (3) by striking paragraph (8) (as redesignated in paragraph (1)) and inserting the following: `(8) OILHEAT FUEL- The term `oilheat fuel' means fuel that-- `(A) is-- `(i) No. 1 distillate; `(ii) No. 2 dyed distillate; `(iii) a liquid blended with No. 1 distillate or No. 2 dyed distillate; or `(iv) a biobased liquid; and `(B) is used as a fuel for nonindustrial commercial or residential space or hot water heating.'. (b) Conforming Amendments- (1) The National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking `oilheat' each place it appears and inserting `oilheat fuel'. (2) Section 704(d) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended in the subsection heading by striking `Oilheat' and inserting `Oilheat Fuel'. (3) Section 706(c)(2) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended in the paragraph heading by striking `OILHEAT' and inserting `OILHEAT FUEL'. (4) Section 707(c) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended in the subsection heading by striking `Oilheat' and inserting `Oilheat Fuel'. SEC. 4. MEMBERSHIP. (a) Selection- Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking subsection (a) and inserting the following: `(a) Selection- `(1) LIST- `(A) IN GENERAL- The Alliance shall provide to the Secretary a list of qualified nominees for membership in the Alliance. `(B) REQUIREMENT- Except as provided in subsection (c)(1)(C), members of the Alliance shall be representatives of the oilheat fuel industry in a State, selected from a list of nominees submitted by the qualified State association in the State. `(2) VACANCIES- A vacancy in the Alliance shall be filled in the same manner as the original selection. `(3) SECRETARIAL ACTION- `(A) IN GENERAL- The Secretary shall have 60 days to review nominees provided under paragraph (1). `(B) FAILURE TO ACT- If the Secretary takes no action during the 60-day period described in subparagraph (A), the nominees shall be considered to be members of the Alliance.'. (b) Representation- Section 705(b) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended in the matter preceding paragraph (1) by striking `qualified industry organization' and inserting `Alliance'. (c) Number of Members- Section 705(c) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking paragraph (1) and inserting the following: `(1) IN GENERAL- The Alliance shall be composed of the following members: `(A) 1 member representing each State participating in the Alliance. `(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. `(C) 5 additional representatives of retail marketers. `(D) 21 representatives of wholesale distributors. `(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel, including consumer and low-income advocacy groups.'; and (2) in paragraph (2), by striking `the qualified industry organization or'. SEC. 5. FUNCTIONS. (a) Renewable Fuel Research- Section 706(a)(3)(B)(i)(I) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by inserting before the semicolon at the end the following: `, including research to develop renewable fuels and to examine the compatibility of different renewable fuels with oilheat fuel utilization equipment, with priority given to research on the development and use of advanced biofuels'. (b) Biennial Budgets- Section 706(e) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking paragraph (1) and inserting the following: `(1) PUBLICATION OF PROPOSED BUDGET- Not later than August 1, 2013, and every 2 years thereafter, the Alliance shall, in consultation with the Secretary, develop and publish for public review and comment a proposed biennial budget for the next 2 calendar years, including the probable operating and planning costs of all programs, projects, and contracts and other agreements.'; and (2) by striking paragraph (4) and inserting the following: `(4) IMPLEMENTATION- `(A) IN GENERAL- The Alliance shall not implement a proposed budget until the expiration of 60 days after submitting the proposed budget to the Secretary. `(B) RECOMMENDATIONS FOR CHANGES BY SECRETARY- `(i) IN GENERAL- The Secretary may recommend to the Alliance changes to the budget programs and activities of the Alliance that the Secretary considers appropriate. `(ii) RESPONSE BY ALLIANCE- Not later than 30 days after the receipt of any recommendations made under clause (i), the Alliance shall submit to the Secretary a final budget for the next 2 calendar years that incorporates or includes a description of the response of the Alliance to any changes recommended under clause (i).'. SEC. 6. ASSESSMENTS. (a) In General- Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking subsection (a) and inserting the following: `(a) Rate- `(1) IN GENERAL- The assessment rate for calendar years 2013 and 2014 shall be equal to 2/10 of 1 cent per gallon of oilheat fuel. `(2) SUBSEQUENT ASSESSMENTS- Subject to paragraph (3), effective beginning with calendar year 2015, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. `(3) LIMITATIONS ON INCREASE- `(A) IN GENERAL- The annual assessment shall not exceed 1/2 of 1 cent per gallon of oilheat fuel. `(B) LIMITATION- The annual assessment may not change by more than 1/10 of 1 cent per gallon of oilheat fuel in any 12 month-period. `(C) APPROVAL- No increase in the assessment may occur unless-- `(i) the increase is approved by 3/4 of the members voting at a regularly scheduled meeting of the Alliance; and `(ii) at least 90 days before the date of the meeting of the Alliance, the Alliance provides notice of the proposed increase to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.'; and (2) in subsection (b), by adding at the end the following: `(8) PROHIBITION ON PASS THROUGH- None of the assessments collected under this title may be passed through or otherwise required to be paid by residential consumers of oilheat fuel.'. (b) Funds Made Available to Qualified State Associations- Section 707(e)(2) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following: `(B) SEPARATE ACCOUNTS- As a condition of receipt of funds made available to a qualified State association under this title, the qualified State association shall deposit the funds in an account that is separate from other funds of the qualified State association.'