Committee Legislation

Bill Introduced Description
S.2608 Jul-15-14
STATUS: July 15, 2014.--Introduced. July 17, 2014.--Mr. Scott and Mr. Vitter added as cosponsors. S.2608 Improved National Monument Designation Process Act (Introduced in Senate - IS) S 2608 IS 113th CONGRESS2d SessionS. 2608 To provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for the declaration of marine national monuments, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 15, 2014 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for the declaration of marine national monuments, 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 `Improved National Monument Designation Process Act'. SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. The Act of June 8, 1906 (commonly known as the `Antiquities Act of 1906') (16 U.S.C. 431 et seq.), is amended-- (1) in section 2 (16 U.S.C. 431)-- (A) by striking `sec. 2. That the President is hereby authorized, in his discretion to' and inserting the following: `SEC. 2. DESIGNATION OF NATIONAL MONUMENTS. `(a) In General- After obtaining congressional approval of the proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the proposed national monument and subject to subsection (b), the President may'; and (B) by adding at the end the following: `(b) Requirements for Declaration of Marine National Monuments- `(1) DEFINITION OF EXCLUSIVE ECONOMIC ZONE- In this subsection, the term `exclusive economic zone' means the zone established by Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note). `(2) REQUIREMENTS- The President may not declare any area of the exclusive economic zone to be a national monument unless-- `(A) the declaration is specifically authorized by an Act of Congress; `(B) the President has submitted to the Governor of each State and each territory, any part of which is located within 100 nautical miles of the proposed national monument, a proposal to make the declaration; `(C) the Governor of each State and territory described in subparagraph (B) submits to the President notice that the legislature of the State or territory has approved the proposal submitted under that paragraph; and `(D) the declaration is substantially the same as the proposal submitted under subparagraph (B).'; and (2) by adding at the end the following: `SEC. 5. RESTRICTIONS ON PUBLIC USE. `The Secretary of the Interior, or the Secretary of Commerce, with respect to any area of the exclusive economic zone (as defined in section 2(b)(1)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary of the Interior or the Secretary of Commerce, as applicable) providing for public input and congressional approval.'.
S.2602 Jul-15-14
STATUS: July 15, 2014.--Introduced July 23, 2014.--Hearing by subcommittee. (56) S.2602 Mountains to Sound Greenway National Heritage Area Act (Introduced in Senate - IS) S 2602 IS 113th CONGRESS2d SessionS. 2602 To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington. IN THE SENATE OF THE UNITED STATESJuly 15, 2014 Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Mountains to Sound Greenway National Heritage Area in the State of Washington. 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 `Mountains to Sound Greenway National Heritage Area Act'. SEC. 2. FINDINGS. Congress finds that-- (1) the Mountains to Sound Greenway-- (A) is a nationally important historical transportation corridor in which native travel routes, pioneer wagon roads, transcontinental railroads, original State highways, and modern interstates are layered into a historical and cultural mosaic that were important in opening the Northwest region of the United States to commerce, transport, settlement, and recreation; (B) remains a crucial transcontinental link within the United States; (C) has a unique and nationally important heritage of outdoor recreation and natural resource conservation; and (D) is a large, iconic, populated area of the United States, exemplified by-- (i) hundreds of thousands of acres of forests and fields that are-- (I) managed by the Federal Government and State, local, and tribal governments; and (II) in close proximity to a major metropolitan area; (ii) an outstanding array of accessible natural land, which is highlighted by-- (I) the Alpine Lakes Wilderness Area; (II) the forests of the Teanaway River basin; and (III) the towering Douglas firs of the Issaquah Alps; (iii) dynamic and engaging cultural opportunities, including hundreds of museums, environmental education centers, interpretive trails, festivals, and community centers; (iv) vibrant cities, extensive outdoor recreation, and globally competitive businesses established and thriving in the area; and (v) strong local citizen involvement and collaboration; and (2) the community of Mountains to Sound Greenway has many great stories to share, including stories of-- (A) Indian tribes from time immemorial; (B) travel and transport in the West, including footpaths used for trading, transcontinental railroads, and the present-day Mountains to Sound Greenway I-90 National Scenic Byway; (C) settlement and commerce in the Northwest, including the coal mining communities of Roslyn and Newcastle, the railroad communities of Cle Elum and South Cle Elum, the timber communities of Snoqualmie and North Bend, and the agricultural communities of Ellensburg and Carnation; (D) extensive rural working farms and forests of the Snoqualmie and Yakima River valleys and the Cascade foothills; and (E) a strong interrelationship between built and natural environments that strengthens economies and communities. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to recognize the national importance of the natural, historical, and cultural legacies of the Heritage Area, as demonstrated in-- (A) the study entitled `Mountains to Sound Greenway National Heritage Area Feasibility Study' and dated April 2012; and (B) the document entitled `National Heritage Area Feasibility Study Addendum' and dated March 2014; (2) to recognize the nationally important role of the Heritage Area as a historical transportation corridor that continues to link the Puget Sound region to the rest of the United States; (3) to recognize the national heritage of the timber and outdoor recreation industries that have developed from the transportation corridor; (4) to recognize the heritage of natural resource conservation in the Pacific Northwest and in the Mountains to Sound Greenway; (5) to conserve, enhance, and interpret the legacy of natural resource conservation and community stewardship, which has been passed from generation to generation within the Heritage Area; (6) to promote heritage, cultural, and recreational tourism; (7) to develop educational and cultural programs for visitors and the general public; (8) to recognize and interpret important events and geographic locations representing key developments in the establishment of the United States, particularly the settlement of the West and the stories of diverse ethnic groups, including members of Indian tribes and others; (9) to enhance a cooperative management framework to assist the Federal Government, State, local, and tribal governments, the private sector, and citizens residing in the Heritage Area in conserving, supporting, managing, enhancing, and interpreting the significant historical, cultural, natural, and recreational sites in the Heritage Area; (10) to recognize and interpret the relationship between land and people, which are broad ideals of the United States demonstrated through the integrity of existing resources within the Heritage Area; and (11) to support working relationships between public land managers and the community by creating relevant linkages between the National Park Service, the Forest Service, other relevant Federal agencies, Indian tribes, State and local governments and agencies, and community stakeholders within and surrounding the Heritage Area, in order to conserve, enhance, and interpret cultural and natural resources within the Heritage Area. SEC. 4. DEFINITIONS. In this Act: (1) HERITAGE AREA- The term `Heritage Area' means the Mountains to Sound Greenway National Heritage Area established by section 5(a). (2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by section 5(d). (3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area required under section 6. (4) MAP- The term `map' means the map entitled `Mountains to Sound Greenway National Heritage Area', numbered 1, and dated January 31, 2011. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of Washington. (7) TRIBAL- The term `tribal' means each of the tribal government of the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian tribes. SEC. 5. DESIGNATION OF THE MOUNTAINS TO SOUND GREENWAY NATIONAL HERITAGE AREA. (a) Establishment- There is established in the State the Mountains to Sound Greenway National Heritage Area. (b) Boundaries- The Heritage Area shall consist of the approximately 1,550,000 acres of land and interests in land located in King and Kittitas counties in the State, as generally depicted on the map, including-- (1) the land within the Yakima River Basin upstream of Manastash Creek in Kittitas county, including the Manastash and Teanaway drainages and the cities of Ellensburg, Roslyn, Cle Elum and South Cle Elum; and (2) the land in the Snoqualmie River, Cedar River, and Lake Washington watersheds and the Puget Sound nearshore watersheds in the cities of Seattle, Shoreline, and 22 additional cities in King County. (c) Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the Forest Service, and the local coordinating entity. (d) Local Coordinating Entity- (1) IN GENERAL- The Mountains to Sound Greenway Trust, a nonprofit corporation recognized by the Federal Government as being organized for charitable purposes in the State, is designated as the local coordinating entity for the Heritage Area-- (A) to facilitate, in partnership with Federal, State, and local partners, the development of the management plan for the Heritage Area; and (B) to act as a catalyst for the implementation of projects and programs among diverse partners in the Heritage Area. (2) DUTIES- To further the purposes of the Heritage Area, the local coordinating entity shall-- (A) prepare and submit a management plan for the Heritage Area to the Secretary, in accordance with section 6; (B) facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (C) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area; (D) every 5 years after the date on which the Secretary has approved the management plan, submit to the Secretary a report that describes-- (i) the specific performance goals and accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) significant grants or contracts made by the local coordinating entity to any other entities during the 5-year period; (E) make available for audit by the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act-- (i) information pertaining to the expenditure of the Federal funds received under this Act; and (ii) any funds matched to Federal funds received under this