Committee Legislation

Bill Introduced Description
S.339 Feb-14-13
STATUS: February 14, 2013.--Introduced November 20, 20213.—Hearing by Subcommittee. S.Hrg 113-342. S.339 Southeast Arizona Land Exchange and Conservation Act of 2013 (Introduced in Senate - IS) S 339 IS 113th CONGRESS 1st Session S. 339 To facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Southeast Arizona Land Exchange and Conservation Act of 2013'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Land exchange. Sec. 5. Conveyance and management of non-Federal land. Sec. 6. Value adjustment payment to United States. Sec. 7. Withdrawal. Sec. 8. Apache leap. Sec. 9. Conveyances to town of Superior, Arizona. Sec. 10. Miscellaneous provisions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings- Congress finds that-- (1) the land exchange furthers public objectives referenced in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) including-- (A) promoting significant job and other economic opportunities in a part of the State of Arizona that has a long history of mining, but is currently experiencing high unemployment rates and economic difficulties; (B) facilitating the development of a world-class domestic copper deposit capable of meeting a significant portion of the annual United States demand for this strategic and important mineral, in an area which has already been subject to mining operations; (C) significantly enhancing Federal, State, and local revenue collections in a time of severe governmental budget shortfalls; (D) securing Federal ownership and protection of land with significant fish and wildlife, recreational, scenic, water, riparian, cultural, and other public values; (E) assisting more efficient Federal land management via Federal acquisition of land for addition to the Las Cienegas and San Pedro National Conservation Areas, and to the Tonto and Coconino National Forests; (F) providing opportunity for community expansion and economic diversification adjacent to the towns of Superior, Miami, and Globe, Arizona; and (G) protecting the cultural resources and other values of the Apache Leap escarpment located near Superior, Arizona; and (2) the land exchange is, therefore, in the public interest. (b) Purpose- It is the purpose of this Act to authorize, direct, facilitate, and expedite the exchange of land between Resolution Copper and the United States. SEC. 3. DEFINITIONS. In this Act: (1) APACHE LEAP- The term `Apache Leap' means the approximately 807 acres of land depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Apache Leap' and dated March 2011. (2) FEDERAL LAND- The term `Federal land' means the approximately 2,422 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Oak Flat' and dated March 2011. (3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) NON-FEDERAL LAND- The term `non-Federal land' means the parcels of land owned by Resolution Copper that are described in section 5(a) and, if necessary to equalize the land exchange under section 4, section 4(e)(2)(A)(i). (5) OAK FLAT CAMPGROUND- The term `Oak Flat Campground' means the approximately 50 acres of land comprising approximately 16 developed campsites depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Oak Flat Campground' and dated March 2011. (6) OAK FLAT WITHDRAWAL AREA- The term `Oak Flat Withdrawal Area' means the approximately 760 acres of land depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Oak Flat Withdrawal Area' and dated March 2011. (7) RESOLUTION COPPER- The term `Resolution Copper' means Resolution Copper Mining, LLC, a Delaware limited liability company, including any successor, assign, affiliate, member, or joint venturer of Resolution Copper Mining, LLC. (8) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (9) STATE- The term `State' means the State of Arizona. (10) TOWN- The term `Town' means the incorporated town of Superior, Arizona. SEC. 4. LAND EXCHANGE. (a) In General- Subject to the provisions of this Act, if Resolution Copper offers to convey to the United States all right, title, and interest of Resolution Copper in and to the non-Federal land, the Secretary is authorized and directed to convey to Resolution Copper, all right, title, and interest of the United States in and to the Federal land. (b) Conditions on Acceptance- Title to any non-Federal land conveyed by Resolution Copper to the United States under this Act shall be in a form that-- (1) is acceptable to the Secretary, for land to be administered by the Forest Service and the Secretary of the Interior, for land to be administered by the Bureau of Land Management; and (2) conforms to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (c) Consultation With Indian Tribes- If not undertaken prior to enactment of this Act, within 30 days of the date of enactment of this Act, the Secretary shall engage in government-to-government consultation with affected Indian tribes concerning issues related to the land exchange, in accordance with applicable laws (including regulations). (d) Appraisals- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and Resolution Copper shall select an appraiser to conduct appraisals of the Federal land and non-Federal land in compliance with the requirements of section 254.9 of title 36, Code of Federal Regulations. (2) REQUIREMENTS- (A) IN GENERAL- Except as provided in subparagraph (B), an appraisal prepared under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) FINAL APPRAISED VALUE- After the final appraised values of the Federal land and non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value-- (i) for a period of 3 years beginning on the date of the approval by the Secretary of the final appraised value; or (ii) at all, in accordance with section 254.14 of title 36, Code of Federal Regulations (or a successor regulation), after an exchange agreement is entered into by Resolution Copper and the Secretary. (C) IMPROVEMENTS- Any improvements made by Resolution Copper prior to entering into an exchange agreement shall not be included in the appraised value of the Federal land. (D) PUBLIC REVIEW- Before consummating the land exchange under this Act, the Secretary shall make the appraisals of the land to be exchanged (or a summary thereof) available for public review. (3) APPRAISAL INFORMATION- The appraisal prepared under this subsection shall include a detailed income capitalization approach analysis of the market value of the Federal land which may be utilized, as appropriate, to determine the value of the Federal land, and shall be the basis