. (c) Administration- Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following: `(f) Use of Assessments- `(1) IN GENERAL- Notwithstanding any other provision of this title, the Secretary and the Alliance shall ensure that assessments collected for each calendar year under this title are allocated and used in accordance with this subsection. `(2) RESEARCH, DEVELOPMENT, AND DEMONSTRATION- `(A) IN GENERAL- The Alliance shall ensure that not less than 30 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to conduct research, development, and demonstration activities relating to oilheat fuel, including the development of energy-efficient heating and the transition and facilitation of the entry of energy-efficient heating systems into the marketplace. `(B) COORDINATION- The Alliance shall coordinate with the Secretary to develop priorities for the use of assessments under this paragraph. `(C) PLAN- The Alliance shall develop a coordinated research plan to carry out research programs and activities under this section. `(D) REPORT- `(i) IN GENERAL- No later than 1 year after date of enactment of this subsection, the Alliance shall prepare a report on the use of biofuels in oilheat fuel utilization equipment. `(ii) CONTENTS- The report required under clause (i) shall-- `(I) provide information on the environmental benefits, economic benefits, and any technical limitations on the use of biofuels in oilheat fuel utilization equipment; and `(II) describe market acceptance of the fuel, and information on State and local governments that are encouraging the use of biofuels in oilheat fuel utilization equipment. `(iii) COPIES- The Alliance shall submit a copy of the report required under clause (i) to-- `(I) Congress; `(II) the Governor of each State, and other appropriate State leaders, in which the Alliance is operating; and `(III) the Administrator of the Environmental Protection Agency. `(E) CONSUMER EDUCATION MATERIALS- The Alliance, in conjunction with an institution or organization engaged in biofuels research, shall develop consumer education materials describing the benefits of using biofuels as or in oilheat fuel based on the technical information developed in the report required under subparagraph (D) and other information generally available. `(3) COST SHARING- `(A) IN GENERAL- In carrying out a research, development, demonstration, or commercial application program or activity that is commenced after the date of enactment of this subsection, the Alliance shall require cost sharing in accordance with this section. `(B) RESEARCH AND DEVELOPMENT- `(i) IN GENERAL- Except as provided in clauses (ii) and (iii), the Alliance shall require that not less than 20 percent of the cost of a research or development program or activity described in subparagraph (A) to be provided by a source other than the Alliance. `(ii) EXCLUSION- Clause (i) shall not apply to a research or development program or activity described in subparagraph (A) that is of a basic or fundamental nature, as determined by the Alliance. `(iii) REDUCTION- The Alliance may reduce or eliminate the requirement of clause (i) for a research and development program or activity of an applied nature if the Alliance determines that the reduction is necessary and appropriate. `(C) DEMONSTRATION AND COMMERCIAL APPLICATION- The Alliance shall require that not less than 50 percent of the cost of a demonstration or commercial application program or activity described in subparagraph (A) to be provided by a source other than the Alliance. `(4) HEATING OIL EFFICIENCY AND UPGRADE PROGRAM- `(A) IN GENERAL- The Alliance shall ensure that not less than 15 percent of the assessments collected for each calendar year under this title are used by qualified State associations or the Alliance to carry out programs to assist consumers-- `(i) to make cost-effective upgrades to more fuel efficient heating oil systems or otherwise make cost-effective modifications to an existing heating system to improve the efficiency of the system; `(ii) to improve energy efficiency or reduce energy consumption through cost-effective energy efficiency programs for consumers; or `(iii) to improve the safe operation of a heating system. `(B) PLAN- The Alliance shall, to the maximum extent practicable, coordinate, develop, and implement the programs and activities of the Alliance in conjunction with existing State energy efficiency program administrators. `(C) ADMINISTRATION- `(i) IN GENERAL- In carrying out this paragraph, the Alliance shall, to the maximum extent practicable, ensure that heating system conversion assistance is coordinated with, and developed after consultation with, persons or organizations responsible for administering-- `(I) the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.); `(II) the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); or `(III) other energy efficiency programs administered by the State or other parties in the State. `(ii) DISTRIBUTION OF FUNDS- The Alliance shall ensure that funds distributed to carry out this paragraph are-- `(I) distributed equitably to States based on the proportional contributions of the States through collected assessments; `(II) used to supplement (and not supplant) State or alternative sources of funding for energy efficiency programs; and `(III) used only to carry out this paragraph. `(5) CONSUMER EDUCATION, SAFETY, AND TRAINING- The Alliance shall ensure that not more than 35 percent of the assessments collected for each calendar year under this title are used-- `(A) to conduct consumer education activities relating to oilheat fuel, including providing information to consumers on-- `(i) energy conservation strategies; `(ii) safety; `(iii) new technologies that reduce consumption or improve safety and comfort; `(iv) the use of biofuels blends; and `(v) Federal, State, and local programs designed to assist oilheat fuel consumers; `(B) to conduct worker safety and training activities relating to oilheat fuel, including energy efficiency training (including classes to obtain Building Performance Institute or Residential Energy Services Network certification); `(C) to carry out other activities recommended by the Secretary; or `(D) to the maximum extent practicable, a data collection process established, in collaboration with the Secretary or other appropriate Federal agencies, to track equipment, service, and related safety issues and to develop measures to improve safety. `(6) ADMINISTRATIVE COSTS- `(A) IN GENERAL- The Alliance shall ensure that not more than 5 percent of the assessments collected for each calendar year under this title are used for-- `(i) administrative costs; or `(ii) indirect costs incurred in carrying out paragraphs (1) through (5). `(B) ADMINISTRATION- Activities under this section shall be documented pursuant to a transparent process and procedures developed in coordination with the Secretary. `(7) REPORTS- `(A) ANNUAL REPORTS- `(i) IN GENERAL- Each qualified State association or the Alliance shall prepare an annual report describing the development and administration of this section, and yearly expenditures under this section. `(ii) CONTENTS- Each