Committee Legislation

Bill Introduced Description
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.
S.797 Apr-24-13
STATUS: April 24, 2013.--Introduced. S.797 To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. (Introduced in Senate - IS) S 797 IS 113th CONGRESS1st SessionS. 797 To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. IN THE SENATE OF THE UNITED STATESApril 24, 2013 Mr. REID (for Mr. LAUTENBERG (for himself and Mr. MENENDEZ)) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization for the Coastal Heritage Trail in the State of New Jersey. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COASTAL HERITAGE TRAIL REAUTHORIZATION. Section 6(c) of Public Law 100-515 (16 U.S.C. 1244 note; 122 Stat. 827) is amended by striking `2011' and inserting `2018'.
S.783 Apr-23-13
STATUS: April 23, 2013.-- Introduced. April 25, 2013.--Mr. King added as cosponsor. May 7, 2013.--Full committee hearing held. May 13, 2013.--Mr. Schumer added as cosponsor. May 15, 2013.--Mr. Flake and Mr. Blumenthal added as cosponsors. May 20, 2013.--Mr. Risch added as cosponsor. June 3, 2013.--Mr. Heinrich added as cosponsor. June 4, 2013.--Mr. Crapo added as cosponsor. June 18, 2013.--Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably. June 18, 2013.--Mr. Merkley added as cosponsor. June 27, 2013.--Mr. Casey added as cosponsor. July 9, 2013.--Mr. Whitehouse added as cosponsor. July 11, 2013.--Mrs. Gillibrand added as cosponsor. July 29, 2013.--Mr. Tester added as cosponsor. July 29, 2013.--Reported to Senate with an amendment; S. Rpt 113-83 and placed on Senate Calender No. 152. August 1, 2013.--Mrs. Hagan added as cosponsor. S.783 Helium Stewardship Act of 2013 (Introduced in Senate - IS) S 783 IS 113th CONGRESS1st SessionS. 783 To amend the Helium Act to improve helium stewardship, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 23, 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 amend the Helium Act to improve helium stewardship, 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 `Helium Stewardship Act of 2013'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended to read as follows: `SEC. 2. DEFINITIONS. `In this Act: `(1) CLIFFSIDE FIELD- The term `Cliffside Field' means the helium storage reservoir in which the Federal Helium Reserve is stored. `(2) FEDERAL HELIUM PIPELINE- The term `Federal Helium Pipeline' means the federally owned pipeline system through which the Federal Helium Reserve may be transported. `(3) FEDERAL HELIUM RESERVE- The term `Federal Helium Reserve' means helium reserves owned by the United States. `(4) FEDERAL HELIUM SYSTEM- The term `Federal Helium System' means-- `(A) the Federal Helium Reserve; `(B) the Cliffside Field; `(C) the Federal Helium Pipeline; and `(D) all other infrastructure owned, leased, or managed under contract by the Secretary for the storage, transportation, withdrawal, purification, or management of helium. `(5) FEDERAL USER- The term `Federal user' means a Federal agency or extramural holder of one or more Federal research grants using helium. `(6) LOW-BTU GAS- The term `low-Btu gas' means a fuel gas with a heating value of less than 250 Btu per standard cubic foot measured as the higher heating value resulting from the inclusion of noncombustible gases, including nitrogen, helium, argon, and carbon dioxide. `(7) PERSON- The term `person' means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, or State or political subdivision. `(8) PRIORITY PIPELINE ACCESS- The term `priority pipeline access' means the first priority of delivery of crude helium under which the Secretary schedules and ensures the delivery of crude helium to a helium refinery through the Federal Helium System. `(9) QUALIFIED BIDDER- `(A) IN GENERAL- The term `qualified bidder' means a person the Secretary determines is seeking to purchase helium for their own use, refining, or redelivery to users. `(B) EXCLUSION- The term `qualified bidder' does not include a person who was previously determined to be a qualified bidder if the Secretary determines that the person did not meet the requirements of a qualified bidder under this Act. `(10) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction' means any agreement entered into or renegotiated agreement during the preceding 1-year period in the United States for the purchase or sale of at least 20,000,000 standard cubic feet of crude or pure helium to which any holder of a contract with the Secretary for the acceptance, storage, delivery, or redelivery of crude helium from the Federal Helium System is a party. `(11) REFINER- The term `refiner' means a person with the ability to take delivery of crude helium from the Federal Helium Pipeline and refine the crude helium into pure helium. `(12) SECRETARY- The term `Secretary' means the Secretary of the Interior.'