for calculation of any payment under section 6. (e) Equal Value Land Exchange- (1) IN GENERAL- The value of the Federal land and non-Federal land to be exchanged under this Act shall be equal or shall be equalized in accordance with this subsection. (2) SURPLUS OF FEDERAL LAND VALUE- (A) IN GENERAL- If the final appraised value of the Federal land exceeds the value of the non-Federal land, Resolution Copper shall-- (i) convey additional non-Federal land in the State to the Secretary or the Secretary of the Interior, consistent with the requirements of this Act and subject to the approval of the applicable Secretary; (ii) make a cash payment to the United States; or (iii) use a combination of the methods described in clauses (i) and (ii), as agreed to by Resolution Copper, the Secretary, and the Secretary of the Interior. (B) AMOUNT OF PAYMENT- The Secretary may accept a payment in excess of 25 percent of the total value of the land or interests conveyed, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (C) DISPOSITION AND USE OF PROCEEDS- Any amounts received by the United States under this subparagraph shall be deposited in the fund established under Public Law 90-171 (commonly known as the `Sisk Act'; 16 U.S.C. 484a) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (3) SURPLUS OF NON-FEDERAL LAND- If the final appraised value of the non-Federal land exceeds the value of the Federal land-- (A) the United States shall not make a payment to Resolution Copper to equalize the value; and (B) except as provided in section 9(b)(2)(B), the surplus value of the non-Federal land shall be considered to be a donation by Resolution Copper to the United States. (f) Oak Flat Withdrawal Area- (1) PERMITS- Subject to the provisions of this subsection and notwithstanding any withdrawal of the Oak Flat Withdrawal Area from the mining, mineral leasing, or public land laws, the Secretary, upon enactment of this Act, shall issue to Resolution Copper-- (A) if so requested by Resolution Copper, within 30 days of such request, a special use permit to carry out mineral exploration activities under the Oak Flat Withdrawal Area from existing drill pads located outside the Area, if the activities would not disturb the surface of the Area; and (B) if so requested by Resolution Copper, within 90 days of such request, a special use permit to carry out mineral exploration activities within the Oak Flat Withdrawal Area (but not within the Oak Flat Campground), if the activities are conducted from a single exploratory drill pad which is located to reasonably minimize visual and noise impacts on the Campground. (2) CONDITIONS- Any activities undertaken in accordance with this subsection shall be subject to such reasonable terms and conditions as the Secretary may require. (3) TERMINATION- The authorization for Resolution Copper to undertake mineral exploration activities under this subsection shall remain in effect until the Oak Flat Withdrawal Area land is conveyed to Resolution Copper in accordance with this Act. (g) Costs- As a condition of the land exchange under this Act, Resolution Copper shall agree to pay, without compensation, all costs that are-- (1) associated with the land exchange and any environmental review document under subsection (j); and (2) agreed to by the Secretary. (h) Use of Federal Land- The Federal land to be conveyed to Resolution Copper under this Act shall be available to Resolution Copper for mining and related activities subject to and in accordance with applicable Federal, State, and local laws pertaining to mining and related activities on land in private ownership. (i) Intent of Congress- It is the intent of Congress that the land exchange directed by this Act shall be consummated not later than one year after the date of enactment of this Act. (j) Environmental Compliance- Compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this Act shall be as follows: (1) Prior to commencing production in commercial quantities of any valuable mineral from the Federal land conveyed to Resolution Copper under this Act (except for any production from exploration and mine development shafts, adits, and tunnels needed to determine feasibility and pilot plant testing of commercial production or to access the ore body and tailing deposition areas), Resolution Copper shall submit to the Secretary a proposed mine plan of operations. (2) The Secretary shall, within 3 years of such submission, complete preparation of an environmental review document in accordance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4322(2)) which shall be used as the basis for all decisions under applicable Federal laws, rules and regulations regarding any Federal actions or authorizations related to the proposed mine and mine plan of operations of Resolution Copper, including the construction of associated power, water, transportation, processing, tailings, waste dump, and other ancillary facilities. SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL LAND. (a) Conveyance- On receipt of title to the Federal land, Resolution Copper shall simultaneously convey-- (1) to the Secretary, all right, title, and interest that the Secretary determines to be acceptable in and to-- (A) the approximately 147 acres of land located in Gila County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Turkey Creek' and dated March 2011; (B) the approximately 148 acres of land located in Yavapai County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Tangle Creek' and dated March 2011; (C) the approximately 149 acres of land located in Maricopa County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Cave Creek' and dated March 2011; (D) the approximately 640 acres of land located in Coconino County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-East Clear Creek' and dated March 2011; and (E) the approximately 110 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Apache Leap South End' and dated March 2011; and (2) to the Secretary of the Interior, all right, title, and interest that the Secretary of the Interior determines to be acceptable in and to-- (A) the approximately 3,050 acres of land located in Pinal County, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Lower San Pedro River' and dated July 6, 2011; (B) the approximately 160 acres of land located in Gila and Pinal Counties, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Dripping Springs' and dated July 6, 2011; and (C) the approximately 940 acres of land located in Santa Cruz County, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Appleton