report required under clause (i) shall include a description of the use of proceeds under this section, including a description of-- `(I) advancements made in energy-efficient heating systems and biofuel heating oil blends; and `(II) heating system upgrades and modifications and energy efficiency programs funded under this section. `(iii) VERIFICATION- `(I) IN GENERAL- The Alliance shall ensure that an independent third-party reviews each report described in clause (i) and verifies the accuracy of the report. `(II) COUNCILS- If a State has a stakeholder efficiency oversight council, the council shall be the entity that reviews and verifies the report of the State association or Alliance for the State under clause (i). `(B) REPORTS ON HEATING OIL EFFICIENCY AND UPGRADE PROGRAM- At least once every 3 years, the Alliance shall prepare a detailed report describing the consumer savings, cost-effectiveness of, and the lifetime and annual energy savings achieved by heating system upgrades and modifications and energy efficiency programs funded under paragraph (4). `(C) AVAILABILITY- Each report, and any subsequent changes to the report, described in this paragraph shall be made publically available, with notice of availability provided to the Secretary, and posted on the website of the Alliance.'. SEC. 7. MARKET SURVEY AND CONSUMER PROTECTION. Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed. SEC. 8. LOBBYING RESTRICTIONS. Section 710 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking `No funds' and inserting the following: `(a) In General- No funds'; (2) by inserting `or to lobby' after `elections'; and (3) by adding at the end the following: `(b) Assessments- `(1) IN GENERAL- Subject to paragraph (2), no funds derived from assessments collected by the Alliance under section 707 shall be used, directly or indirectly, to influence Federal, State, or local legislation or elections, or the manner of administering of a law. `(2) INFORMATION- The Alliance may use funds described in paragraph (1) to provide information requested by a Member of Congress, or an official of any Federal, State, or local agency, in the course of the official business of the Member or official.'. SEC. 9. NONCOMPLIANCE. Section 712 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by adding at the end the following: `(g) Noncompliance- If the Alliance, a qualified State association, or any other entity or person violates this title, the Secretary shall-- `(1) notify Congress of the noncompliance; and `(2) provide notice of the noncompliance on the Alliance website.'. SEC. 10. SUNSET. Section 713 of the National Oilheat Research, Consumer Education, and Efficiency Act of 2011 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking `9 years' and inserting `19 years'.
H.Res.885 Jun-04-13
STATUS: June 4, 2013.--Introduced. H.R.885 San Antonio Missions National Historical Park Boundary Expansion Act of 2013 (Referred in Senate - RFS) HR 885 RFS 113th CONGRESS1st Session H. R. 885IN THE SENATE OF THE UNITED STATESJune 4, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To expand the boundary of the San Antonio Missions National Historical Park, 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 `San Antonio Missions National Historical Park Boundary Expansion Act of 2013'. SEC. 2. BOUNDARY EXPANSION. Section 201(a) of Public Law 95-629 (16 U.S.C. 410ee(a)) is amended-- (1) by striking `In order' and inserting `(1) In order'; (2) by striking `The park shall also' and inserting the following: `(2) The park shall also'; (3) by striking `After advising the' and inserting the following: `(5) After advising the'. (4) by inserting after paragraph (2) (as so designated by paragraph (2)) the following: `(3) The boundary of the park is further modified to include approximately 137 acres, as depicted on the map titled `San Antonio Missions National Historical Park Proposed Boundary Addition', numbered 472/113,006A, and dated June 2012. The map shall be on file and available for inspection in the appropriate offices of the National Park Service, U.S. Department of the Interior. `(4) The Secretary may not acquire by condemnation any land or interest in land within the boundaries of the park. The Secretary is authorized to acquire land and interests in land that are within the boundaries of the park pursuant to paragraph (3) by donation or exchange only (and in the case of an exchange, no payment may be made by the Secretary to any landowner). No private property or non-Federal public property shall be included within the boundaries of the park without the written consent of the owner of such property. Nothing in this Act, the establishment of the park, or the management plan of the park shall be construed to create buffer zones outside of the park. That an activity or use can be seen or heard from within the park shall not preclude the conduct of that activity or use outside the park.'. Passed the House of Representatives June 3, 2013. Attest: KAREN L. HAAS, Clerk.
H.Res.876 Jun-18-13
STATUS: February 27, 2013.--Introduced in House. May 17, 2013.--Reported out of House; H. Rept. 113-76. June 17, 2013.--Passed in House. April 10, 2014.--Reported to the Senate without amendment. S. Rept. 113-150. April 10, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 361]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. H.R. 876 Idaho Wilderness Water Resources Protection Act (Referred in Senate - RFS) HR 876 RFS 113th CONGRESS1st Session H. R. 876IN THE SENATE OF THE UNITED STATESJune 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 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 `Idaho Wilderness Water Resources Protection Act'. SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK CHURCH-RIVER OF NO RETURN WILDERNESS AND SELWAY-BITTERROOT WILDERNESS, IDAHO. (a) Authorization for Continued Use- The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a `facility') located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that-- (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as `the date of designation'); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner's non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner's non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and Conditions- (1) REQUIRED TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary shall-- (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that-- (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) DISCRETIONARY TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary may-- (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities. Passed the House of Representatives June 17, 2013. Attest: KAREN L. HAAS, Clerk.