Act; and (F) consult with the Forest Service, National Park Service, the Governor of the State, and the Washington State Commissioner of Public Lands. (3) AUTHORITIES- To further the purposes of the Heritage Area, the local coordinating entity may-- (A) make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area; (B) enter into cooperative agreements with, or provide technical assistance to, political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (C) hire and compensate staff, including individuals with expertise in-- (i) natural, historical, cultural, educational, scenic, and recreational resource conservation; (ii) economic and community development; and (iii) heritage and interpretive planning; (D) obtain funds or services from any source, including Federal programs; (E) contract for goods or services; and (F) support activities that-- (i) further the purposes of the Heritage Area; and (ii) are consistent with the approved management plan. (4) PROHIBITION ON ACQUISITION OF REAL PROPERTY- The local coordinating entity may not acquire land or interests in land through condemnation. SEC. 6. MANAGEMENT PLAN. (a) In General- Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements- The management plan shall-- (1) incorporate an integrated and cooperative approach for the conservation, enhancement, management, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Heritage Area; (2) take into consideration plans of the Federal Government and State, tribal, and local governments; (3) include-- (A) an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area that relate to the national importance and themes of the Heritage Area that should be conserved and enhanced; (B) a description of strategies and recommendations for the conservation, funding, management, and development of the Heritage Area; (C) a history of-- (i) the Mountains to Sound Greenway; and (ii) the Mountains to Sound Greenway Trust, including the role of the Trust in encouraging stewardship of the Heritage Area by Federal, State, tribal, and local institutions and private organizations; (D) a description of actions Federal, State, tribal, local, and private partners have agreed to take to conserve, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (E) a program of implementation for the management plan by the local coordinating entity, including-- (i) performance goals; and (ii) commitments for implementation made by partners; (F) the identification of sources of funding and economic development strategies for carrying out the management plan; (G) an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated to carry out this Act; (H) an interpretive plan for the Heritage Area; (I) recommended policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (J) a definition of the roles of the National Park Service, the Forest Service, and other Federal agencies in the coordination of the Heritage Area and in otherwise furthering the purposes of this Act; and (K) in consultation with the National Park Service and the Forest Service, a plan to share with other communities and interested parties the expertise of the coordinating entity in-- (i) reconnecting the people of the United States, with a special emphasis on children, to the outdoors; (ii) promoting community-based recreation and conservation; and (iii) advancing volunteer opportunities in conservation and outdoor recreation. (c) Deadline- If the local coordinating entity does not submit a proposed management plan to the Secretary by the date that is 3 years after the date on which the local coordinating receives funding under this Act, the local coordinating entity shall be ineligible to receive additional funding under this Act until the date on which the Secretary receives and approves the management plan. (d) Approval of Management Plan- (1) REVIEW- Not later than 180 days after the date of receipt of the management plan, the Secretary shall review and, in consultation with the Secretary of Agriculture, approve or disapprove the management plan on the basis of the criteria established under paragraph (2). (2) CRITERIA FOR APPROVAL- In determining whether to approve a management plan for a Heritage Area, the Secretary shall consider whether-- (A) the local coordinating entity represents the diverse interests of the Heritage Area, including Federal, State, tribal, and local governments, natural and historical resource protection organizations, educational institutions, businesses, recreational organizations, community members, and private property owners; (B) the local coordinating entity-- (i) has afforded adequate opportunity for the public and the involvement of the Federal Government and State, tribal, and local governments in the preparation of the management plan; and (ii) provides for at least annual public meetings to ensure adequate implementation of the management plan; (C) the resource conservation, enhancement, interpretation, funding, and management strategies described in the management plan, if implemented, would adequately conserve, enhance, interpret, fund, manage, and otherwise provide for the enjoyment and understanding of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (D) the management plan would not adversely affect any activities on Federal land authorized under public land laws or land use plans; (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the management plan; (F) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials, the support of which is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; (G) the management plan demonstrates partnerships among the local coordinating entity, the Federal Government, State, tribal, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (H) the management plan is consistent with this Act. (e) Disapproval- (1) IN GENERAL- If the Secretary disapproves the management plan, the Secretary shall-- (A) advise the local coordinating entity in writing of the reasons for the disapproval; and (B) make recommendations to the local coordinating entity for revisions to the management plan. (2) DEADLINE- Not later than 180 days after receiving a revised management plan under this subsection, the Secretary shall approve or disapprove the revised management plan. (f) Amendments- (1) IN GENERAL- An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (2) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment. (g) Authorities- The Secretary and the Secretary of Agriculture may-- (1) provide technical assistance under this Act for the implementation of the management plan; and (2) enter into cooperative agreements with the local coordinating entity, State and local agencies, and other interested parties to carry out this Act, including cooperation and cost sharing, as appropriate, to provide more cost-effective and coordinated public land management. SEC. 7. EVALUATION; REPORTING. (a) In General- Not later than 15 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area, in accordance with subsection (b); and (2) prepare and submit a report, in accordance with subsection (c). (b) Evaluation Requirements- An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report- Based on the evaluation conducted under subsection (a)(1), 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-- (1) shall include recommendations for the future role of the National Park Service with respect to the Heritage Area; and (2) may include recommendations by the Secretary of Agriculture for the future role of the Forest Service with respect to the Heritage Area. SEC. 8. 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- To the maximum extent practicable, any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the local coordinating entity. (c) Other Federal Agencies- Nothing in this Act-- (1) modifies, alters, or amends any law (including regulations) 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 Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 9. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right of a property owner to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner-- (A) to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner; or (B) 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 (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads or associated developments) of any Federal, State, tribal, or local unit of government or local agency; (4) conveys any land unit of government or agency use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (5) alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe within the Heritage Area; (6) authorizes or implies the reservation or appropriation of water or water rights; (7) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (8) creates any liability, or affects any liability under any other law, of any private property owner. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations- Subject to section 6(c) and subsection (b), there is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year, to remain available until expended. (b) Limitations on Total Amounts Appropriated- A total of not more than $15,000,000 may be appropriated to carry out this Act. (c) Cost-Sharing Requirement- (1) IN GENERAL- The Federal share of the total cost of the activities carried out under this Act shall be not more than 50 percent. (2) NON-FEDERAL SHARE- The non-Federal share of the cost of activities carried out under this Act may be in the form of in-kind contributions of goods or services fairly valued. (d) Use of Federal Funds From Other Sources- Nothing in this Act precludes the local coordinating entity from using Federal funds available under other laws for the purposes for which the funds were authorized.
S.2595 Jul-10-14
STATUS: July 10, 2014.--Introduced. S.2595 North Country National Scenic Trail Route Adjustment Act (Introduced in Senate - IS) S 2595 IS 113th CONGRESS2d SessionS. 2595 To revise the authorized route of the North Country National Scenic Trail in northeastern Minnesota and to extend the trail into Vermont to connect with the Appalachian National Scenic Trail, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 10, 2014 Ms. KLOBUCHAR (for herself, Mr. LEAHY, Mr. LEVIN, Ms. STABENOW, Mr. SANDERS, Mr. FRANKEN, Mrs. GILLIBRAND, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To revise the authorized route of the North Country National Scenic Trail in northeastern Minnesota and to extend the trail into Vermont to connect with the Appalachian National Scenic Trail, 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 `North Country National Scenic Trail Route Adjustment Act'. SEC. 2. ROUTE ADJUSTMENT. Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the first sentence-- (1) by striking `thirty two hundred miles, extending from eastern New York State' and inserting `4,600 miles, extending from the Appalachian Trail in Vermont'; and (2) by striking `Proposed North Country Trail' and all that follows through `June 1975.' and inserting `North Country National Scenic Trail, Authorized Route' dated February 2014, and numbered 649/116870.'.