. SEC. 3. AUTHORITY OF SECRETARY. Section 3 of the Helium Act (50 U.S.C. 167a) is amended by adding at the end the following: `(c) Extraction of Helium From Deposits on Federal Land- All amounts received by the Secretary from the sale or disposition of helium on Federal land shall be credited to the Helium Production Fund established under section 6(d).'. SEC. 4. STORAGE, WITHDRAWAL AND TRANSPORTATION. Section 5 of the Helium Act (50 U.S.C. 167c) is amended to read as follows: `SEC. 5. STORAGE, WITHDRAWAL AND TRANSPORTATION. `(a) In General- If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services. `(b) Minimum Fees- The fees charged under subsection (a) shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services. `(c) Schedule of Fees- Prior to sale or auction under subsection (a), (b), or (c) of section 6, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section. `(d) Treatment- All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 6(d). `(e) New Storage- In accordance with this section, the Secretary shall allow any person or qualified bidder to which crude helium is sold or auctioned under section 6 to store that helium in the Federal Helium Reserve.'. SEC. 5. SALE OF CRUDE HELIUM. Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: `SEC. 6. SALE OF CRUDE HELIUM. `(a) Phase A: Allocation Transition- `(1) IN GENERAL- The Secretary shall offer crude helium for sale in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. `(2) FEDERAL PURCHASES- Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Helium Stewardship Act of 2013; and `(B) ending on September 30, 2014. `(b) Phase B: Auction Implementation- `(1) IN GENERAL- The Secretary shall offer crude helium for sale in quantities not subject to auction under paragraph (2), at such times, at not less than the minimum price established under paragraph (7), and under such terms and conditions as the Secretary determines necessary-- `(A) to maximize total recovery of helium from the Federal Helium Reserve over the long term; `(B) to maximize the total financial return to the taxpayer; `(C) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve; and `(E) to carry out this subsection with minimum market disruption. `(2) AUCTION QUANTITIES- For the period described in paragraph (4) and consistent with the conditions described in paragraph (8), the Secretary shall annually auction to any qualified bidder a quantity of crude helium in the Federal Helium Reserve equal to-- `(A) for fiscal year 2015, 10 percent of the total volume of crude helium made available for that fiscal year; and `(B) for each subsequent fiscal year, a percentage of the total volume of crude helium that is 10 percentage points greater than the percentage available for the previous fiscal year, but not to exceed 100 percent. `(3) FEDERAL PURCHASES- Federal users may purchase refined helium-with priority pipeline access and at the in-kind price under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on October 1, 2014; and `(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. `(5) SAFETY VALVE- The Secretary may adjust the quantities specified in paragraph (2)-- `(A) downward, if the Secretary determines the adjustment necessary-- `(i) to minimize market disruptions that pose a threat to the economic well-being of the United States; and `(ii) only after submitting a written justification of the adjustment to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives; or `(B) upward, if the Secretary determines the adjustment necessary to increase participation in crude helium auctions or returns to the taxpayer. `(6) AUCTION FORMAT- The Secretary shall conduct each auction using a method that maximizes revenue to the Federal Government. `(7) PRICES- The Secretary shall annually establish, as applicable, sale and minimum auction prices under subsection (a)(1) and paragraphs (1) and (2) using, if applicable and in the following order of priority: `(A) The sale price of crude helium in auctions held by the Secretary under paragraph (2). `(B) Price recommendations and disaggregated data from a qualified, independent third party who has no conflict of interest, who shall conduct a confidential survey of qualifying domestic helium transactions. `(C) The volume-weighted average price of all crude helium and pure helium purchased, sold, or processed by persons in all qualifying domestic helium transactions. `(D) The volume-weighted average cost of converting gaseous crude helium into pure helium. `(8) TERMS AND CONDITIONS- `(A) IN GENERAL- The Secretary shall require all persons that are parties to a contract with the Secretary for the withdrawal, acceptance, storage, transportation, delivery, or