S.876 Jun-18-13
STATUS: February 27, 2013.--Introduced in House. May 17, 2013.--Reported out of House; H. Rept. 113-76. June 17, 2013.--Passed in House. April 10, 2014.--Reported to the Senate without amendment. S. Rept. 113-150. April 10, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 361]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. H.R. 876 Idaho Wilderness Water Resources Protection Act (Referred in Senate - RFS) HR 876 RFS 113th CONGRESS1st Session H. R. 876IN THE SENATE OF THE UNITED STATESJune 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 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 `Idaho Wilderness Water Resources Protection Act'. SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK CHURCH-RIVER OF NO RETURN WILDERNESS AND SELWAY-BITTERROOT WILDERNESS, IDAHO. (a) Authorization for Continued Use- The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a `facility') located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that-- (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as `the date of designation'); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner's non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner's non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and Conditions- (1) REQUIRED TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary shall-- (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that-- (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) DISCRETIONARY TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary may-- (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities. Passed the House of Representatives June 17, 2013. Attest: KAREN L. HAAS, Clerk.
H.Res.876 Feb-27-13
STATUS: February 27, 2013.--Introduced in House. May 17, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-76. June 17, 2013.--Passed/agreed to in House April 10, 2014.--Committee on Energy and Natural Resources. Reported by Senator Landrieu without amendment. S. Rpt. No. 113-150. July 9, 2014.-- Passed Senate without amendment by Unanimous Consent July 15, 2014.--Presented to President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-136. H.R.876 Idaho Wilderness Water Resources Protection Act (Enrolled Bill [Final as Passed Both House and Senate] - ENR) --H.R.876-- H.R.876 One Hundred Thirteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen An Act To authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 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 `Idaho Wilderness Water Resources Protection Act'. SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK CHURCH-RIVER OF NO RETURN WILDERNESS AND SELWAY-BITTERROOT WILDERNESS, IDAHO. (a) Authorization for Continued Use- The Secretary of Agriculture shall issue a special use authorization to the owners of a water storage, transport, or diversion facility (in this section referred to as a `facility') located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that-- (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as `the date of designation'); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner's non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner's non-Federal land under Idaho State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and Conditions- (1) REQUIRED TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary shall-- (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that-- (i) the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and (ii) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (B) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation. (2) DISCRETIONARY TERMS AND CONDITIONS- In a special use authorization issued under subsection (a), the Secretary may-- (A) require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131) if the beneficial use of water on the non-Federal land is not diminished; and (B) require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
S.869 May-07-13
STATUS: 05/07/2013: Introduced. S.869 Alabama Black Belt National Heritage Area Act (Introduced in Senate - IS) S 869 IS 113th CONGRESS1st SessionS. 869 To establish the Alabama Black Belt National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 7, 2013 Mr. SHELBY (for himself and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Alabama Black Belt National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Alabama Black Belt National Heritage Area Act'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of Alabama Black Belt National Heritage Area. Sec. 4. Local coordinating entity. Sec. 5. Management plan. Sec. 6. Evaluation; report. Sec. 7. Relationship to other Federal agencies. Sec. 8. Private property and regulatory protections. Sec. 9. Use of Federal funds from other sources. SEC. 2. DEFINITIONS. In this Act: (1) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Center for the Study of the Black Belt at the University of West Alabama. (2) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the National Heritage Area in accordance with this Act. (3) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Alabama Black Belt National Heritage Area established by this Act. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA. (a) Establishment- There is hereby established the Alabama Black Belt National Heritage Area in the State of Alabama. (b) Boundaries- The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and Wilcox counties. SEC. 4. LOCAL COORDINATING ENTITY. (a) Designation- The Center for the Study of the Black Belt at the University of West Alabama shall be the local coordinating entity for the National Heritage Area. (b) Duties- To further the purposes of the National Heritage Area, the local coordinating entity shall-- (1) submit a management plan to the Secretary in accordance with this Act; (2) submit an annual report to the Secretary specifying-- (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts of non-Federal funds leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (3) make available for audit, for each fiscal year for which the local coordinating entity receives Federal funds, all information pertaining to the expenditure of the funds and any matching funds; and (4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (c) Authorities- For the purposes of preparing and implementing the approved management plan, the local coordinating entity may-- (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in-- (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage planning; (4) obtain funds or services from any source, including other Federal programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. SEC. 5. MANAGEMENT PLAN. (a) Requirements- The management plan shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; (2) include a description of actions and commitments that Federal, State, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, funded, managed, and developed; (5) include recommendations for resource management policies and strategies, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (6) describe a program for implementation of the management plan, including-- (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, or local government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and (8) include a business plan that-- (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan. (b) Deadline- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (c) Approval of Management Plan- (1) REVIEW- Not later than 180 days after receiving the management plan, the Secretary shall review and approve or disapprove the management plan on the basis of the criteria listed in paragraph (3). (2) CONSULTATION- The Secretary shall consult with the Governor of Alabama before approving a management plan. (3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan, the Secretary shall consider whether-- (A) the local coordinating entity-- (i) represents the diverse interests of the National Heritage Area, including Federal, State, and local governments, natural, and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (ii) has afforded adequate opportunity for public and Federal, State, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; (iii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; and (iv) has demonstrated the financial capability, in partnership with others, to carry out the management plan; (B) the management plan-- (i) describes resource protection, enhancement, interpretation, funding, management, and development strategies which, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (ii) would not adversely affect any activities authorized on Federal land under public applicable laws or land