S.2593 Jul-10-14
STATUS: July 10, 2014.--Introduced. July 17, 2014.--Mr. Enzi added as cosponsor. August 1, 2014.--Mr. Heller added as cosponsor. S.2593 FLAME Act Amendments Act of 2014 (Introduced in Senate - IS) S 2593 IS 113th CONGRESS2d SessionS. 2593 To amend the FLAME Act of 2009 to provide for additional wildfire suppression activities, to provide for the conduct of certain forest treatment projects, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 10, 2014 Mr. MCCAIN (for himself, Mr. BARRASSO, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the FLAME Act of 2009 to provide for additional wildfire suppression activities, to provide for the conduct of certain forest treatment projects, 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 `FLAME Act Amendments Act of 2014'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FLAME ACT AMENDMENTS Sec. 101. Findings. Sec. 102. FLAME Act amendments. Sec. 103. Wildfire disaster funding authority. TITLE II--FOREST TREATMENT PROJECTS Sec. 201. Definitions. Sec. 202. Projects in Forest Management Emphasis Areas. Sec. 203. Administrative review; arbitration. Sec. 204. Distribution of revenue. Sec. 205. Performance measures; reporting. Sec. 206. Termination. TITLE III--FOREST STEWARDSHIP CONTRACTING Sec. 301. Cancellation ceilings. TITLE I--FLAME ACT AMENDMENTS SEC. 101. FINDINGS. Congress finds that-- (1) over the past 2 decades, wildfires have increased dramatically in size and costs; (2) existing budget mechanisms for estimating the costs of wildfire suppression are not keeping pace with the actual costs for wildfire suppression due in part to improper budget estimation methodology; (3) the FLAME Funds have not been adequate in supplementing wildland fire management funds in cases in which wildland fire management accounts are exhausted; and (4) the practice of transferring funds from other agency funds (including the hazardous fuels treatment accounts) by the Secretary of Agriculture or the Secretary of the Interior to pay for wildfire suppression activities, commonly known as `fire-borrowing', does not support the missions of the Forest Service and the Department of the Interior with respect to protecting human life and property from the threat of wildfires. SEC. 102. FLAME ACT AMENDMENTS. (a) Funding- Section 502(d) of the FLAME Act of 2009 (43 U.S.C. 1748a(d)) is amended-- (1) in paragraph (1)-- (A) by striking `shall consist of' and all that follows through `appropriated to' in subparagraph (A) and inserting `shall consist of such amounts as are appropriated to'; and (B) by striking subparagraph (B); and (2) by striking paragraphs (4) and (5). (b) Use of Flame Fund- Section 502(e) of the FLAME Act of 2009 (43 U.S.C. 1748a(e)) is amended by striking paragraphs (1) and (2) and inserting the following: `(1) IN GENERAL- Amounts appropriated to a FLAME Fund, in accordance with section 251(b)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(b)(2)(E)), shall be available to the Secretary concerned for wildfire suppression operations if the Secretary concerned issues a declaration and notifies the relevant congressional committees that a wildfire suppression event is eligible for funding from the FLAME Fund. `(2) DECLARATION CRITERIA- A declaration by the Secretary concerned under paragraph (1) may be issued only if-- `(A) an individual wildfire incident meets the objective indicators of an extraordinary wildfire situation, including-- `(i) a wildfire that the Secretary concerned determines has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or a resource; `(ii) a wildfire that covers 1,000 or more acres; or `(iii) a wildfire that is within 10 miles of an urbanized area (as defined in section 134(b) of title 23, United States Code); or `(B) the cumulative costs of wildfire suppression and Federal emergency response activities, as determined by the Secretary concerned, would exceed, within 30 days, all of the amounts otherwise previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response.'. (c) Treatment of Anticipated and Predicted Activities- Section 502(f) of the FLAME Act of 2009 (43 U.S.C. 1748a(f)) is amended by striking `(e)(2)(B)(i)' and inserting `(e)(2)(A)'. (d) Prohibition on Other Transfers- Section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) is amended by striking subsection (g) and inserting the following: `(g) Prohibition on Other Transfers- The Secretary concerned shall not transfer funds provided for activities other than wildfire suppression operations to pay for any wildfire suppression operations.'. (e) Accounting and Reports- Section 502(h) of the FLAME Act of 2009 (43 U.S.C. 1748a(h)) is amended by striking paragraphs (2) and (3) and inserting the following: `(2) ESTIMATES OF WILDFIRE SUPPRESSION OPERATIONS COSTS TO IMPROVE BUDGETING AND FUNDING- `(A) BUDGET SUBMISSION- Consistent with section 1105(a) of title 31, United States Code, the President shall include in each budget for the Department of Agriculture and the Department of the Interior information on estimates of appropriations for wildfire suppression costs based on an out-year forecast that uses a statistically valid regression model. `(B) REQUIREMENTS- The estimate of anticipated wildfire suppression costs under subparagraph (A) shall be developed using the best available-- `(i) climate, weather, and other relevant data; and `(ii) models and other analytic tools. `(C) INDEPENDENT REVIEW- The methodology for developing the estimates of wildfire suppression costs under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (B). `(D) SUBMISSION TO CONGRESS- `(i) IN GENERAL- Consistent with the schedule described in clause (ii) and in accordance with subparagraphs (B) and (C), the Secretary concerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an updated estimate of wildfire suppression costs for the applicable fiscal year. `(ii) SCHEDULE- The Secretary concerned shall submit the updated estimates under clause (i) during-- `(I) March of each year; `(II) May of each year; `(III) July of each year; and `(IV) if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, September of each year. `(3) REPORTS- Annually, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report that-- `(A) provides a summary of the amount of appropriations made available during the previous fiscal year, which specifies the source of the amounts and the commitments and obligations made under this section; `(B) describes the amounts obligated to individual wildfire events that meet the criteria specified in subsection (e)(2); and `(C) includes any recommendations that the Secretary of Agriculture or the Secretary of the Interior may have to improve the administrative control and oversight of the FLAME Fund.'. SEC. 103. WILDFIRE DISASTER FUNDING AUTHORITY. (a) In General- Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following: `(E) FLAME WILDFIRE SUPPRESSION- `(i)(I) The adjustments for a fiscal year shall be in accordance with clause (ii) if-- `(aa) a bill or joint resolution making appropriations for a fiscal year is enacted that-- `(AA) specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior; and `(BB) specifies a total amount to be used for the purposes described in subclause (II) in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior that is not less than 50 percent of the amount described in subitem (AA); and `(bb) as of the day before the date of enactment of the bill or joint resolution all amounts in the FLAME Fund established under section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) have been expended. `(II) The purposes described in this subclause are-- `(aa) hazardous fuels reduction projects and other activities of the Secretary of the Interior, as authorized under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) and the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); and `(bb) forest restoration and fuel reduction activities carried out outside of the wildland urban interface that are on condition class 3 Federal land or condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III. `(ii) If the requirements under clause (i)(I) are met for a fiscal year, the adjustments for that fiscal year shall be the amount of additional new budget authority provided in the bill or joint resolution described in clause (i)(I)(aa) for wildfire suppression operations for that fiscal year, but shall not exceed $1,000,000,000 in additional new budget authority in each of fiscal years 2015 through 2021. `(iii) As used in this subparagraph-- `(I) the term `additional new budget authority' means the amount provided for a fiscal year in an appropriation Act and specified to pay for the costs of wildfire suppression operations that is equal to the greater of the amount in excess of-- `(aa) 100 percent of the average costs for wildfire suppression operations over the previous 5 years; or `(bb) the estimated amount of anticipated wildfire suppression costs at the upper bound of the 90 percent confidence interval for that fiscal year calculated in accordance with section 502(h)(3) of the FLAME Act of 2009 (43 U.S.C. 1748a(h)(3)); and `(II) the term `wildfire suppression operations' means the emergency and unpredictable aspects of wildland firefighting including support, response, and emergency stabilization activities; other emergency management activities; and funds necessary to repay any transfers needed for these costs. `(iv) The average costs for wildfire suppression operations over the previous 5 years shall be calculated annually and reported in the President's Budget submission under section 1105(a) of title 31, United States Code, for each fiscal year.'. (b) Disaster Funding- Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking `and' and inserting `plus'; (B) in subclause (II), by striking the period and inserting `; less'; and (C) by adding the following: `(III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.'; and (2) by adding at the end the following: `(v) Beginning in fiscal year 2016 and in subsequent fiscal years, the calculation of the `average funding provided for disaster relief over the previous 10 years' shall not include the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E).'. TITLE II--FOREST TREATMENT PROJECTS SEC. 201. DEFINITIONS. In this title: (1) COVERED PROJECT- The term `covered project' means a project that involves the management or sale of national forest material within a Forest Management Emphasis Area. (2) FOREST MANAGEMENT EMPHASIS AREA- (A) IN GENERAL- The term `Forest Management Emphasis Area' means National Forest System land identified as suitable for timber production in a forest management plan in effect on the date of enactment of this Act. (B) EXCLUSIONS- The term `Forest Management Emphasis Area' does not include National Forest System land-- (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) NATIONAL FOREST MATERIAL- The term `national forest material' means trees, portions of trees, or forest products, with an emphasis on sawtimber and pulpwood, derived from National Forest System land. (4) NATIONAL FOREST SYSTEM- (A) IN GENERAL- The term `National Forest System' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (B) EXCLUSION- The term `National Forest System' does not include-- (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or (ii) National Forest System land east of the 100th meridian. (5) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 202. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS. (a) Conduct of Covered Projects Within Forest Management Emphasis Areas- (1) IN GENERAL- The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) DESIGNATING TIMBER FOR CUTTING- (A) IN GENERAL- Notwithstanding section 14(g) of the National Forest Management Act of 1976 (16 U.S.C. 472a(g)), the Secretary may use designation by prescription or designation by description in conducting covered projects under this title. (B) REQUIREMENT- The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) CONTRACTING METHODS- (A) IN GENERAL- Timber sale contracts under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall be the primary means of carrying out covered projects under this title. (B) RECORD- If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) to carry out a covered project under this title, the Secretary shall provide a written record specifying the reasons that different contracting methods were used. (4) ACREAGE TREATMENT REQUIREMENTS- (A) TOTAL ACREAGE REQUIREMENTS- The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) ASSIGNMENT OF ACREAGE TREATMENT REQUIREMENTS TO INDIVIDUAL UNITS OF THE NATIONAL FOREST SYSTEM- (i) IN GENERAL- Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) LIMITATION- Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental Analysis and Public Review Process for Covered Projects in Forest Management Emphasis Areas- (1) ENVIRONMENTAL ASSESSMENT- The Secretary shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a Forest Management Emphasis Area, except that the Secretary shall not be required to study, develop, or describe more than the proposed agency action and 1 alternative to the proposed agency action for purposes of that Act. (2) PUBLIC NOTICE AND COMMENT- In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide-- (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) LENGTH- The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) INCLUSION OF CERTAIN DOCUMENTS- The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) DEADLINE FOR COMPLETION- Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance With Endangered Species Act- To comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary shall use qualified professionals on the staff of the Forest Service to make determinations required under section 7 of that Act (16 U.S.C. 1536). (d) Limitation on Revision of National Forest Plans- The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), reduce the acres designated as suitable for timber harvest under a covered project, unless the Secretary determines, in consultation with the Secretary of the Interior, that the reduction in acreage is necessary to prevent a jeopardy finding under section 7(b) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)). SEC. 203. ADMINISTRATIVE REVIEW; ARBITRATION. (a) Administrative Review- Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515). (b) Arbitration- (1) IN GENERAL- There is established in the Department of Agriculture a pilot program that-- (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 202(a)(4)(B). (2) ARBITRATION PROCESS PROCEDURES- (A) IN GENERAL- Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with-- (i) chapter 1 of title 9, United States Code; and (ii) this paragraph. (B) REQUIREMENTS FOR DEMAND- A demand for arbitration under subparagraph (A) shall-- (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) INTERVENING PARTIES- (i) DEADLINE FOR SUBMISSION; REQUIREMENTS- Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) MULTIPLE PARTIES- Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) APPOINTMENT OF ARBITRATOR- The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) SELECTION OF PROPOSALS- (i) IN GENERAL- An arbitrator appointed under subparagraph (D)-- (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted-- (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) SELECTION CRITERIA- An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 202(b)(1) for the covered project. (iii) EFFECT- The decision of an arbitrator with respect to a selection under clause (i)(II)-- (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) DEADLINE FOR COMPLETION- Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. SEC. 204. DISTRIBUTION OF REVENUE. (a) Payments to Counties- (1) IN GENERAL- Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 206, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) LIMITATION- A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds- After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the `Knutson-Vandenberg Act') (16 U.S.C. 576b), and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)) in contributions equal to the amounts otherwise collected under those Acts for projects conducted on National Forest System land. (c) Deposit in General Fund of the Treasury- After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. SEC. 205. PERFORMANCE MEASURES; REPORTING. (a) Performance Measures- The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving-- (1) the purposes of this title; and (2) the minimum acreage requirements established under section 202(a)(4). (b) Annual Reports- Annually, 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-- (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes-- (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 203; and (B) the outcomes of the administrative review and arbitration under that section. SEC. 206. TERMINATION. The authority of this title terminates on the date that is 15 years after the date of enactment of this Act. TITLE III--FOREST STEWARDSHIP CONTRACTING SEC. 301. CANCELLATION CEILINGS. Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following: `(5) CANCELLATION CEILINGS- `(A) IN GENERAL- The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. `(B) NOTICE- `(i) SUBMISSION TO CONGRESS- Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes-- `(I)(aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and `(bb) the reasons for the cancellation ceiling amounts proposed under item (aa); `(II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and `(III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. `(ii) TRANSMITTAL TO OMB- At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i).'.
S.2592 Jul-10-14
STATUS: July 10, 2014.--Introduced. S.2592 North Atlantic Energy Security Act (Introduced in Senate - IS) S 2592 IS 113th CONGRESS2d SessionS. 2592 To promote energy production and security, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 10, 2014 Mr. HOEVEN (for himself, Mr. MCCAIN, Ms. MURKOWSKI, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote energy production and security, 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 `North Atlantic Energy Security Act'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATURAL GAS GATHERING ENHANCEMENT Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Authority to approve natural gas pipelines. Sec. 104. Certain natural gas gathering lines located on Federal land and Indian land. Sec. 105. Deadlines for permitting natural gas gathering lines under the Mineral Leasing Act. Sec. 106. Deadlines for permitting natural gas gathering lines under the Federal Land Policy and Management Act of 1976. Sec. 107. LNG regulatory certainty. Sec. 108. Expedited approval of exportation of natural gas to Ukraine and North Atlantic Treaty Organization member countries and Japan. TITLE II--ONSHORE OIL AND GAS PERMIT STREAMLINING Subtitle A--Streamlining Permitting Sec. 201. Short title. Sec. 202. Permit to drill application timeline. Sec. 203. Making pilot offices permanent to improve energy permitting on Federal land. Sec. 204. Administration. Sec. 205. Judicial review. Subtitle B--BLM Live Internet Auctions Sec. 211. Short title. Sec. 212. Internet-based onshore oil and gas lease sales. TITLE I--NATURAL GAS GATHERING ENHANCEMENT SEC. 101. SHORT TITLE. This title may be cited as the `Natural Gas Gathering Enhancement Act'. SEC. 102. FINDINGS. Congress finds that-- (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by-- (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would-- (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. SEC. 103. AUTHORITY TO APPROVE NATURAL GAS PIPELINES. Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79), is amended by inserting `, for natural gas pipelines' after `distribution of electrical power'. SEC. 104. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) In General- Subtitle B of title III of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the end the following: `SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. `(a) Definitions- In this section: `(1) GAS GATHERING LINE AND ASSOCIATED FIELD COMPRESSION UNIT- `(A) IN GENERAL- The term `gas gathering line and associated field compression unit' means-- `(i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and `(ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. `(B) EXCLUSIONS- The term `gas gathering line and associated field compression unit' does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility. `(2) FEDERAL LAND- `(A) IN GENERAL- The term `Federal land' means land the title to which is held by the United States. `(B) EXCLUSIONS- The term `Federal land' does not include-- `(i) a unit of the National Park System; `(ii) a unit of the National Wildlife Refuge System; or `(iii) a component of the National Wilderness Preservation System. `(3) INDIAN LAND- The term `Indian land' means land the title to which is held by-- `(A) the United States in trust for an Indian tribe or an individual Indian; or `(B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. `(b) Certain Natural Gas Gathering Lines- `(1) IN GENERAL- Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and associated field compression unit are-- `(A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and `(B) located adjacent to an existing disturbed area for the construction of a road or pad. `(2) APPLICABILITY- `(A) FEDERAL LAND- Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). `(B) INDIAN LAND- Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). `(c) Effect on Other Law- Nothing in this section affects or alters any requirement-- `(1) relating to prior consent under-- `(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 324); or `(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 476(e)) (commonly known as the `Indian Reorganization Act'); or `(2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land.'. (b) Assessments- Title XVIII of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the following: `SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS. `(a) Definition of Gas Gathering Line and Associated Field Compression Unit- In this section, the term `gas gathering line and associated field compression unit' has the meaning given the term in section 319. `(b) Study- Not later than 1 year after the date of enactment of the North Atlantic Energy Security Act of 2014, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall conduct a study to identify-- `(1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. `(c) Report- Not later than 180 days after the date of enactment of the North Atlantic Energy Security Act of 2014, and every 180 days thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to Congress a report that describes-- `(1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any issues impeding that progress.'. (c) Technical Amendments- (1) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following: `Sec. 319. Certain natural gas gathering lines located on Federal land and Indian land.'. (2) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of title XXVIII the following: `Sec. 1841. Natural gas gathering system assessments.'. SEC. 105. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE MINERAL LEASING ACT. Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by adding at the end the following: `(z) Natural Gas Gathering Lines- The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'. SEC. 106. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) is amended by adding at the end the following: `(k) Natural Gas Gathering Lines- The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'. SEC. 107. LNG REGULATORY CERTAINTY. Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following: `(g) Deadline for Certain Applications for Exportation of Natural Gas- `(1) IN GENERAL- The Commission shall make a public interest determination and issue an order under subsection (a) for an application for the exportation of natural gas to a foreign country through a particular LNG terminal not later than 45 days after receipt of an application under subsection (e) for-- `(A) the conversion of that LNG terminal into an LNG import or export facility; or `(B) the construction of that LNG terminal. `(2) APPLICATION- This subsection shall not apply with respect to an application under subsection (a) for the exportation of natural gas-- `(A) to a foreign country-- `(i) to which the exportation of natural gas is otherwise prohibited by law; or `(ii) described in subsection (c); or `(B) if the Commission has made a contingent determination with respect to the application. `(3) EFFECT- Except as specifically provided in this subsection, nothing in this subsection affects the authority of the Commission to review, process, and make a determination with respect to an application for the exportation of natural gas.'