redelivery of crude helium to disclose, on a strictly confidential basis-- `(i) the volumes and associated prices in dollars per thousand cubic feet of all crude and pure helium purchased, sold, or processed by persons in qualifying domestic helium transactions; `(ii) the volumes and associated costs in dollars per thousand cubic feet of converting crude helium into pure helium; and `(iii) refinery capacity and future capacity estimates. `(B) CONDITION- As a condition of sale or auction to a refiner under subsection (a)(1) and paragraphs (1) and (2), effective beginning 90 days after the date of enactment of the Helium Stewardship Act of 2013, the refiner shall make excess refining capacity of helium available at commercially reasonable rates to-- `(i) any person prevailing in auctions under paragraph (2); and `(ii) any person that has acquired crude helium from the Secretary from the Federal Helium Reserve by means other than an auction under paragraph (2) after the date of enactment of the Helium Stewardship Act of 2013. `(9) USE OF INFORMATION- The Secretary may use the information collected under this Act-- `(A) to approximate crude helium prices; and `(B) to ensure the recovery of fair value for the taxpayers of the United States from sales of crude helium. `(10) PROTECTION OF CONFIDENTIALITY- The Secretary shall adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure the confidentiality of information submitted pursuant to this Act. `(c) Phase C: Continued Access for Federal Users- `(1) IN GENERAL- The Secretary shall offer crude helium for sale to Federal users in such quantities, at such times, at not less than the minimum price established under subsection (b)(7), and under such terms and conditions as the Secretary determines necessary to carry out this subsection. `(2) FEDERAL PURCHASES- Federal users may purchase refined helium with priority pipeline access under this subsection from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Helium Production Fund- `(1) IN GENERAL- All amounts received under this Act, including amounts from the sale or auction of crude helium, shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this Act (other than sections 16, 17, and 18), including capital investments in upgrades and maintenance at the Federal Helium System, including-- `(A) well head maintenance at the Cliffside Field; `(B) capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Field; `(C) capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium from the Federal Helium Reserve; `(D) entering into purchase, lease, or other agreements to drill new or uncap existing wells to maximize the recovery of crude helium from the Federal Helium System if the Secretary determines the actions to be cost-effective; and `(E) any other scheduled or unscheduled maintenance of the Federal Helium System. `(2) EXCESS FUNDS- Any amounts in the Helium Production Fund described in paragraph (1) that exceed the amounts that the Secretary determines to be necessary to carry out paragraph (1) shall be deposited in the general fund of the Treasury. `(e) Minimum Quantity- The Secretary shall offer for sale or auction during each fiscal year under subsections (a), (b), and (c) a quantity of crude helium that is the lesser of -- `(1) the quantity of crude helium offered for sale by the Secretary during fiscal year 2012; and `(2) the maximum total production capacity of the Federal Helium System. `(f) Maintenance of Helium Supply- The Secretary shall minimize disruption in the supply of helium from the Federal Helium System during the transition between phases of helium sales under subsections (a), (b), and (c).'. SEC. 6. INFORMATION, ASSESSMENT, RESEARCH, AND STRATEGY. The Helium Act (50 U.S.C. 167 et seq.) is amended-- (1) by repealing section 15 (50 U.S.C. 167m); (2) by redesignating section 17 (50 U.S.C. 167 note) as section 20; and (3) by inserting after section 14 (50 U.S.C. 167l) the following: `SEC. 15. INFORMATION. `(a) Transparency- The Secretary, acting through the Bureau of Land Management, shall make available on the Internet information relating to the Federal Helium System that includes-- `(1) continued publication of an open market and in-kind price; `(2) aggregated projections of excess refining capacity; `(3) ownership of helium held in the Federal Helium Reserve; `(4) the volume of helium delivered to persons through the Federal Helium Pipeline; `(5) pressure constraints of the Federal Helium Pipeline; `(6) an estimate of the projected date when 3,000,000,000 standard cubic feet of crude helium will remain in the Federal Helium Reserve and the final phase described in section 6(c) will begin; `(7) the amount of the fees charged under section 5; `(8) the scheduling of crude