use plans; (iii) demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (iv) complies with the requirements of this section; and (C) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed that the State and local aspects of the management plan will be effectively implemented. (4) DISAPPROVAL- (A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary-- (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5) AMENDMENTS- (A) IN GENERAL- An amendment to the approved management plan that substantially alters such plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) IMPLEMENTATION- The local coordinating entity shall not implement a substantial amendment to the management plan until the Secretary approves the amendment. (6) AUTHORITIES- The Secretary may-- (A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B) enter into cooperative agreements with interested parties to carry out this Act. SEC. 6. EVALUATION; REPORT. (a) Evaluation- The Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area. An evaluation conducted under this subsection shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan; (2) analyze the Federal, State, and local government, and private investments in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (b) Report- Not later than 3 years after the date of enactment of this Act, based on the evaluation conducted under subsection (a), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General- Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies- Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, 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, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (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 National 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. SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
S.869 May-07-13
STATUS: 05/07/2013: Introduced. S.869 Alabama Black Belt National Heritage Area Act (Introduced in Senate - IS) S 869 IS 113th CONGRESS1st SessionS. 869 To establish the Alabama Black Belt National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 7, 2013 Mr. SHELBY (for himself and Mr. SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Alabama Black Belt National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Alabama Black Belt National Heritage Area Act'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of Alabama Black Belt National Heritage Area. Sec. 4. Local coordinating entity. Sec. 5. Management plan. Sec. 6. Evaluation; report. Sec. 7. Relationship to other Federal agencies. Sec. 8. Private property and regulatory protections. Sec. 9. Use of Federal funds from other sources. SEC. 2. DEFINITIONS. In this Act: (1) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the Center for the Study of the Black Belt at the University of West Alabama. (2) MANAGEMENT PLAN- The term `management plan' means the plan prepared by the local coordinating entity for the National Heritage Area in accordance with this Act. (3) NATIONAL HERITAGE AREA- The term `National Heritage Area' means the Alabama Black Belt National Heritage Area established by this Act. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA. (a) Establishment- There is hereby established the Alabama Black Belt National Heritage Area in the State of Alabama. (b) Boundaries- The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and Wilcox counties. SEC. 4. LOCAL COORDINATING ENTITY. (a) Designation- The Center for the Study of the Black Belt at the University of West Alabama shall be the local coordinating entity for the National Heritage Area. (b) Duties- To further the purposes of the National Heritage Area, the local coordinating entity shall-- (1) submit a management plan to the Secretary in accordance with this Act; (2) submit an annual report to the Secretary specifying-- (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts of non-Federal funds leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (3) make available for audit, for each fiscal year for which the local coordinating entity receives Federal funds, all information pertaining to the expenditure of the funds and any matching funds; and (4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (c) Authorities- For the purposes of preparing and implementing the approved management plan, the local coordinating entity may-- (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in-- (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage planning; (4) obtain funds or services from any source, including other Federal programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. SEC. 5. MANAGEMENT PLAN. (a) Requirements- The management plan shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; (2) include a description of actions and commitments that Federal, State, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, funded, managed, and developed; (5) include recommendations for resource management policies and strategies, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (6) describe a program for implementation of the management plan, including-- (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, or local government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and (8) include a business plan that-- (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan. (b) Deadline- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (c) Approval of Management Plan- (1) REVIEW- Not later than 180 days after receiving the management plan, the Secretary shall review and approve or disapprove the management plan on the basis of the criteria listed in paragraph (3). (2) CONSULTATION- The Secretary shall consult with the Governor of Alabama before approving a management plan. (3) CRITERIA FOR APPROVAL- In determining whether to approve a management plan, the Secretary shall consider whether-- (A) the local coordinating entity-- (i) represents the diverse interests of the National Heritage Area, including Federal, State, and local governments, natural, and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (ii) has afforded adequate opportunity for public and Federal, State, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; (iii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; and (iv) has demonstrated the financial capability, in partnership with others, to carry out the management plan; (B) the management plan-- (i) describes resource protection, enhancement, interpretation, funding, management, and development strategies which, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (ii) would not adversely affect any activities authorized on Federal land under public applicable laws or land use plans; (iii) demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (iv) complies with the requirements of this section; and (C) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed that the State and local aspects of the management plan will be effectively implemented. (4) DISAPPROVAL- (A) IN GENERAL- If the Secretary disapproves the management plan, the Secretary-- (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) DEADLINE- Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5) AMENDMENTS- (A) IN GENERAL- An amendment to the approved management plan that substantially alters such plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) IMPLEMENTATION- The local coordinating entity shall not implement a substantial amendment to the management plan until the Secretary approves the amendment. (6) AUTHORITIES- The Secretary may-- (A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B) enter into cooperative agreements with interested parties to carry out this Act. SEC. 6. EVALUATION; REPORT. (a) Evaluation- The Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area. An evaluation conducted under this subsection shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan; (2) analyze the Federal, State, and local government, and private investments in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (b) Report- Not later than 3 years after the date of enactment of this Act, based on the evaluation conducted under subsection (a), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General- Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination- The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies- Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, 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, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (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 National 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. SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.