. SEC. 108. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO UKRAINE AND NORTH ATLANTIC TREATY ORGANIZATION MEMBER COUNTRIES AND JAPAN. (a) In General- In accordance with clause 3 of section 8 of article I of the Constitution of the United States (delegating to Congress the power to regulate commerce with foreign nations), Congress finds that exports of natural gas produced in the United States to Ukraine, member countries of the North Atlantic Treaty Organization, and Japan is-- (1) necessary for the protection of the essential security interests of the United States; and (2) in the public interest pursuant to section 3 of the Natural Gas Act (15 U.S.C. 717b). (b) Expedited Approval- Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by inserting `, to Ukraine, to a member country of the North Atlantic Treaty Organization, or to Japan' after `trade in natural gas'. (c) Effective Date- The amendment made by subsection (b) shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of the enactment of this Act. TITLE II--ONSHORE OIL AND GAS PERMIT STREAMLININGSubtitle A--Streamlining Permitting SEC. 201. SHORT TITLE. This subtitle may be cited as the `Streamlining Permitting of American Energy Act of 2014'. SEC. 202. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is amended by striking paragraph (2) and inserting the following: `(2) APPLICATIONS FOR PERMITS TO DRILL REFORM AND PROCESS- `(A) TIMELINE- `(i) IN GENERAL- Not later than 30 days after the date on which the Secretary receives an application for a permit to drill, the Secretary shall decide whether to issue or deny the permit. `(ii) EXTENSION- On giving written notice of a delay to the applicant, the Secretary may extend the period described in clause (i) for not more than 2 additional periods of 15 days each. `(iii) FORM OF NOTICE- The notice referred to in clause (ii) shall-- `(I) be in the form of a letter from the Secretary or a designee of the Secretary; and `(II) shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. `(B) APPLICATION CONSIDERED APPROVED- If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered to be approved, except in a case in which an existing review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is incomplete. `(C) DENIAL OF PERMIT- If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall-- `(i) provide to the applicant a description of the reasons for the denial of the permit; `(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and `(iii) issue or deny any resubmitted application not later than 10 days after the date on which the application is submitted to the Secretary. `(D) FEE- `(i) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). `(ii) LIMITATION- The fee described in clause (i) shall not apply to any resubmitted application. `(iii) TREATMENT OF PERMIT PROCESSING FEE- Of all amounts collected as fees under this paragraph, 50 percent shall be-- `(I) transferred to the field office where the fee is collected; and `(II) used to process leases and permits under this Act, subject to appropriation.'. SEC. 203. MAKING PILOT OFFICES PERMANENT TO IMPROVE ENERGY PERMITTING ON FEDERAL LAND. (a) Definitions- In this section: (1) ENERGY PROJECTS- The term `energy projects' includes oil, natural gas, and other energy projects, as defined by the Secretary. (2) PROJECT- The term `Project' means the Federal Permit Streamlining Project established under subsection (b). (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Establishment- The Secretary shall establish a Federal Permit Streamlining Project in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (c) Memorandum of Understanding- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) STATE PARTICIPATION- The Secretary may request that the Governor of any State in which energy projects on Federal land are located be a signatory to the memorandum of understanding. (d) Designation of Qualified Staff- (1) IN GENERAL- Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) DUTIES- Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional Personnel- The Secretary shall assign to each Bureau of Land Management field office identified in subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (f) Funding- Salaries for the additional personnel shall be funded from the collection of fees described in section 17(p)(2)(D) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)(D)) (as amended by section 202). (g) Savings Provision- Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. SEC. 204. ADMINISTRATION. Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 (42 U.S.C. 15942). SEC. 205. JUDICIAL REVIEW. (a) Definitions- In this section: (1) COVERED CIVIL ACTION- The term `covered civil action' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal land. (2) COVERED ENERGY PROJECT- (A) IN GENERAL- The term `covered energy project' means the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source of energy, and any action carried out pursuant to that lease. (B) EXCLUSION- The term `covered energy project' does not include any disputes between the parties to a lease regarding the obligations under the lease, including regarding any alleged breach of the lease. (b) Exclusive Venue for Certain Civil Actions Relating to Covered Energy Projects- Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. (c) Timely Filing- To ensure timely redress by the courts, a covered civil action shall be filed not later than the last day of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates. (d) Expedition in Hearing and Determining the Action- The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. (e) Standard of Review- In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. (f) Limitation on Injunction and Prospective Relief- (1) IN GENERAL- In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that the relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. (2) DURATION OF PRELIMINARY INJUNCTIONS- A court shall limit the duration of a preliminary injunction to halt a covered energy project to a period of not more than 60 days, unless the court finds clear reasons to extend the injunction. (3) DURATION OF EXTENSION- An extension under paragraph (2) shall-- (A) only be for a period of not more than 30 days; and (B) require action by the court to renew the injunction. (g) Limitation on Attorneys' Fees- Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the `Equal Access to Justice Act') shall not apply to a covered civil action, nor shall any party in the covered civil action receive payment from the Federal Government for attorneys' fees, expenses, or other court costs. (h) Legal Standing- A person filing an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a person before a United States district court. Subtitle B--BLM Live Internet Auctions SEC. 211. SHORT TITLE. This subtitle may be cited as the `BLM Live Internet Auctions Act'. SEC. 212. INTERNET-BASED ONSHORE OIL AND GAS LEASE SALES. (a) Authorization- Section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) is amended-- (1) in subparagraph (A), in the third sentence, by inserting `, except as provided in subparagraph (C)' after `by oral bidding'; and (2) by adding at the end the following: `(C) INTERNET-BASED BIDDING- `(i) IN GENERAL- In order to diversify and expand the onshore leasing program in the United States to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. `(ii) CONCLUSION OF SALE- Each individual Internet-based lease sale shall conclude not later than 7 days after the date of initiation of the sale.'. (b) Report- Not later than 90 days after the tenth Internet-based lease sale conducted pursuant to subparagraph (C) of section 17(b)(1) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)) (as added by subsection (a)), the Secretary of the Interior shall conduct, and submit to Congress a report describing the results of, an analysis of the first 10 such lease sales, including-- (1) estimates of increases or decreases in the lease sales, compared to sales conducted by oral bidding, in-- (A) the number of bidders; (B) the average amount of the bids; (C) the highest amount of the bids; and (D) the lowest amount of the bids; (2) an estimate on the total cost or savings to the Department of the Interior as a result of the sales, as compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales, which may-- (A) provide an opportunity to better maximize bidder participation; (B) ensure the highest return to the Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process.
S.2590 Jul-10-14
STATUS: Jully 10, 2014.--Introduced. S.2590 Lewis and Clark National Historic Trail Interpretive Center Act of 2014 (Introduced in Senate - IS) S 2590 IS 113th CONGRESS2d SessionS. 2590 To advance the purposes of the Lewis and Clark National Historic Trail Interpretive Center, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 10, 2014 Mr. TESTER (for himself and Mr. WALSH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To advance the purposes of the Lewis and Clark National Historic Trail Interpretive Center, 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 `Lewis and Clark National Historic Trail Interpretive Center Act of 2014'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide for a pilot program of public-private partnership regarding the operation of the Lewis and Clark National Historic Trail Interpretive Center; (2) to promote the use and development of the Interpretive Center by the Lewis & Clark Foundation, in support of the purposes of Public Law 100-552 (102 Stat. 2766); (3) to allow and promote use of the Interpretive Center, with the goal of achieving financial self-sustainability; and (4) to authorize the Secretary of Agriculture to participate and cooperate in the operation of the Interpretive Center as necessary or desirable to promote-- (A) the conservation and management of United States public land; (B) the use, understanding, and enjoyment of-- (i) the Interpretive Center; and (ii) natural resources and natural history; and (C) interpretation of the historical events associated with-- (i) the Lewis and Clark Expedition; (ii) Native Americans; and (iii) the American West. SEC. 3. DEFINITIONS. In this Act: (1) FOUNDATION- The term `Foundation' means the Lewis & Clark Foundation, a nonprofit corporation existing under the laws of the State (or any successor in interest to that foundation). (2) GRANT DEED- The term `Grant Deed' means the instrument that-- (A) conveys to the United States from the Montana Department of Fish, Wildlife and Parks a parcel of land comprising 27.29 acres, as depicted on the Map and located in Cascade County, Montana; (B) comprises 8 pages recorded in the land records of Cascade County as document numbered R0040589; and (C) is dated June 6, 2002. (3) INTERPRETIVE CENTER- (A) IN GENERAL- The term `Interpretive Center' means the Lewis and Clark National Historic Trail Interpretive Center, located in Great Falls, Montana. (B) INCLUSIONS- The term `Interpretive Center' includes all land, buildings, and fixtures associated with the center described in subparagraph (A). (4) MAP- The term `Map' means the map entitled `Lewis and Clark Interpretive Center, Tract No. 1 of the Certificate of Survey #3942', filed on April 18, 2002, in the offices of the Clerk and Recorder, Cascade County, Montana. (5) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (6) STATE- The term `State' means the State of Montana. SEC. 4. AMENDMENTS. Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is amended-- (1) in section 2-- (A) in subsection (b), in the first sentence, by striking `donated' and inserting `conveyed'; and (B) by striking subsection (c); and (2) in section 3(a), by striking the second sentence. SEC. 5. RATIFICATION OF PRIOR CONVEYANCE. Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766), the Grant Deed is ratified in accordance with the terms of the Grant Deed. SEC. 6. CONVEYANCE BY LEASE. (a) Pilot Project- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, without further administrative procedures, reviews, or analyses and subject to valid existing rights of record, the Secretary shall carry out a pilot project under which the Secretary shall offer to lease to the Foundation, for no consideration, the land and improvements comprising the Federal interest in the Interpretive Center, including the real property depicted on the Map and conveyed by the Grant Deed. (2) TIMING- At any time, the Secretary and the Foundation may agree to the lease of all or any portion of the property described in paragraph (1)-- (A) at 1 time; or (B) in phases over time. (3) PERSONAL PROPERTY CONVEYANCE- The Secretary may convey, by deed of gift or lease to the Foundation, for no consideration, such furniture, equipment, and other personal property as the Secretary and the Foundation agree to be appropriate, including any property that has been used in connection with the operation and maintenance of the Interpretive Center on or before the date of enactment of this Act. (b) Terms and Conditions- (1) TERM- The lease under subsection (a) shall be-- (A) for a primary term of not more than 40 years; and (B) renewable for additional terms of not more than 40 years each, in accordance with such terms and conditions as the Secretary and the Foundation agree to be appropriate. (2) CONDITION- The Secretary-- (A) shall lease any real or personal property pursuant to this section in the existing condition of the property; and (B) has no obligation to repair or replace any such property or improvement. (3) REQUIREMENTS- (A) IN GENERAL- The terms of any lease, lease modification, or lease renewal under this section shall be consistent with the requirements of this Act. (B) OTHER TERMS AND CONDITIONS- The lease may contain such other terms and conditions including provisions relating to-- (i) the partial occupancy and use at reduced or no charges by the Forest Service, other Federal departments or agencies, and any other entities referred to in Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766); (ii) capital improvements made by the Foundation, the title to which shall vest in the United States on termination of the lease, unless otherwise agreed to by the Secretary and the Foundation; and (iii) the upkeep and maintenance of any appropriate facilities by the Foundation. (4) MODIFICATIONS- The lease may be modified from time to time by mutual written agreement of the Secretary and the Foundation. (5) TERMINATION- The lease under subsection (a) shall be terminable by the Secretary in any case in which the Secretary determines that the Interpretive Center is-- (A) destroyed by fire or act of God such that the Interpretive Center cannot continue operating, and the Foundation has elected not to construct or reconstruct any necessary improvements; (B) attempted to be sold, mortgaged, or used as security for indebtedness; (C) abandoned or ceases to be used for the purposes of the lease for a consecutive period of 1 year, unless otherwise agreed to by the Foundation and the Secretary; or (D) used in a manner that is inconsistent with the terms of the lease. (c) Administrative Actions- The Regional Forester, Northern Region, of the Forest Service may act on behalf of the Secretary in carrying out this Act. (d) Reservation of Rights in United States- (1) IN GENERAL- At all times, the United States shall reserve the right to locate, develop, and use the Interpretive Center for other uses by the Federal Government that are compatible with the purposes and operation of Interpretive Center. (2) CONSULTATION REQUIRED- The Foundation shall be consulted prior to any development or use under paragraph (1). (e) Insurance- (1) IN GENERAL- The Foundation shall maintain general liability insurance for the duration of the lease under this section, in such amount as is agreed to by the Secretary and the Foundation. (2) REQUIREMENT- The United States shall be named as an additional insured under the policy. SEC. 7. USE BY FOUNDATION. The lease under this Act-- (1) shall permit the Foundation to assume stewardship responsibilities for the Interpretive Center, including through-- (A) the sale of souvenirs and merchandise; (B) the provision of food and visitor services; (C) the rental of facilities for short-term events; and (D) the assessment of admission and use fees in an amount determined by the Foundation; and (2) may permit the Foundation, with prior written approval of the Secretary-- (A) to construct or renovate any applicable improvements; and (B) to sublet any space or facility for any use that is compatible with the purposes of the Interpretive Center. SEC. 8. MONETARY PROVISIONS. (a) Admission and Use Fees- The Foundation shall have sole discretion to establish and charge admission and use fees for the Interpretive Center. (b) Receipts- The Foundation may retain and use all amounts generated from the operation of the Interpretive Center, including through-- (1) the sale of merchandise; and (2) the assessment of admission and use fees. (c) Accounts- (1) IN GENERAL- The Foundation shall maintain documents and accounts that are-- (A) prepared by an accountant certified or licensed by a State regulatory authority; and (B) prepared in accordance with generally accepted accounting principles. (2) INSPECTION- All documents and accounts of the Foundation shall be open to inspection by-- (A) the Secretary; and (B) other appropriate Federal officials. (d) State and Local Taxes- (1) IN GENERAL- The Interpretive Center shall be considered to be Federal property for purposes of taxation by the State government and units of local government. (2) EFFECT OF ACT- Nothing in this Act exempts the Foundation or the Interpretive Center from the collection and payment of any sales or excise tax. (e) Federal Assistance- (1) IN GENERAL- Subject to the availability of appropriated funds, the Secretary may provide to the Foundation (including through a cooperative agreement under section 9) such sums as the Secretary determines to be appropriate for-- (A) startup costs; and (B) subsequent maintenance and operational expenses. (2) OTHER FEDERAL ASSISTANCE- The Foundation may apply for and receive any Federal grant or other form of Federal assistance for which the Foundation is otherwise eligible, notwithstanding the status of the Foundation as a lessee of, or cooperator with, the United States. SEC. 9. COOPERATIVE AGREEMENTS. (a) In General- The Secretary and the Foundation at any time may enter into any cooperative agreement to provide Federal financial or other assistance at the Interpretive Center relating to-- (1) the use of Forest Service employees for interpretive or educational services; (2) the use of equipment; (3) the training of staff and volunteers; (4) the provision of interpretive services, including displays, educational programs, and similar information; (5) maintenance and operational expenses; and (6) any other activity that the Foundation and the Secretary determine to be in support of the purposes of Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act. (b) Effect of Act- Nothing in this Act precludes the use of other cooperative authorities of the Secretary, including the National Trails System Act (16 U.S.C. 1241 et seq.). SEC. 10. RELATIONSHIP TO OTHER LAWS. (a) Public Law 100-552- (1) IN GENERAL- Except as provided in section 4, Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain in force and effect. (2) CONFLICTS- If a conflict arises between Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision of this Act, the provision of this Act shall prevail. (b) Fees and Charges- The Foundation and the operation of the Interpretive Center shall not be subject to the requirements of Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other law relating to the charging of admission or use fees on Federal land or facilities. (c) Federal Laws and Regulations- (1) IN GENERAL- Notwithstanding the lease under this Act, the Interpretive Center shall continue to be subject to the laws and regulations relating to the National Forest System, unless any such law or regulation is inconsistent with Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act. (2) REGULATIONS- No provision contained in subpart B of part 251 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall apply to the lease authorized by this Act, unless such a provision is incorporated in the lease by agreement of the Secretary and the Foundation. SEC. 11. REPORTS TO CONGRESS. (a) In General- The Secretary and the Foundation each may submit to Congress, from time to time, reports regarding the status of the pilot project authorized by this Act, including-- (1) an assessment of the lease under the pilot project; and (2) such recommendations as the Secretary or the Foundation determine to be necessary or appropriate for the continued management of the Interpretive Center. (b) Applicability- The Secretary may advise Congress with respect to the potential applicability of the pilot project under this Act to other interpretive centers within the National Forest System. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out-- (1) this Act; and (2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766).
S.2580 Jul-10-14
STATUS: July 10, 2014.--Introduced. S.2580 Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014 (Introduced in Senate - IS) S 2580 IS 113th CONGRESS2d SessionS. 2580 To redesignate the Ocmulgee National Monument in the State of Georgia, to revise the boundary of that monument, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 10, 2014 Mr. ISAKSON (for himself and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To redesignate the Ocmulgee National Monument in the State of Georgia, to revise the boundary of that monument, 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 `Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) HISTORICAL PARK- The term `Historical Park' means the Ocmulgee Mounds National Historical Park in the State of Georgia, as redesignated by section 3. (2) MAP- The term `map' means the map entitled [Struck out->] [ XXX ] [<-Struck out] , numbered [Struck out->] [ XXX ] [<-Struck out] , and dated [Struck out->] [ XXXX ] [<-Struck out] . (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. OCMULGEE MOUNDS NATIONAL HISTORICAL PARK. (a) Redesignation- The Ocmulgee National Monument established pursuant to the Act of June 14, 1934 (48 Stat. 958, chapter 519), shall be known and designated as `Ocmulgee Mounds National Historical Park'. (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to `Ocmulgee National Monument' shall be deemed to be a reference to `Ocmulgee Mounds National Historical Park'. SEC. 4. BOUNDARY ADJUSTMENT. (a) In General- The boundary of the Historical Park is revised to include approximately 2,100 acres, as generally depicted on the map. (b) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. LAND ACQUISITION. (a) In General- The Secretary may acquire land or interests in land within the boundary of the Historical Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (b) Administration- The Secretary shall administer any land acquired under subsection (a) as part of the Historical Park in accordance with applicable laws and regulations. SEC. 6. OCMULGEE RIVER CORRIDOR SPECIAL RESOURCE STUDY. (a) In General- The Secretary shall conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine-- (1) the national significance of the study area; (2) the suitability and feasibility of adding land in the study area to the National Park System; and (3) the methods and means for the protection and interpretation of the study area by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations. (b) Criteria- The Secretary shall conduct the study under subsection (a) in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5) (commonly known as the `National Park System General Authorities Act'). (c) Report- Not later than 3 years after the date on which funds are made available to carry out this section, 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 containing-- (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.