Ranch' and dated July 6, 2011. (b) Management of Acquired Land- (1) LAND ACQUIRED BY THE SECRETARY- (A) IN GENERAL- Land acquired by the Secretary under this Act shall-- (i) become part of the national forest in which the land is located; and (ii) be administered in accordance with the laws applicable to the National Forest System. (B) BOUNDARY REVISION- On the acquisition of land by the Secretary under this Act, the boundaries of the national forest shall be modified to reflect the inclusion of the acquired land. (C) LAND AND WATER CONSERVATION FUND- For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundaries of a national forest in which land acquired by the Secretary is located shall be deemed to be the boundaries of that forest as in existence on January 1, 1965. (2) LAND ACQUIRED BY THE SECRETARY OF THE INTERIOR- (A) SAN PEDRO NATIONAL CONSERVATION AREA- (i) IN GENERAL- The land acquired by the Secretary of the Interior under subsection (a)(2)(A) shall be added to, and administered as part of, the San Pedro National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (ii) MANAGEMENT PLAN- Not later than 2 years after the date on which the land is acquired, the Secretary of the Interior shall update the management plan for the San Pedro National Conservation Area to reflect the management requirements of the acquired land. (B) DRIPPING SPRINGS- Land acquired by the Secretary of the Interior under subsection (a)(2)(B) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. (C) LAS CIENEGAS NATIONAL CONSERVATION AREA- Land acquired by the Secretary of the Interior under subsection (a)(2)(C) shall be added to, and administered as part of, the Las Cienegas National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (c) Surrender of Rights- In addition to the conveyance of the non-Federal land to the United States under this Act, and as a condition of the land exchange, Resolution Copper shall surrender to the United States, without compensation, the rights held by Resolution Copper under the mining laws and other laws of the United States to commercially extract minerals under Apache Leap. SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. (a) Annual Production Reporting- (1) REPORT REQUIRED- As a condition of the land exchange under this Act, Resolution Copper shall submit to the Secretary of the Interior an annual report indicating the quantity of locatable minerals produced during the preceding calendar year in commercial quantities from the Federal land conveyed to Resolution Copper under section 4. The first report is required to be submitted not later than February 15 of the first calendar year beginning after the date of commencement of production of valuable locatable minerals in commercial quantities from such Federal land. The reports shall be submitted February 15 of each calendar year thereafter. (2) SHARING REPORTS WITH STATE- The Secretary shall make each report received under paragraph (1) available to the State. (3) REPORT CONTENTS- The reports under paragraph (1) shall comply with any recordkeeping and reporting requirements prescribed by the Secretary or required by applicable Federal laws in effect at the time of production. (b) Payment on Production- If the cumulative production of valuable locatable minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper under section 4 exceeds the quantity of production of locatable minerals from the Federal land used in the income capitalization approach analysis prepared under section 4(d)(3), Resolution Copper shall pay to the United States, by not later than March 15 of each applicable calendar year, a value adjustment payment for the quantity of excess production at the same rate assumed for the income capitalization approach analysis prepared under section 4(d)(3). (c) State Law Unaffected- Nothing in this section modifies, expands, diminishes, amends, or otherwise affects any State law relating to the imposition, application, timing, or collection of a State excise or severance tax. (d) Use of Funds- (1) SEPARATE FUND- All funds paid to the United States under this section shall be deposited in a special fund established in the Treasury and shall be available, in such amounts as are provided in advance in appropriation Acts, to the Secretary and the Secretary of the Interior only for the purposes authorized by paragraph (2). (2) AUTHORIZED USE- Amounts in the special fund established pursuant to paragraph (1) shall be used for maintenance, repair, and rehabilitation projects for Forest Service and Bureau of Land Management assets. SEC. 7. WITHDRAWAL. Subject to valid existing rights, Apache Leap and any land acquired by the United States under this Act are withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 8. APACHE LEAP. (a) Management- (1) IN GENERAL- The Secretary shall manage Apache Leap to preserve the natural character of Apache Leap and to protect archeological and cultural resources located on Apache Leap. (2) SPECIAL USE PERMITS- The Secretary may issue to Resolution Copper special use permits allowing Resolution Copper to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that the Secretary determines would not disturb the surface of the land, subject to any terms and conditions that the Secretary may require. (3) FENCES; SIGNAGE- The Secretary may allow use of the surface of Apache Leap for installation of fences, signs, monitoring devices, or other measures necessary to protect the health and safety of the public, protect resources located on Apache Leap, or to ensure that activities conducted under paragraph (2) do not affect the surface of Apache Leap. (b) Plan- (1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with affected Indian tribes, the Town, Resolution Copper, and other interested members of the public, shall prepare a management plan for Apache Leap. (2) CONSIDERATIONS- In preparing the plan under paragraph (1), the Secretary shall consider whether additional measures are necessary to-- (A) protect the cultural, archaeological, or historical resources of Apache Leap, including permanent or seasonal closures of all or a portion of Apache Leap; and (B) provide access for recreation. (c) Mining Activities- The provisions of this section shall not impose additional restrictions on mining activities carried out by Resolution Copper adjacent to, or outside of, the Apache Leap area beyond those otherwise applicable to mining activities on privately owned land under Federal, State, and local laws, rules and