H.Res.862 Jun-18-13
STATUS: February 27, 2013.--Introduced in House. May 17, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-75. June 17, 2013.--Passed in House. June 17, 2013.--Introduced in Senate. April 10, 2014.--Reportedto Senate without amendment. S. Rept. 113-149. April 10, 2014.--Placed on Senate Legislative Calendar [Calendar No. 360]. May 22, 2014.--Passed Senate without amendment by Unanimous Consent. May 23, 2014.--Presented to President. May 24, 2014.--Signed by President. May 24, 2014.--Became Public Law No: 113-107 H.R.862 To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance... (Referred in Senate - RFS) HR 862 RFS 113th CONGRESS1st Session H. R. 862IN THE SENATE OF THE UNITED STATESJune 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest containing private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, COCONINO NATIONAL FOREST, ARIZONA. (a) Conveyance Authorized- The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels of land described in subsection (b) to a person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance of the landowners in an erroneous survey conducted in May 1960. (b) Description of Land- The two parcels of land authorized for conveyance under subsection (a) consist of approximately 2.67 acres described in the Bureau of Land Management's Survey Plat titled Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, approved February 2, 2010, as follows: (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino County, Arizona. (c) Consideration- (1) AMOUNT OF CONSIDERATION- As consideration for the conveyance of the two parcels under subsection (a), the person or legal entity that represents (by power of attorney) the majority of landowners with private property adjacent to the parcels shall pay to the Secretary consideration in the amount of $20,000. (2) DEPOSIT- The Secretary shall deposit the consideration received under this subsection in a special account in the fund established under Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (3) USE- The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National Forest System. (d) Revocation of Orders- Any public orders withdrawing any of the Federal land from appropriation or disposal under the public land laws are revoked to the extent necessary to permit conveyance of the Federal land under subsection (a). (e) Withdrawal of Federal Land- Subject to valid existing rights, the Federal land authorized for conveyance under subsection (a) is withdrawn from all forms of entry and appropriation under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing and geothermal leasing laws until the date which the conveyance is completed. (f) Other Terms and Conditions- The conveyance authorized by subsection (a) shall be subject only to those surveys and clearances as needed to protect the interests of the United States. (g) Duration of Authority- The authority provided under this section shall terminate three years after the date of the enactment of this Act. Passed the House of Representatives June 17, 2013. Attest: KAREN L. HAAS, Clerk.
S.841 Apr-25-13
STATUS: April 25, 2013.--Introduced S.841 Hermosa Creek Watershed Protection Act of 2013 (Introduced in Senate - IS) S 841 IS 113th CONGRESS1st SessionS. 841 To designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain Federal land in the San Juan National Forest in the State of Colorado as wilderness, 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 `Hermosa Creek Watershed Protection Act of 2013'. SEC. 2. FINDINGS. Congress finds that-- (1) the ecological health and integrity of the Hermosa Creek Watershed and the economic health of the surrounding communities that rely on the Watershed are connected; (2) the Watershed-- (A) is the only area in the State that is not a unit of National Wilderness Preservation System to achieve a designation of outstanding waters by the State; (B) provides a crucial source of clean drinking water for the residents of the Animas River Valley and the city of Durango, Colorado; and (C) provides high quality agricultural water supplies from Hermosa Creek and the Animas River; (3) the Watershed helps ensure the economic prosperity of local communities in the area that depend on the Watershed for water supplies, recreation, hunting, fishing, hiking, biking, camping, skiing and related winter activities, off-road vehicle travel, scientific research, mineral extraction, and sustainable natural resource development; (4) the world-class Hermosa Creek trail network contains outstanding single track mountain bike riding, backcountry hiking, equestrian riding, and motorcycle riding; (5) the Watershed provides visitors the opportunity to enjoy the tremendous scenic, natural, cultural, and recreational resources of the area; (6) ecologically sustainable grazing has been conducted in a manner that has preserved the high quality of the Watershed; (7) the native Colorado River cutthroat trout fishery located in the Watershed-- (A) is one of the most important fisheries in the State; (B) is crucial for the long-term survival of the cutthroat trout; and (C) provides an opportunity for anglers to have a catch and release fishery for the cutthroat trout; (8) the work of Colorado Parks and Wildlife to enhance the fishery referred to in paragraph (7) has been a tremendous success and a great example of cooperative conservation efforts to recover an imperiled species of fish; (9) the Watershed-- (A) provides some of the best backcountry elk habitat in the State; and (B) supports outstanding hunting opportunities; (10) the large areas of undisturbed forest in the Watershed (including some of the best stands of old growth ponderosa pine in the State) provide excellent wildlife habitat and excellent opportunities for solitude and backcountry recreation; and (11) designation of the Hermosa Creek Wilderness Area, Watershed Protection Area, and Special Management Area would protect those areas in perpetuity for the benefit of the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means La Plata County, Colorado. (2) MAP- The term `Map' means the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (4) SPECIAL MANAGEMENT AREA- The term `Special Management Area' means the Hermosa Creek Special Management Area designated by section 5(a). (5) STATE- The term `State' means the State of Colorado. (6) WATERSHED PROTECTION AREA- The term `Watershed Protection Area' means the Hermosa Creek Watershed Protection Area designated by section 4(a). SEC. 4. DESIGNATION OF HERMOSA CREEK WATERSHED PROTECTION AREA. (a) Designation- Certain Federal land in the San Juan National Forest comprising approximately 107,886 acres, as generally depicted on the Map, is designated as the `Hermosa Creek Watershed Protection Area'. (b) Purposes- The purposes of the Watershed Protection Area are-- (1) to maintain the cultural, economic, and ecological health of the Hermosa Creek Watershed and the surrounding communities that rely on the Watershed; (2) to protect the purity of water that comes from the Hermosa Creek Watershed and supplies residents of the Animas River Valley and the city of Durango, Colorado, with clean drinking water; (3) to protect the purity of, and water supply from, the Hermosa Creek Watershed for agricultural purposes, including irrigation and stockwater uses; (4) to enhance the economic prosperity of local communities in the area who depend on the area for water, recreation, and sustainable natural resource uses; (5) to protect and provide visitors the opportunity to enjoy the