S.2576 Jul-09-14
STATUS: July 9, 2014.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.2576 Maritime Washington National Heritage Area Act (Introduced in Senate - IS) S 2576 IS 113th CONGRESS2d SessionS. 2576 To establish the Maritime Washington National Heritage Area in the State of Washington, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 9, 2014 Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Maritime Washington National Heritage Area in the State of Washington, 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 `Maritime Washington National Heritage Area Act'. SEC. 2. DEFINITIONS. In this Act: (1) HERITAGE AREA- The term `Heritage Area' means the Maritime Washington National Heritage Area established by section 4. (2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the local coordinating entity for the Heritage Area designated by section 4(b)(4). (3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area described in section 6. (4) MAP- The term `map' means the undated overview map entitled `Washington State Maritime Heritage Area Proposed Boundary' and the associated index maps. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of Washington. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage and strengthen partnerships and collaboration among maritime interests for the purpose of economic development and heritage tourism; (2) to recognize that waterfronts are both a foundational part of the heritage of the State and dynamic places that are constantly adapting to new opportunities and challenges; (3) to recognize, interpret, and conserve the diverse and abundant nationally significant maritime-related objects, sites, structures, places, events, and activities that collectively form a distinctive landscape in ports and coastal communities located in the western part of the State; (4) to recognize and interpret the impact of that nationally important maritime landscape on Native American and European-American heritage; (5) to preserve landscapes, communities, traditions, historic sites, and natural features in the Heritage Area associated with that maritime history; (6) to promote heritage, cultural, and recreational tourism, and to develop educational, interpretive, recreational, and cultural programs through partnerships for the benefit of visitors and the general public; and (7) to provide appropriate linkages between Federal, State, and local historic sites, and communities, governments, businesses, organizations, and individuals that stimulate appropriate and compatible economic vitality within the Heritage Area, without modifying the authority of any State, tribal, or local government to regulate land use, public land policy, or private activity. SEC. 4. MARITIME WASHINGTON NATIONAL HERITAGE AREA. (a) Establishment- There is established the Maritime Washington National Heritage Area in the counties of Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor in the State. (b) Boundaries- (1) IN GENERAL- The Heritage Area shall consist of Federal, State, local, and tribal land that-- (A) allows public access; and (B) is at least partly located within the area that is 1/4 -mile landward of the shoreline, as generally depicted on the map. (2) REVISION- The boundaries of the Heritage Area may be revised if the revision is-- (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 5; and (C) placed on file in accordance with paragraph (3). (3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity. (4) LOCAL COORDINATING ENTITY- The local coordinating entity for the Heritage Area shall be the Pacific Northwest Maritime Heritage Advisory Council, operating under the Washington Trust for Historic Preservation. SEC. 5. DUTIES AND AUTHORITIES OF LOCAL COORDINATING ENTITY. (a) Duties- To support the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare and submit to the Secretary in accordance with section 6, a management plan for the Heritage Area; (2) assist willing partners, such as units of State, local, and tribal government, regional planning organizations, and private organizations, in implementing the approved management plan by-- (A) advocating for and carrying out programs and projects that recognize and protect important resource values within the Heritage Area; (B) promoting, developing, and maintaining interpretive exhibits and programs within the Heritage Area; (C) promoting or developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historic, scenic, recreational, and cultural resources of the Heritage Area; (E) advocating for the protection and preservation of historic sites, structures, objects, and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, businesses, organizations, and individuals to support the purposes of the Heritage Area; (3) take into consideration the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) ensure an open and transparent process for the development and implementation of the management plan by holding regular public meetings; (5) submit to the Secretary an annual report for each fiscal year during which the local coordinating entity receives Federal funds under this Act that describes, with respect to the reporting period-- (A) the 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 leveraged with Federal funds and sources of the leveraged funds; (E) grants made to any other entities; and (F) critical components for sustainability of the Heritage Area; (6) make available for audit for any fiscal year for which the local coordinating entity receives Federal funds under this Act all information pertaining to the expenditure of those funds and any matching funds; (7) in all agreements authorizing expenditures of Federal funds by other organizations, ensure that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and (8) encourage and strengthen partnerships and collaboration among maritime interests by appropriate means for economic development and heritage tourism, consistent with the purposes of the Heritage Area. (b) Authorities- Subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, the local coordinating entity may use Federal funds made available under this Act-- (1) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other individuals and entities; (2) to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties; (3) to hire and compensate staff; (4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program; (5) to contract for goods or services; and (6) to support activities of partners and any other activities that-- (A) support the purposes of the Heritage Area; and (B) are consistent with the approved management plan. (c) Prohibition on Acquisition of Real Property- The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. SEC. 6. MANAGEMENT PLAN. (a) In General- Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements- The management plan for the Heritage Area shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for the conservation, funding, management, interpretation, and development of the Heritage Area; (2) take into consideration existing State and local plans in the development and implementation of the management plan; (3) include a description of actions and commitments that governments, private organizations, and individuals plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (4) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area; (5) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, managed, or developed; (6) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements, to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (7) describe a program for implementation of the management plan, including-- (A) performance goals; (B) an approximate timeline for implementation; (C) specific commitments for implementation; and (D) how the plan will be evaluated and updated; (8) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to support the purposes of this Act; (9) provide recommendations for educational and interpretive programs to inform the public regarding the resources of the Heritage Area; and (10) include a business plan that-- (A) describes the role, operation, financing, and functions of-- (i) the local coordinating entity; and (ii) each major activity contained in the management plan; (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area; and (C) describes goals and recommendations for sustainability of the coordinating entity through the effective period of this Act. (c) Termination of Funding- If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this Act until the date on which the management plan is submitted to, and approved by, the Secretary. (d) Approval of Management Plan- (1) REVIEW- Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. (2) CRITERIA FOR APPROVAL- In determining the approval of the management plan, the Secretary shall consider whether-- (A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, resource-related organizations, educational institutions, ports, businesses, community residents, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including workshops and public meetings) in the preparation of the management plan; (C) the conservation and interpretation strategies described in the management plan, if implemented, are compatible and consistent with this Act; (D) the management plan would not adversely affect any activities authorized on Federal, State, local, or tribal land under applicable laws or land use plans; (E) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials the support of which is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; (F) the local coordinating entity has identified existing and potential sources of funding for implementing the management plan in partnership with others; and (G) provisions for long-term sustainability of the Heritage Area are in place. (3) ACTION FOLLOWING 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. (4) AMENDMENTS- (A) IN GENERAL- An amendment to the management plan that substantially alters the management plan shall be-- (i) reviewed by the Secretary; and (ii) approved or disapproved in the same manner as the original management plan. (B) IMPLEMENTATION- The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement any amendment to the management plan until the Secretary approves the amendment. SEC. 7. DUTIES AND AUTHORITIES OF SECRETARY. (a) Technical and Financial Assistance- (1) IN GENERAL- On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan. (2) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private organizations to provide technical or financial assistance under paragraph (1). (3) PRIORITY- In providing assistance under this subsection, the Secretary shall give priority to actions that assist in-- (A) conserving the significant historic and cultural maritime-related resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities for the public, consistent with the purposes of the Heritage Area. (b) Evaluation; Report- (1) IN GENERAL- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 11, the Secretary shall-- (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with paragraph (3). (2) EVALUATION COMPONENTS- An evaluation conducted under paragraph (1)(A) shall-- (A) assess the progress of the local coordinating entity with respect to-- (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) RECOMMENDATIONS- (A) IN GENERAL- Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) REQUIRED ANALYSIS- If the report prepared under this paragraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) SUBMISSION TO CONGRESS- On completion of a report under this paragraph, the Secretary shall submit the report to-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General- Nothing in this Act affects the authority of any Federal agency to provide technical or financial assistance under any other law (including regulations). (b) Consultation and Coordination- To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal Agencies- Nothing in this Act-- (1) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage 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 Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 9. PROPERTY OWNERS 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 Heritage Area; (2) requires any property owner-- (A) to permit public access (including Federal, State, tribal, or local government access) to the property; or (B) to modify any provision of Federal, State, tribal, or local law with regard to public access or use of private land; (3) alters any duly adopted land use regulation, approved land-use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any individual injured on the private property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General- There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $500,000 shall be made available for any fiscal year. (b) Availability- Funds made available under subsection (a) shall remain available until expended. (c) Cost-Sharing Requirement- (1) IN GENERAL- The Federal share of the total cost of any activity under this section shall be not more than 50 percent. (2) FORM- The non-Federal contribution-- (A) shall be from non-Federal sources; and (B) may be in the form of in-kind contributions of goods or services fairly valued. SEC. 11. TERMINATION OF FINANCIAL ASSISTANCE. The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.