helium deliveries through the Federal Helium Pipeline; and `(9) other factors that will increase transparency. `(b) Reporting- Not later than 90 days after the date of enactment of the Helium Stewardship Act of 2013, to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish a timely and public reporting process to provide data that affects the helium industry, including-- `(1) annual maintenance schedules and quarterly updates, that shall include-- `(A) the date and duration of planned shutdowns of the Federal Helium Pipeline; `(B) the nature of work to be undertaken on the Federal Helium System, whether routine, extended, or extraordinary; `(C) the anticipated impact of the work on the helium supply; `(D) the efforts being made to minimize any impact on the supply chain; and `(E) any concerns regarding maintenance of the Federal Helium Pipeline, including the pressure of the pipeline or deviation from normal operation of the pipeline; `(2) for each unplanned outage, a description of-- `(A) the beginning of the outage; `(B) the expected duration of the outage; `(C) the nature of the problem; `(D) the estimated impact on helium supply; `(E) a plan to correct problems, including an estimate of the potential timeframe for correction and the likelihood of plan success within the timeframe; `(F) efforts to minimize negative impacts on the helium supply chain; and `(G) updates on repair status and the anticipated online date; `(3) monthly summaries of meetings and communications between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including a list of participants and an indication of any actions taken as a result of the meetings or communications; and `(4) current predictions of the lifespan of the Federal Helium System, including how much longer the crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium System for the following fiscal year. `SEC. 16. HELIUM GAS RESOURCE ASSESSMENT. `(a) In General- Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013, the Secretary, acting through the Director of the United States Geological Survey, shall-- `(1) in coordination with appropriate heads of State geological surveys-- `(A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and `(B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; `(2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; `(3) in coordination with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete-- `(A) an assessment of trends in global demand for helium, including the isotope helium-3; `(B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and `(C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and `(4) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the assessments required under this paragraph. `(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 17. LOW-BTU GAS SEPARATION AND HELIUM CONSERVATION. `(a) Authorization- The Secretary of Energy shall support programs of research, development, commercial application, and conservation (including the programs described in subsection (b))-- `(1) to expand the domestic production of low-Btu gas and helium resources; `(2) to separate and capture helium from natural gas streams; and `(3) to reduce the venting of helium and helium-bearing low-Btu gas during natural gas exploration and production. `(b) Programs- `(1) MEMBRANE TECHNOLOGY RESEARCH- The Secretary of Energy, in consultation with other appropriate agencies, shall support a civilian research program to develop advanced membrane technology that is used in the separation of low-Btu gases, including technologies that remove helium and other constituent gases that lower the Btu content of natural gas. `(2) HELIUM SEPARATION TECHNOLOGY- The Secretary of Energy shall support a research program to develop technologies for separating, gathering, and processing helium in low concentrations that occur naturally in geological reservoirs or formations, including-- `(A) low-Btu gas production streams; and `(B) technologies that minimize the atmospheric venting of helium gas during natural gas production. `(3) INDUSTRIAL HELIUM PROGRAM- The Secretary of Energy, working through the Advanced Manufacturing Office of the Department of Energy, shall carry out a research program-- `(A) to develop low-cost technologies and technology systems for recycling, reprocessing, and reusing helium for all medical, scientific, industrial, commercial, aerospace, and other uses of helium in the United States, including Federal uses; and `(B) to develop industrial gathering technologies to capture helium from other chemical processing, including ammonia processing. `(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 18. HELIUM-3 SEPARATION. `(a) Interagency Cooperation- The Secretary shall cooperate with the Secretary of