regulations. SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA. (a) Conveyances- On request from the Town and subject to the provisions of this section, the Secretary shall convey to the Town the following: (1) Approximately 30 acres of land as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Fairview Cemetery' and dated March 2011. (2) The reversionary interest and any reserved mineral interest of the United States in the approximately 265 acres of land located in Pinal County, Arizona, as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Reversionary Interest-Superior Airport' and dated March 2011. (3) The approximately 250 acres of land located in Pinal County, Arizona, as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Superior Airport Contiguous Parcels' and dated March 2011. (b) Payment- The Town shall pay to the Secretary the market value for each parcel of land or interest in land acquired under this section, as determined by appraisals conducted in accordance with section 4(d). (c) Sisk Act- Any payment received by the Secretary from the Town under this section shall be deposited in the fund established under Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (d) Terms and Conditions- The conveyances under this section shall be subject to such terms and conditions as the Secretary may require. SEC. 10. MISCELLANEOUS PROVISIONS. (a) Revocation of Orders; Withdrawal- (1) REVOCATION OF ORDERS- Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the land. (2) WITHDRAWAL- On the date of enactment of this Act, if the Federal land or any Federal interest in the non-Federal land to be exchanged under section 4 is not withdrawn or segregated from entry and appropriation under a public land law (including mining and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the land or interest shall be withdrawn, without further action required by the Secretary concerned, from entry and appropriation. The withdrawal shall be terminated-- (A) on the date of consummation of the land exchange; or (B) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from the land exchange pursuant to section 206(d) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1716(d)). (3) RIGHTS OF RESOLUTION COPPER- Nothing in this Act shall interfere with, limit, or otherwise impair, the unpatented mining claims or rights currently held by Resolution Copper on the Federal land, nor in any way change, diminish, qualify, or otherwise impact Resolution Copper's rights and ability to conduct activities on the Federal land under such unpatented mining claims and the general mining laws of the United States, including the permitting or authorization of such activities. (b) Maps, Estimates, and Descriptions- (1) MINOR ERRORS- The Secretary concerned and Resolution Copper may correct, by mutual agreement, any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act. (2) CONFLICT- If there is a conflict between a map, an acreage estimate, or a description of land in this Act, the map shall control unless the Secretary concerned and Resolution Copper mutually agree otherwise. (3) AVAILABILITY- On the date of enactment of this Act, the Secretary shall file and make available for public inspection in the Office of the Supervisor, Tonto National Forest, each map referred to in this Act.
S.338 Feb-14-13
STATUS: February 14, 2013.--Introduced. February 26, 2013.--Mr. Bennet, Mr. Blumenthal, Mrs. Boxer, Mr. Coons, Mrs. Hagan, Mr. Heinrich, Mr. Johnson, Mr. Merkley, Mrs. Shaheen, Mrs. Stabenow, added as cosponsors. February 27, 2013.--Mr. Murphy added as cosponsor. February 28, 2013.--Mrs. Gillibrand added as cosponsor. March 4, 2013.--Ms. Klobuchar added as cosponsor. March 5, 2013.--Mr. Franken added as cosponsor. March 7, 2013.--Mr. Lautenberg added as cosponsor. March 12, 2013.--Ms. Hirono and Mr. King added as cosponsor. March 18, 2013.--Mr. Harkin and Ms. Warren added as cosponsor. March 22, 2013.--Mr. Schatz added as cosponsor. April 8, 2013.--Mr. Whitehouse added as cosponsor. April 10, 2013.--Mr. Levin added as cosponsor. April 25, 2013.--Ms. Baldwin added as cosponsor. July 23, 2013.--Mr. Casey added as cosponsor. July 29, 2013.--Mr. Schumer added as cosponsor. July 31, 2013.--Ms. Cantwell added as cosponsor. September 26, 2013.--Mr. Cardin added as cosponsor. October 9, 2013.--Mr. Markey added as cosponsor. October 15, 2013.--Mr. Sanders added as cosponsor. November 18, 2013.--Mr. Pryor added as cosponsor. December 16, 2013.--Mr. Manchin added as cosponsor. January 27, 2014.--Mr. Bill Nelson added as cosponsor. March 11, 2014.--Ms. Murray added as cosponsor. March 24, 2014.--Mr. Walsh added as cosponsor. July 31, 2014.--Mr. Kaine added as cosponsor. S.338 Land and Water Conservation Authorization and Funding Act of 2013 (Introduced in Senate - IS) S 338 IS 113th CONGRESS 1st Session S. 338 To amend the Land and Water Conservation Fund Act of 1965 to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund to maximize the effectiveness of the fund for future generations, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. BAUCUS (for himself, Mr. BURR, Mr. WYDEN, Mr. GRAHAM, Mr. UDALL of Colorado, Mr. TESTER, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Land and Water Conservation Fund Act of 1965 to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund to maximize the effectiveness of the fund for future generations, 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 `Land and Water Conservation Authorization and Funding Act of 2013'. SEC. 2. PERMANENT AUTHORIZATION; FULL FUNDING. (a) Purposes- The purposes of the amendments made by subsection (b) are-- (1) to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and (2) to maximize the effectiveness of the fund for future generations. (b) Amendments- (1) PERMANENT AUTHORIZATION- Section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is amended-- (A) in the matter preceding subsection (a), by striking `During the period ending September 30, 2015, there' and inserting `There'; and (B) in subsection (c)(1), by striking `through September 30, 2015'. (2) FULL FUNDING- Section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as follows: `SEC. 3. AVAILABILITY OF FUNDS. `Monies covered into the fund under section 2 shall be available for expenditure to carry out the purposes of this Act, without further appropriation.'. (c) Public Access- Section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: `(d) Public Access- Not less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, and other recreational purposes.'.