S.2571 Jul-09-14
STATUS: July 9, 2014.--Introduced. S.2571 Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014 (Introduced in Senate - IS) .0D .0D S 2571 IS .0D .0D .0D.0D113th CONGRESS.0D2d Session .0D S. 2571.0D To adjust the boundary of the Kennesaw Mountain National Battlefield Park to include the Wallis House and Harriston Hill, and for other purposes..0D .0D IN THE SENATE OF THE UNITED STATES.0DJuly 9, 2014.0D Mr. ISAKSON (for himself and Mr. CHAMBLISS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources.0D .0D A BILL.0D To adjust the boundary of the Kennesaw Mountain National Battlefield Park to include the Wallis House and Harriston Hill, and for other purposes..0D .0D Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,.0D SECTION 1. SHORT TITLE..0D This Act may be cited as the `Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014'..0D SEC. 2. FINDINGS..0D Congress finds that--.0D (1) Kennesaw Mountain National Battlefield Park was authorized as a unit of the National Park System on June 26, 1935, prior to which year, parts of the Park had been acquired and protected by Civil War veterans and the War Department;.0D (2) Kennesaw Mountain National Battlefield Park protects Kennesaw Mountain and Kolb's Farm, which are battle sites along the route of General Sherman's 1864 campaign to take Atlanta;.0D (3) most of the Kennesaw Mountain National Battlefield Park protects Confederate positions and strategy;.0D (4) the Wallis House is one of the few original structures remaining from the Battle of Kennesaw Mountain associated with Union positions and strategy; and.0D (5) the Wallis House is strategically located next to a Union signal station at Harriston Hill..0D SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION..0D (a) Boundary Adjustment- .0D (1) IN GENERAL- The boundary of the Kennesaw Mountain National Battlefield Park is modified to include the approximately 8 acres identified as `Wallis House and Harriston Hill' and generally depicted on the map entitled `Kennesaw Mountain National Battlefield Park, Proposed Boundary Adjustment', numbered 325/80,020, and dated February 2010..0D (2) AVAILABILITY OF MAP- The map referred to in paragraph (1) shall be on file and available for inspection in the appropriate offices of the National Park Service..0D (b) Land Acquisition- The Secretary of the Interior may acquire, from willing owners only, land or interests in land described in subsection (a) by donation or exchange..0D (c) Administration- The Secretary of the Interior shall administer land and interests in land acquired under this section as part of the Kennesaw Mountain National Battlefield Park in accordance with applicable law (including regulations)..0D
S.2566 Jul-08-14
STATUS: July 8, 2014.--Introduced. S.2566 Nevada Mining Townsite Conveyance Act (Introduced in Senate - IS) S 2566 IS 113th CONGRESS2d SessionS. 2566 To provide for the conveyance of certain public land in and around historic mining townsites located in the State of Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 8, 2014 Mr. HELLER (for himself and Mr. REID) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain public land in and around historic mining townsites located in the State of Nevada, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Nevada Mining Townsite Conveyance Act'. SEC. 2. DISPOSAL OF PUBLIC LAND IN MINING TOWNSITES, ESMERALDA, NYE, AND STOREY COUNTIES, NEVADA. (a) Findings- Congress finds that-- (1) the Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda, Nye, and Storey in the State of Nevada; (2) while the real property described in paragraph (1) is under the jurisdiction of the Secretary, some of the real property has been occupied for decades by individuals-- (A) who took possession by purchase or other documented and putatively legal transactions; and (B) the continued occupation by whom constitutes a trespass on the title held by the Federal Government; (3) as a result of the confused and conflicting ownership claims, the real property described in paragraph (1)-- (A) is difficult to manage under multiple use policies; and (B) creates a continuing source of friction and unease between the Federal Government and local residents; (4)(A) all of the real property described in paragraph (1) is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness; and (B) as of the date of enactment of this Act, the Bureau of Land Management has identified the mining townsites for disposal; and (5) to promote the responsible resource management of the real property described in paragraph (1), certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county may, in addition to other actions, dispose of the property to individuals residing on or otherwise occupying the real property. (b) Definitions- In this Act: (1) CONVEYANCE MAPS- The term `conveyance maps' means-- (A) the map entitled `Original Mining Townsite Ione Nevada' and dated October 17, 2005; (B) the map entitled `Original Mining Townsite Gold Point' and dated October 17, 2005; and (C) the map entitled `Restoring Storey County Act' and dated November 20, 2012. (2) MINING TOWNSITE- The term `mining townsite' means real property-- (A) located in the Gold Point, Ione, Gold Hill, and Virginia City townsites within the counties of Esmeralda, Nye, and Storey, Nevada, as depicted on the conveyance maps; (B) that is owned by the Federal Government; and (C) on which improvements were constructed based on the belief that-- (i) the property had been or would be acquired from the Federal Government by the entity that operated the mine; or (ii) the individual or entity that made the improvement had a valid claim for acquiring the property from the Federal Government. (D) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Bureau of Land Management. (c) Mining Claim Validity Review- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall carry out an expedited program to examine each unpatented mining claim (including each unpatented mining claim for which a patent application has been filed) within each mining townsite. (2) DETERMINATION OF VALIDITY- With respect to a mining claim, if the Secretary determines that the elements of a contest are present, the Secretary shall immediately determine the validity of the mining claim. (3) DECLARATION BY SECRETARY- If the Secretary determines a mining claim to be invalid, as soon as practicable after the date of the determination, the Secretary shall declare the mining claim to be null and void. (4) TREATMENT OF VALID MINING CLAIMS- (A) IN GENERAL- Each mining claim that the Secretary determines to be valid shall be maintained in compliance with the general mining laws and subsection (d)(2)(B). (B) EFFECT ON HOLDERS- A holder of a mining claim described in subparagraph (A) shall not be entitled to a patent. (5) ABANDONMENT OF CLAIM- The Secretary shall provide-- (A) public notice that each mining claim holder may affirmatively abandon the claim of the mining claim holder prior to the validity review; and (B) to each mining claim holder an opportunity to abandon the claim of the mining claim holder before the date on which the land that is subject to the mining claim is conveyed. (d) Conveyance Authority- (1) IN GENERAL- After completing a validity review under subsection (c), notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to the agreement of the county, the Secretary shall convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to the mining townsites (including improvements on the mining townsites)-- (A) identified for conveyance on the conveyance maps; and (B) that are not subject to valid mining claims. (2) VALID MINING CLAIMS- (A) IN GENERAL- With respect to each parcel of land located in a mining townsite subject to a valid mining claim, the Secretary shall reserve the mineral rights and otherwise convey, without consideration, the remaining right, title, and interest of the United States in and to the mining townsite (including improvements on the mining townsite) that is identified for conveyance on a conveyance map. (B) PROCEDURES AND REQUIREMENTS- Each valid mining claim shall be subject to each procedure and requirement described in section 9 of the Act of December 29, 1916 (43 U.S.C. 299) (commonly known as the `Stockraising Homestead Act of 1916') (including regulations). (3) AVAILABILITY OF CONVEYANCE MAPS- The conveyance maps shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Recipients- (1) ORIGINAL RECIPIENT- Subject to paragraph (2), the conveyance of a mining townsite under subsection (d) shall be made to the county in which the mining townsite is situated. (2) RECONVEYANCE TO OCCUPANTS- (A) IN GENERAL- In the case of a mining townsite conveyed under subsection (d) for which a valid interest is proven by 1 or more individuals, under the provisions of Nevada Revised Statutes Chapter 244, the county that receives the mining townsite under paragraph (1) shall reconvey the property to the 1 or more individuals by appropriate deed or other legal conveyance as provided in that chapter. (B) AUTHORITY OF COUNTY- A county described in subparagraph (A) is not required to recognize a claim under this paragraph that is submitted on a date that is later than 5 years after the date of enactment of this Act. (f) Valid Existing Rights- The conveyance of a mining townsite under subsection (d) shall be subject to valid existing rights, including any easement or other right-of-way or lease in existence as of the date of the conveyance. (g) Withdrawals- Subject to valid rights in existence on the date of enactment of this Act, and except as otherwise provided in this Act, the mining townsites are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (h) Survey- A mining townsite to be conveyed by the United States under subsection (d) shall be sufficiently surveyed as a whole to legally describe the land for patent conveyance. (i) Conveyance of Terminated Mining Claims- If a mining claim determined by the Secretary to be valid under subsection (c) is abandoned, invalidated, or otherwise returned to the Bureau of Land Management, the mining claim shall be-- (1) withdrawn in accordance with subsection (g); and (2) subject to the agreement of the owner, conveyed to the owner of the surface rights covered by the mining claim. (j) Release- On completion of the conveyance of a mining townsite under subsection (d), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property. (k) Deadline for Review and Conveyances- It is the sense of Congress that the examination of the unpatented mining claims under subsection (c) and the conveyances under subsection (d) should be completed not later than 18 months after the date of enactment of this Act.