recreational, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Watershed; (6) to provide world class opportunities for skiing, biking, hiking, fishing, hunting, horseback riding, snowmobiling, motorcycle riding, snowshoeing, and camping; (7) to provide for economic and natural resource development (including sustainable grazing, vegetation management, beneficial uses of water, and mineral extraction) in a manner consistent with protecting the overall integrity of the Watershed; (8) to protect the native Colorado River cutthroat trout fishery located in the Watershed; (9) to designate the Hermosa Creek Wilderness Area and the Special Management Area; and (10) to conserve, protect, and manage for a healthy Hermosa Creek Watershed for the long-term ecological integrity of the Watershed and the long-term economic health of surrounding communities by allowing sustainable economic development and traditional natural resource development in a matter consistent with the purposes described in paragraphs (1) through (9). SEC. 5. DESIGNATION OF HERMOSA CREEK SPECIAL MANAGEMENT AREA. (a) Designation- Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 68,289 acres, as generally depicted on the Map, is designated as the `Hermosa Creek Special Management Area'. (b) Purpose- The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources and values of the Special Management Area. (c) Administration- (1) IN GENERAL- The Secretary shall administer the Special Management Area-- (A) in a manner that-- (i) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); and (ii) protects a viable population of Colorado River Cutthroat Trout; and (B) in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) USES- (A) IN GENERAL- The Secretary shall allow only such uses of the Special Management Area that the Secretary determines would further the purposes described in subsection (b). (B) MOTORIZED VEHICLES- (i) IN GENERAL- Except as provided in clause (ii) and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Special Management Area shall be permitted only on roads and trails designated for use by such vehicles by the Secretary. (ii) OVER-SNOW VEHICLES- The Secretary may authorize the use of snowmobiles and other over-snow vehicles within the Special Management Area-- (I) during periods of adequate snow cover during the winter season; and (II) subject to such terms and conditions as the Secretary may require. (C) GRAZING- The Secretary shall permit grazing within the Special Management Area, where established before the date of enactment of this Act subject to all applicable laws (including regulations) and Executive orders. (D) PROHIBITED ACTIVITIES- Within the area of the Special Management Area identified on the Map as `East Hermosa Area' the following activities shall be prohibited: (i) New permanent or temporary road construction or the renovation of existing nonsystem roads, except as allowed under the final rule entitled `Special Areas; Roadless Area Conservation; Applicability to the National Forests in Colorado' (77 Fed. Reg. 39576 (July 3, 2012)). (ii) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted for ecological restoration or to further the purposes described in this Act). (d) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and a legal description of the Special Management Area. (2) FORCE OF LAW- 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 may correct clerical and typographical errors in the map and legal description. (3) PUBLIC AVAILABILITY- The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Incorporation of Acquired Land and Interests in Land- Any land or interest in land that is acquired by the United States within the boundary of the Special Management Area shall-- (1) become part of the Special Management Area; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Fish and Wildlife- Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (g) State and Federal Water Management- Nothing in this section affects the potential for development, operation, or maintenance of a water storage reservoir at the site in the Special Management Area that is identified in-- (1) pages 17 through 20 of the Statewide Water Supply Initiative studies prepared by the Colorado Water Conservation Board and issued by the State in November 2004; and (2) page 27 of the Colorado Dam Site Inventory prepared by the Colorado Water Conservation Board and dated August 1996. (h) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Special Management Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (i) Adjacent Management- (1) IN GENERAL- The Special Management Area designated by subsection (a) or the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not create a protective perimeter or buffer zone around the Special Management Area or wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by section 6(a)) shall not preclude the conduct of the activities or uses outside the boundary of the wilderness. (j) Winter Skiing and Related Winter Activities- Nothing in this Act alters or limits-- (1) a permit held by a ski area; (2) the implementation of the activities governed by a ski area permit; or (3) the authority of the Secretary to modify or expand an existing ski area permit. (k) Vegetation Management- Nothing in this section prevents the Secretary from conducting vegetation management projects within the Special Management Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary determines appropriate; and (B) all applicable laws (including regulations); and (2) in a manner consistent with-- (A) the purposes described in subsection (b); and (B) this section. (l) Wildfire, Insect, and Disease Management- Consistent with this section, the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases in the Special Management Area, including, as the Secretary determines to be appropriate, the coordination of the measures with the State or a local agency. (m) Management Plan- Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the long-term protection and management of the Special Management Area that-- (1) takes into account public input; and (2) includes a certification by the Secretary that there are adequate opportunities in the Special Management Area for each of the recreational opportunities referred to in section 4(b)(6). SEC. 6. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation of Wilderness- Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) is amended by adding at the end the following: `(22) Certain land within the San Juan National Forest which comprise approximately 37,236 acres, as generally depicted on the map entitled `Hermosa Creek Proposed Watershed Protection Area, 2012' and dated March 28, 2012, and which shall be known as the `Hermosa Creek Wilderness'.'