S.331 Feb-14-13
STATUS: February 14, 2013: Introduced. S.331 Colonel Charles Young Home Study Act (Introduced in Senate - IS) S 331 IS 113th CONGRESS 1st Session S. 331 To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating the Colonel Charles Young Home in Xenia, Ohio, as a unit of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. BROWN (for himself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating the Colonel Charles Young Home in Xenia, Ohio, as a unit of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Colonel Charles Young Home Study Act'. SEC. 2. FINDINGS. Congress finds that-- (1) Colonel Charles Young was-- (A) a distinguished African-American officer in the United States Army; (B) the third African-American to graduate from West Point; (C) a commander of troops in combat in-- (i) the Spanish-American War; and (ii) the Mexican expedition against Pancho Villa; (D) 1 of the first military attaches in the United States; and (E) a pioneer of techniques in military intelligence; (2) the experience of Colonel Young in the Army between 1884 and 1922 illustrates the changing nature of race relations in the United States during a period spanning from the end of the Civil War to the beginning of the Civil Rights movement; (3) Colonel Young was a friend and associate of other distinguished African-Americans of the period, including poet Paul Laurence Dunbar from nearby Dayton, Ohio; (4) as the commander of an Army unit assigned to protect and develop Sequoia National Park and General Grant National Park in the State of California, Colonel Young is recognized as the first African-American to be the Superintendent of a National Park; and (5) the home of Colonel Young located near Xenia, Ohio, is-- (A) a National Historic Landmark; and (B) closely associated with-- (i) Wilberforce University, a historically Black university at which Colonel Young served as Professor of Military Science; and (ii) Central State University, which is-- (I) a historically Black university; and (II) the location of the National Afro-American Museum and Cultural Center. SEC. 3. SPECIAL RESOURCE STUDY. (a) Study- The Secretary of the Interior (referred to in this Act as the `Secretary'), in consultation with the Secretary of the Army, shall conduct a special resource study of the Colonel Charles Young Home, a National Historic Landmark in Xenia, Ohio (referred to in this Act as the `Home'). (b) Contents- In conducting the study under subsection (a), the Secretary shall-- (1) evaluate any architectural and archeological resources of the Home; (2) determine the suitability and feasibility of designating the Home as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Home by Federal, State, or local governmental entities or private and nonprofit organizations, including the use of shared management agreements with the Dayton Aviation Heritage National Historical Park or specific units of that Park, such as the Paul Laurence Dunbar Home; (4) consult with the Ohio Historical Society, Central State University, Wilberforce University, and other interested Federal, State, or local governmental entities, private and nonprofit organizations, or individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under the study. (c) Applicable Law- The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains-- (1) the results of the study under subsection (a); and (2) any conclusions and recommendations of the Secretary.
S.327 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing by subcommittee on Public Lands, Forests, and Mining. June 18, 2013: Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably June 26, 2013.--Mr. Risch added as cosponsor. July 9, 2013.--Mr. Crapo added as cosponsor. September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-97. September 10, 2013.--Placed on Senate Legislative Calendar under General Orders. [Calendar No. 175]. S.327 Good Neighbor Forestry Act (Introduced in Senate - IS) S 327 IS 113th CONGRESS1st SessionS. 327 To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. BARRASSO (for himself, Mr. ENZI, Mr. HATCH, Mr. LEE, Mr. JOHNSON of South Dakota, Mr. THUNE, 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 authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. 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 `Good Neighbor Forestry Act'. SEC. 2. DEFINITIONS. In this Act: (1) ELIGIBLE STATE- The term `eligible State' means a State that contains National Forest System land or Bureau of Land Management land located west of the 100th meridian. (2) SECRETARY- The term `Secretary' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (3) STATE FORESTER- The term `State forester' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. SEC. 3. COOPERATIVE AGREEMENTS AND CONTRACTS. (a) In General- The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (b) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State. (b) Authorized Services- The forest, rangeland, and watershed restoration and protection services referred to in subsection (a) include the conduct of-- (1) activities to treat insect-infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (c) State as Agent- Except as provided in subsection (f), a cooperative agreement or contract entered into under subsection (a) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (a). (d) Subcontracts- In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (a). (e) Timber Sales- Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a). (f) Retention of NEPA Responsibilities- Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (g) Applicable Law- The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable.