Energy, or a designee, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve or along the Federal Helium Pipeline, including-- `(1) gas analysis; `(2) infrastructure studies; and `(3) cooperation with refiners. `(b) Feasibility Study- The Secretary, in consultation with the Secretary of Energy, or a designee, may carry out a study to assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at-- `(1) the Federal Helium Reserve; or `(2) an existing helium separation or purification facility connected to the Federal Helium Pipeline. `(c) Report- Not later than 1 year after the date of enactment of the Helium Stewardship Act of 2013, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that contains a description of the results of the assessments conducted under this section. `(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as are necessary. `SEC. 19. FEDERAL AGENCY HELIUM ACQUISITION STRATEGY. `Not later than 2 years after the date of enactment of the Helium Stewardship Act of 2013, the Secretary (in consultation with the Secretary of Energy, the Secretary of Defense, the Director of the National Science Foundation, and the Director of the National Institutes of Health) shall submit to Congress a report that provides for Federal users-- `(1) an assessment of the consumption of, and projected demand for, crude and refined helium; `(2) a description of a 20-year Federal strategy for securing access to crude helium; `(3) an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and `(4) a description of a process for prioritization of uses that accounts for diminished availability of helium supplies that may occur over time.'. SEC. 7. CONFORMING AMENDMENTS. (a) Section 4 of the Helium Act (50 U.S.C. 167b) is amended by striking `section 6(f)' each place it appears in subsections (c)(3), (c)(4), and (d)(2) and inserting `section 6(d)'. (b) Section 8 of the Helium Act (50 U.S.C. 167f) is repealed. SEC. 8. EXISTING AGREEMENTS. This Act and the amendments made by this Act shall not in any manner affect or diminish the rights and obligations of the Secretary of the Interior and private parties under agreements in existence on the date of enactment of this Act, except to the extent that the agreements are renewed or extended after that date. SEC. 9. REGULATIONS. The Secretary of the Interior shall promulgate such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations necessary to prevent unfair acts and practices.
S.782 Apr-23-13
STATUS: April 23, 2013.--Introduced. May 22, 2014.--Reported with an amendment. S.Rept. 113-168. May 22, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 394.] S.782 Gettysburg National Military Park Expansion Act (Introduced in Senate - IS) S 782 IS 113th CONGRESS1st SessionS. 782 To amend Public Law 101-377 to revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 23, 2013 Mr. CASEY (for himself, Mr. TOOMEY, and Mr. KING) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend Public Law 101-377 to revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station, 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 `Gettysburg National Military Park Expansion Act'. SEC. 2. GETTYSBURG NATIONAL MILITARY PARK EXPANSION. (a) Gettysburg National Military Park Boundary Revision- Section 1 of Public Law 101-377 (16 U.S.C. 430g-4) is amended by adding at the end the following: `(d) Additional Land- In addition to the land described in subsections (a) and (b), the park shall include-- `(1) the property commonly known as the `Gettysburg Train Station' (including land located in close proximity to the Gettysburg Train Station) that is-- `(A) located in the Borough of Gettysburg; and `(B) depicted on the map entitled `Gettysburg National Military Park, Proposed Boundary', numbered 305/80,045, and dated September 2008; and `(2) the property that is-- `(A) located adjacent to Plum Run in Cumberland Township; and `(B) depicted on the map entitled `Gettysburg National Military Park, Proposed Boundary Addition', numbered 305/80,046, and dated February 2009.'. (b) Acquisition and Disposal of Land- Section 2(a) of Public Law 101-377 (16 U.S.C. 430g-5(a)) is amended-- (1) by striking `The Secretary' and inserting the following: `(1) IN GENERAL- The Secretary'; and (2) by adding at the end the following: `(2) ACQUISITION OF PUBLICLY OWNED LAND- `(A) IN GENERAL- Subject to subparagraph (B), the Secretary may acquire only by purchase from a willing seller publicly owned property that is located within the property described in section 1(d)(1) if the Secretary determines that efforts to acquire the property without cost have been exhausted. `(B) EMINENT DOMAIN- The Secretary may not acquire by eminent domain property that is located within the property described in section 1(d)(1).'.