. (b) Effective Date- Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the wilderness area designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)). (c) Fire, Insects, and Diseases- As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by section 2(a)(22) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756, 114 Stat. 1955, 116 Stat. 1055) (as added by subsection (a)), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. SEC. 7. DURANGO AREA MINERAL WITHDRAWAL. (a) Withdrawal- Subject to valid existing rights, the land and mineral interests described in subsection (b) are withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. (b) Description of Land and Mineral Interests- The land and mineral interests referred to in subsection (a) are-- (1) the approximately 13,086 acres of Federal land depicted on the map entitled `Perins Peak & Animas City Mountain, Horse Gulch and Lake Nighthorse mineral withdrawal' and dated April 5, 2013; and (2) all Federal mineral interests contained within the boundaries of the map described in paragraph (1). (c) Buffer- Nothing in this section may require-- (1) the creation of a protective perimeter or buffer area outside the boundaries of the withdrawal area described in subsection (b); or (2) any prohibition on activities outside of the boundaries of the withdrawal area described in subsection (b) that can be seen or heard from within the boundaries of the withdrawal area. SEC. 8. CONVEYANCE OF BUREAU OF LAND MANAGEMENT LAND TO LA PLATA COUNTY. (a) In General- On the expiration of the permit numbered COC 64651 (09) and dated February 24, 2009, the Secretary of the Interior shall convey to the County, without consideration and subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land- The land referred to in subsection (a) consists of approximately 111 acres of land managed by the Bureau of Land Management, Tres Rios District, Colorado, as generally depicted on the map entitled `La Plata County Grandview Conveyance' and dated March 27, 2013. (c) Map and Legal Description- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall finalize the legal description of the parcel to be conveyed under this section. (2) MINOR ERRORS- The Secretary of the Interior may correct any minor error in-- (A) the map; or (B) the legal description. (3) AVAILABILITY- The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land- The land conveyed under this section shall be used only for any public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the `Recreation and Public Purposes Act') (43 U.S.C. 869 et seq.). (e) Administrative Costs- The Secretary of the Interior shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions- As a condition of the conveyance under subsection (a), the County shall agree in writing to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies. SEC. 9. RELEASE OF WILDERNESS STUDY AREAS. (a) Finding- Congress finds that the land described in subsection (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782). (b) Release- The land described in subsection (c)-- (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 land management plans adopted under section 202 of that Act (43 U.S.C. 1712). (c) Description of Land- The land referred to in subsections (a) and (b) is the approximately 461 acres of land in the West Needles Contiguous Wilderness Study Area of San Juan County, Colorado, that is depicted on the map entitled `West Needles Contiguous Wilderness Study Area Release Area' and dated April 5, 2013.
S.831 May-13-13
STATUS: April 25, 2013.--Introduced. May 9, 2013.--Mr. Blunt added as cosponsor. May 23, 2013.--Mr. Cochran added as cosponsor. June 19, 2013.--Mr. Toomey added as cosponsor. S.831 Coal Miner Employment and Domestic Energy Infrastructure Protection Act of 2013 (Introduced in Senate - IS) S 831 IS 113th CONGRESS1st SessionS. 831 To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2017, under the Surface Mining Control and Reclamation Act of 1977. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. COATS (for himself, Mr. LEE, Mr. BARRASSO, Mr. CHAMBLISS, Mr. COBURN, Mr. CRAPO, Mr. ENZI, Mr. HOEVEN, Mr. ISAKSON, Mr. RISCH, Mr. VITTER, Mr. WICKER, Mr. SESSIONS, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2017, under the Surface Mining Control and Reclamation Act of 1977. 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 `Coal Miner Employment and Domestic Energy Infrastructure Protection Act of 2013'. SEC. 2. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977. The Secretary of the Interior may not, before December 31, 2017, issue or approve any proposed or final regulation under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) that would-- (1) adversely impact employment in coal mines in the United States; (2) cause a reduction in revenue received by the Federal Government or any State, tribal, or local government, by reducing through regulation the quantity of coal in the United States that is available for mining; (3) reduce the quantity of coal available for domestic consumption or for export; (4) designate any area as unsuitable for surface coal mining and reclamation operations; (5) expose the United States to liability for taking the value of privately owned coal through regulation; or (6) cause further time delays to permitting or increase costs.
S.816 Apr-25-13
Status: April 25, 2013.--Introduced. S.816 Stewardship End Result Contracting Project Act (Introduced in Senate - IS) S 816 IS 113th CONGRESS1st SessionS. 816 To amend the Omnibus Public Land Management Act of 2009 to provide for the conduct of stewardship end result contracting projects. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Public Land Management Act of 2009 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 End Result Contracting Project Act'. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General- Title IV of the Omnibus Public Land Management Act of 2009 is amended-- (1) by redesignating section 4004 (16 U.S.C. 7304) as section 4005; (2) by inserting after section 4003 (16 U.S.C. 7303) the following: `SEC. 4004. 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. `(3) ELIGIBLE LAND- The term `eligible land' means land located on National Forest System land or Bureau of Land Management land located west of the 100th meridian. `(b) Projects- 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 eligible land that meets 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) 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). `(6) 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). `(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) and 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 may-- `(A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.); and `(B) 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.'; and (3) in section 4005 (as so redesignated), by inserting `, other than section 4004' after `title'. (b) 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.812 Apr-25-13
STATUS: April 25, 2013.--Introduced. October 1, 2013.--Full committee hearing held. (31) October 12, 2013.--Senate Committee on Energy and Natural Resources discharged by Unanimous Consent. Passed Senate without amendment by Unanimous Consent. October 14, 2013.--Held at desk. S.812 To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon... (Introduced in Senate - IS) S 812 IS 113th CONGRESS1st SessionS. 812 To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico. IN THE SENATE OF THE UNITED STATESApril 25, 2013 Mr. WYDEN (for himself and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to take actions to implement the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES CONCERNING TRANSBOUNDARY HYDROCARBON RESERVOIRS IN THE GULF OF MEXICO. The Secretary of the Interior is authorized to take actions necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, which is hereby approved, including-- (1) to approve unitization agreements and related arrangements for the exploration of, and development or production of oil or gas from, transboundary reservoirs and geological structures; (2) to disclose as necessary under the Agreement information related to the exploration, development, and production of a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; and (3) to accept and take action not inconsistent with an expert determination under the Agreement.