H.Res.316 Feb-13-13
STATUS: January 18, 2013.--Introduced in House February 13, 2013.--Received in Senate. April 16, 2013.--Subcommittee on Water and Power hearing held. May 16, 2013.--Full committee business meeting; Ordered to be reported with an amendment in the nature of a substitute favorably. June 27, 2013.--Reported to Senate with an amendment in the nature of a substitute. S. Rept 113-69. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 123]. June 25, 2014.--Bill presented to President June 30, 2014.--Signed by President. June 30, 2014.-- Became Public Law No: 113-122 H.R.316 Collinsville Renewable Energy Promotion Act (Referred in Senate - RFS) HR 316 RFS 113th CONGRESS1st Session H. R. 316IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To reinstate and transfer certain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric 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 `Collinsville Renewable Energy Promotion Act'. SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF PROJECTS. Subject to section 4 of this Act and notwithstanding the time period under section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory Commission projects numbered 10822 and 10823, the Federal Energy Regulatory Commission (referred to in this Act as the `Commission') may-- (1) reinstate the license for either or each of those projects; and (2) extend for 2 years after the date on which either or each project is reinstated under paragraph (1) the time period during which the licensee is required to commence the construction of such projects. Prior to reaching any final decision under this section, the Commission shall provide an opportunity for submission of comments by interested persons, municipalities, and States and shall consider any such comment that is timely submitted. SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, CONNECTICUT. Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or any other provision thereof, if the Commission reinstates the license for, and extends the time period during which the licensee is required to commence the construction of, a Federal Energy Regulatory Commission project under section 2, the Commission shall transfer such license to the town of Canton, Connecticut. SEC. 4. ENVIRONMENTAL ASSESSMENT. (a) Definition- For purposes of this section, the term `environmental assessment' shall have the same meaning as is given such term in regulations prescribed by the Council on Environmental Quality that implement the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Environmental Assessment- Not later than 180 days after the date of enactment of this Act, the Commission shall complete an environmental assessment for Federal Energy Regulatory Commission projects numbered 10822 and 10823, updating, to the extent necessary, the environmental analysis performed during the process of licensing such projects. (c) Comment Period- Upon issuance of the environmental assessment required under subsection (b), the Commission shall-- (1) initiate a 30-day public comment period; and (2) before taking any action under section 2 or 3-- (A) consider any comments received during such 30-day period; and (B) incorporate in the license for the projects involved, such terms and conditions as the Commission determines to be necessary, based on the environmental assessment performed and comments received under this section. SEC. 5. DEADLINE. Not later than 270 days after the date of enactment of this Act, the Commission shall-- (1) make a final decision pursuant to paragraph (1) of section 2; and (2) if the Commission decides to reinstate one or both of the licenses under such paragraph and extend the corresponding deadline for commencement of construction under paragraph (2) of such section, complete the action required under section 3. SEC. 6. PROTECTION OF EXISTING RIGHTS. Nothing in this Act shall affect any valid license issued by the Commission under section 4 of the Federal Power Act (16 U.S.C. 797) on or before the date of enactment of this Act or diminish or extinguish any existing rights under any such license. Passed the House of Representatives February 12, 2013. Attest: KAREN L. HAAS, Clerk.
S.312 Feb-13-13
STATUS: February 13, 2013: Introduced. April 25, 2013: Hearing by subcommittee on Public Lands, Forests and Mining. May 16, 2013: Reported to the Senate without amendment favorably. June 27, 2013.--Reported to Senate without an amendment. S. Rept. 113-58. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 112]. S.312 Carson National Forest Boundary Adjustment Act of 2013 (Introduced in Senate - IS) S 312 IS 113th CONGRESS1st SessionS. 312 To adjust the boundary of the Carson National Forest, New Mexico. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To adjust the boundary of the Carson National Forest, New Mexico. 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 `Carson National Forest Boundary Adjustment Act of 2013'. SEC. 2. CARSON NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In General- The boundary of the Carson National Forest in the State of New Mexico is adjusted to incorporate the approximately 4,990 acres of land generally depicted as `Miranda Canyon Boundary' on the map entitled `Carson National Forest Boundary Adjustment' and dated September 21, 2010. (b) Land and Water Conservation Fund- For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundaries of the Carson National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Carson National Forest as in existence on January 1, 1965.
S.311 Feb-13-13
STATUS: February 13, 2013: Introduced March 14, 2013: Full committee business meeting ordered reported with amendment. (voice vote) April 22, 2013: Reported to the Senate with an amendment. S. Rept. 113-26 April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 57] July 9, 2014.--Passed Senate with amendments by Unanimous Consent. S.AMDT. 3528 July 10, 2014.--Referred to House Committee on Natural Resources. July 29, 2014.--Subcommittee hearing held. July 30, 2014.--Committee Consideration and Mark-up Session Held. July 30, 2014.--Ordered to be reported by Unanimous Consent. S.311 Lower Mississippi River Area Study Act (Reported in Senate - RS) S 311 RS Calendar No. 57113th CONGRESS1st SessionS. 311[Report No. 113-26] To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Ms. LANDRIEU introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 22, 2013 Reported by Mr. WYDEN, with an amendment [Omit the part struck through]A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Lower Mississippi River Area Study Act'. SEC. 2. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) STUDY AREA- The term `study area' includes Fort St. Philip, Fort Jackson, the Head of Passes, and any related and supporting historical, cultural, and recreational resources located in Plaquemines Parish, Louisiana. SEC. 3. STUDY. (a) In General- Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the State of Louisiana and other interested organizations, shall complete a special resource study that evaluates-- (1) the national significance of the study area; and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Criteria- In conducting the study under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System in section 8(c) of National Park System General Authorities Act (16 U.S.C. 1a-5(c)). (c) Content- The study described in subsection (a) shall-- (1) include cost estimates for the potential acquisition, development, operation, and maintenance of the study area; and (2) identify alternatives for the management, administration, and protection of the study area. SEC. 4. DONATIONS. The Secretary may accept the donation of funds to carry out this Act. [Struck out->] SEC. 5. AUTHORIZATION OF APPROPRIATION. [<-Struck out] [Struck out->] There are authorized to be appropriated such sums as are necessary to carry out this Act. [<-Struck out] Calendar No. 57 113th CONGRESS1st SessionS. 311[Report No. 113-26]A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. April 22, 2013Reported with an amendment
S.306 Feb-13-13
STATUS: February 13, 2013.--Introduced. April 16, 2013.--Senator Flake added as cosponsor. April 23, 2013.--Hearing by full committee business meeting. May 13, 201.--Reported to the Senate with an amendment in the nature of a substitute. Without written report. May 13, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 68] June 3, 2013.--Filed written report to Senate. S. Rept. 113-35. S.306 Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act (Reported in Senate - RS) S 306 RS Calendar No. 68113th CONGRESS1st SessionS. 306 To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Mr. BARRASSO (for himself, Mr. RISCH, Mr. ENZI, Mr. CRAPO, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 13, 2013 Reported by Mr. WYDEN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic]A BILL To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Struck out->] SECTION 1. SHORT TITLE. [<-Struck out] [Struck out->] This Act may be cited as the `Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act'. [<-Struck out] [Struck out->] SEC. 2. AUTHORIZATION. [<-Struck out] [Struck out->] Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended-- [<-Struck out] [Struck out->] (1) by striking `The Secretary is authorized to enter into contracts to furnish water' and inserting the following: [<-Struck out] [Struck out->] `(1) The Secretary is authorized to enter into contracts to furnish water'; [<-Struck out] [Struck out->] (2) by striking `(1) shall' and inserting `(A) shall'; [<-Struck out] [Struck out->] (3) by striking `(2) shall' and inserting `(B) shall'; [<-Struck out] [Struck out->] (4) by striking `respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects' and inserting `respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development'; and [<-Struck out] [Struck out->] (5) by adding at the end the following: [<-Struck out] [Struck out->] `(2) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred work, or to the irrigation district or water users association receiving water from the applicable reserved work. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer. [<-Struck out] [Struck out->] `(3) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to small conduit hydropower development, excluding siting of associated transmission on Federal lands, under this subsection. [<-Struck out] [Struck out->] `(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower activities conducted under this subsection. [<-Struck out] [Struck out->] `(5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. [<-Struck out] [Struck out->] `(6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved, and shall be on such terms and conditions as in the judgment of the Secretary in consultation with the appropriate irrigation district or water users association, will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. [<-Struck out] [Struck out->] `(7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. [<-Struck out] [Struck out->] `(8) In this subsection: [<-Struck out] [Struck out->] `(A) CONDUIT- The term `conduit' means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. [<-Struck out] [Struck out->] `(B) IRRIGATION DISTRICT- The term `irrigation district' means any irrigation, water conservation, multicounty water conservation district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. [<-Struck out] [Struck out->] `(C) RESERVED WORK- The term `reserved work' means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. [<-Struck out] [Struck out->] `(D) TRANSFERRED WORK- The term `transferred work' means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. [<-Struck out] [Struck out->] `(E) SMALL CONDUIT HYDROPOWER- The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.'. [<-Struck out] SECTION 1. SHORT TITLE. This Act may be cited as the `Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act'. SEC. 2. AUTHORIZATION. Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended-- (1) by striking `The Secretary is authorized to enter into contracts to furnish water' and inserting the following: `(1) The Secretary is authorized to enter into contracts to furnish water'; (2) by striking `(1) shall' and inserting `(A) shall'; (3) by striking `(2) shall' and inserting `(B) shall'; (4) by striking `respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects' and inserting `respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development'; and (5) by adding at the end the following: `(2)(A) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer for a small conduit hydropower project. `(B) If the irrigation district or water users association elects not accept a lease of power privilege offer under subparagraph (A), the Secretary shall offer the lease of power privilege to other parties in accordance with this subsection. `(3) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this subsection, excluding siting of associated transmission facilities on Federal lands. `(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted under this subsection. `(5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. `(6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or water users association operating the transferred conduit before offering the lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. `(7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. `(8) Nothing in this subsection shall alter or affect any existing preliminary permit, license, or exemption issued by the Federal Energy Regulatory Commission under Part I of the Federal Power Act (16 U.S.C. 792 et seq.) or any project for which an application has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act. `(9) In this subsection: `(A) CONDUIT- The term `conduit' means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. `(B) IRRIGATION DISTRICT- The term `irrigation district' means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. `(C) RESERVED CONDUIT- The term `reserved conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. `(D) TRANSFERRED CONDUIT- The term `transferred conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. `(E) SMALL CONDUIT HYDROPOWER- The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.'. Calendar No. 68 113th CONGRESS1st SessionS. 306A BILL To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. May 13, 2013Reported with an amendment
S.305 Feb-13-13
STATUS: February 13, 2013.--Introduced. April 23, 2013.--Hearing by subcommittee on National Parks. May 16, 2013.--Full committee business meeting; ordered reported with amendments favorably. June 27, 2013.--Reported to Senate with amendments. S. Rept. 113-57. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 111]. S.305 Champion Hill, Port Gibson, and Raymond Battlefields Addition Act (Introduced in Senate - IS) S 305 IS 113th CONGRESS1st SessionS. 305 To authorize the acquisition of core battlefield land at Champion Hill, Port Gibson, and Raymond for addition to Vicksburg National Military Park. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Mr. COCHRAN (for himself and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the acquisition of core battlefield land at Champion Hill, Port Gibson, and Raymond for addition to Vicksburg National Military Park. 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 `Champion Hill, Port Gibson, and Raymond Battlefields Addition Act'. SEC. 2. VICKSBURG NATIONAL MILITARY PARK. (a) Acquisition of Land- (1) IN GENERAL- The Secretary of the Interior (referred to in this Act as the `Secretary') may acquire the land or any interests in land within the area identified as `Modified Core Battlefield' for the Port Gibson Unit, the Champion Hill Unit, and the Raymond Unit as generally depicted on the map entitled `Vicksburg National Military Park--Proposed Battlefield Additions', numbered 306/100986, and dated October 2010. (2) METHODS OF ACQUISITION- Land may be acquired under paragraph (1) by donation, purchase with donated or appropriated funds, or exchange, except that land owned by the State of Mississippi or any political subdivisions of the State may be acquired only by donation. (b) Availability of Map- The map described in subsection (a)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Boundary Adjustment- On the acquisition of land by the Secretary under this Act-- (1) the acquired land shall be added to Vicksburg National Military Park; (2) the boundary of the Vicksburg National Military Park shall be adjusted to reflect the acquisition of the land; and (3) the acquired land shall be administered as part of the Vicksburg National Military Park in accordance with applicable laws (including regulations). (d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this Act.
S.304 Feb-13-13
STATUS: February 13, 2013.--Introduced March 14, 2013.--Full committee business meeting; ordered reported without amendment. (voice vote) April 22, 2013.--Reported to the Senate without amendment. S. Rept. 113-25 April 22, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 56] June 19, 2013.--Passed Senate without amendment by Unanimous Consent. June 20, 2013.--Referred to the House Committee on Natural Resources. July 17, 2013.--House Subcommittee hearing held. September 10, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-191. September 10, 2013.--Passed in House. September 18, 2013.--Approved. Public Law No: 113-35 S.304 Natchez Trace Parkway Land Conveyance Act of 2013 (Reported in Senate - RS) S 304 RS Calendar No. 56113th CONGRESS1st SessionS. 304[Report No. 113-25] To direct the Secretary of the Interior to convey to the State of Mississippi 2 parcels of surplus land within the boundary of the Natchez Trace Parkway, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Mr. COCHRAN (for himself and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 22, 2013 Reported by Mr. WYDEN, without amendment A BILL To direct the Secretary of the Interior to convey to the State of Mississippi 2 parcels of surplus land within the boundary of the Natchez Trace Parkway, 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 `Natchez Trace Parkway Land Conveyance Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Natchez Trace Parkway, Proposed Boundary Change', numbered 604/105392, and dated November 2010. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) STATE- The term `State' means the State of Mississippi. SEC. 3. LAND CONVEYANCE. (a) Conveyance Authority- (1) IN GENERAL- Subject to paragraph (2), the Secretary shall convey to the State, by quitclaim deed and without consideration, all right, title, and interest of the United States in and to the parcels of land described in subsection (b). (2) COMPATIBLE USE- The deed of conveyance to the parcel of land that is located southeast of U.S. Route 61/84 and which is commonly known as the `bean field property' shall reserve an easement to the United States restricting the use of the parcel to only those uses which are compatible with the Natchez Trace Parkway. (b) Description of Land- The parcels of land referred to in subsection (a) are the 2 parcels totaling approximately 67 acres generally depicted as `Proposed Conveyance' on the map. (c) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 4. BOUNDARY ADJUSTMENTS. (a) Exclusion of Conveyed Land- On completion of the conveyance to the State of the land described in section 3(b), the boundary of the Natchez Trace Parkway shall be adjusted to exclude the conveyed land. (b) Inclusion of Additional Land- (1) IN GENERAL- Effective on the date of enactment of this Act, the boundary of the Natchez Trace Parkway is adjusted to include the approximately 10 acres of land that is generally depicted as `Proposed Addition' on the map. (2) ADMINISTRATION- The land added under paragraph (1) shall be administered by the Secretary as part of the Natchez Trace Parkway. Calendar No. 56 113th CONGRESS1st SessionS. 304[Report No. 113-25]A BILL To direct the Secretary of the Interior to convey to the State of Mississippi 2 parcels of surplus land within the boundary of the Natchez Trace Parkway, and for other purposes. April 22, 2013Reported without amendment