Legislation

Bill Introduced Description
S.1641 Nov-04-13
STATUS: November 4, 2013.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.1641 West Virginia National Heritage Area Act of 2013 (Introduced in Senate - IS) S 1641 IS 113th CONGRESS1st SessionS. 1641 To establish the Appalachian Forest National Heritage Area, and for other purposes. IN THE SENATE OF THE UNITED STATESNovember 4, 2013 Mr. ROCKEFELLER (for himself, Mr. MANCHIN, Mr. CARDIN, and Ms. MIKULSKI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Appalachian Forest National Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `West Virginia National Heritage Area Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--APPALACHIAN FOREST NATIONAL HERITAGE AREA Sec. 101. Findings; purposes. Sec. 102. Definitions. Sec. 103. Appalachian Forest National Heritage Area. Sec. 104. Management plan. Sec. 105. Authorities, duties, and prohibition of the local coordinating entity. Sec. 106. Authorities and duties of the Secretary. Sec. 107. Relationship to other Federal agencies. Sec. 108. Property owners and regulatory protections. Sec. 109. Evaluation. Sec. 110. Funding. Sec. 111. Termination of authority. TITLE II--HERITAGE AREA EXTENSIONS Sec. 201. Extension of the National Coal Heritage Area. Sec. 202. Extension of the Wheeling National Heritage Area. TITLE I--APPALACHIAN FOREST NATIONAL HERITAGE AREA SEC. 101. FINDINGS; PURPOSES. (a) Findings- Congress finds that-- (1) the Heritage Area-- (A) is comprised of 18 counties that are located in West Virginia and western Maryland; and (B) taken as a whole-- (i) possesses exceptional cultural, natural, and historical resources that form a cohesive and nationally distinctive landscape; (ii) demonstrates landscapes that arose from patterns of human activity that were shaped by the geography of the forested central Appalachian Mountains; and (iii) reflects both modern and historical uses by citizens who continue to affect, and be affected by, the landscape of the forest; (2) there is a national interest in protecting, conserving, restoring, promoting, and interpreting the benefits of the Heritage Area for-- (A) the residents of the Heritage Area; and (B) visitors to the Heritage Area; (3) nationally significant historical and cultural resources located in the Heritage Area form a unique aspect of the heritage of the United States; (4) with respect to the economic development of the United States-- (A) the timber harvesting activities in the region helped fuel late 19th century and early 20th century industrial growth throughout the United States; and (B) prominent industrialists of the region were also active in the national economy; (5) workers who participated in the timber boom of the region brought a blending of cultures of European and African-American immigrants; (6) the growth of each community located in the region was impacted by the forested central Appalachian Mountains; (7) the rich culture of central Appalachia-- (A) includes folklife, music, dance, crafts, and other culturally rich traditions; and (B) is inextricably tied to the forest land of the region; (8) significant historical and cultural sites and resources located in the Heritage Area include-- (A) historic sites from the logging era (including the intact logging company town that is located at the Cass Scenic Railroad State Park); (B) historic sites that evidence conservation efforts (including structures constructed by the Civilian Conservation Corps); (C) 5 national historic landmarks; and (D) segments of 4 National Scenic Byways and 1 All-American Road; (9) nationally significant natural and physical resources in the Heritage Area include spectacular natural, scenic, and recreational resources, featuring the core of the central hardwood forest of the United States, which-- (A) as a result of sound forest management and protection of public land, grew from the original cutting of the forest; and (B) includes-- (i) the remnants of old growth forests; (ii) protected wilderness areas; (iii) 14 national natural landmarks; (iv) Federal and State forest lands that were created to foster the regrowth of the forests of the United States, including the Monongahela National Forest, and 9 State forests; (v) experimental forests that demonstrate the evolution of forestry management; (vi) forests managed by public and private entities; and (vii) a dynamic forest industry comprised of mills that demonstrate the ongoing importance of the forest land and forest products to the region; (10) local public and private partnerships that are based on the visions of the community and region are working together to promote the stewardship, enhancement, and interpretation of the resources of the Heritage Area; (11) to promote the goals described in paragraph (10), local residents, organizations, and governments support the establishment of a national heritage area; and (12) involvement by the Federal Government would enhance the efforts to promote the cultural, natural, historical, and recreational resources of the region that have been made by-- (A) the States of West Virginia and Maryland; (B) political subdivisions of the States of West Virginia and Maryland; (C) volunteer organizations; and (D) private businesses. (b) Purposes- The purposes of this title are-- (1) to provide a cooperative management framework to the States of West Virginia and Maryland, the political subdivisions of those States, and the citizens of those States to conserve, enhance, and interpret the significant features of the forest, land, water, and structures of the Heritage Area; and (2) to foster a close working relationship with all levels of government, the private sector, and the local communities of the region to enable those communities-- (A) to conserve the heritage of those communities; and (B) to continue to pursue economic opportunities for those communities. SEC. 102. DEFINITIONS. In this title: (1) HERITAGE AREA- The term `Heritage Area' means the Appalachian Forest National Heritage Area established by section 103(a). (2) LOCAL COORDINATING ENTITY- The term `local coordinating entity' means the management entity for the Heritage Area designated by section 103(d)(1). (3) MANAGEMENT PLAN- The term `management plan' means the management plan for the Heritage Area developed under section 104(a). (4) MAP- The term `map' means the map entitled `Appalachian Forest National Heritage Area', numbered T07/80,000, and dated October 2007. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means each of the States of-- (A) Maryland; and (B) West Virginia. SEC. 103. APPALACHIAN FOREST NATIONAL HERITAGE AREA. (a) Establishment- There is established the Appalachian Forest National Heritage Area. (b) Boundaries- The Heritage Area shall include-- (1) the Barbour, Braxton, Grant, Greenbrier, Hampshire, Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, Upshur, and Webster Counties of the State of West Virginia; and (2) the Allegany and Garrett Counties of the State of Maryland. (c) Availability of Map- A map of the Heritage Area shall be on file and available for public inspection in the appropriate offices of-- (1) the National Park Service; and (2) the local coordinating entity. (d) Local Coordinating Entity- The Appalachian Forest Heritage Area, Inc., shall-- (1) serve as the local coordinating entity for the Heritage Area; and (2) oversee the development of a management plan under section 104(a). SEC. 104. MANAGEMENT PLAN. (a) In General- Not later than 3 years after the date on which funds are first made available to carry out this title, the local coordinating entity shall develop and submit to the Secretary for approval a management plan for the Heritage Area. (b) Requirements- The management plan shall-- (1) present comprehensive policies, goals, strategies, and recommendations for-- (A) presenting to the citizens of the United States the heritage of the region; and (B) encouraging the long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; (2) take into consideration and coordinate Federal, State, and local plans to present a unified historic preservation and interpretation plan; (3) involve residents, public agencies, and private organizations of the Heritage Area; (4) describe actions that units of government, private organizations, and citizens recommend for the protection, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; (5) identify-- (A) existing and potential sources of Federal and non-Federal funding for the protection, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; and (B) economic development strategies for the protection, enhancement, interpretation, funding, management, and development of the resources of the Heritage Area; (6) include-- (A) an inventory of the cultural, natural, historical, educational, scenic, and recreational resources contained in the Heritage Area, including a list of property that-- (i) is related to the themes of the Heritage Area; and (ii) should be protected, enhanced, managed, or developed; (B) a recommendation of policies and strategies for resource management and protection, including the development of intergovernmental cooperative agreements to manage and protect the cultural, natural, historical, educational, scenic, and recreational resources of the Heritage Area; (C) a program of strategies and actions to implement the management plan that includes-- (i) performance goals; (ii) resource protection plans; (iii) enhancement strategies; (iv) interpretation strategies; and (v) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business, or individual; (D) an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated to further the purposes of this title, including an analysis of the role of the National Park Service and other Federal agencies associated with the Heritage Area; (E) a business plan that-- (i) describes the role, operation, financing, and functions of-- (I) the local coordinating entity; and (II) each of the major activities included in the management plan; and (ii) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan; and (F) an interpretive plan for the Heritage Area; and (7) list any revisions to the boundaries of the Heritage Area proposed by the local coordinating entity and requested by the affected local government. (c) Deadline; Termination of Funding- (1) DEADLINE- Not later than 3 years after the date on which funds are made available under section 110(a), the local coordinating entity shall submit the management plan to the Secretary for approval. (2) TERMINATION OF FUNDING- If the management plan is not submitted to the Secretary in accordance with this section, the Secretary shall not provide to the local coordinating entity any additional financial assistance under this title until the management plan is submitted to and approved by the Secretary under subsection (d)(1). (d) Approval of Management Plan- (1) REVIEW- Not later than 180 days after the date of receipt of the management plan under subsection (c)(1), the Secretary shall review and approve or disapprove the management plan. (2) CRITERIA- In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management plan meets all requirements identified in subsection (b); and (B) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan. (e) Action Following Disapproval- If the Secretary disapproves the management plan under subsection (d)(1), the Secretary shall-- (1) advise the local coordinating entity in writing of the reasons for the disapproval; (2) make recommendations for revisions to the management plan; and (3) not later than 180 days after the date of receipt of a proposed revision to the management plan, approve or disapprove the proposed revision. (f) Amendments- (1) IN GENERAL- The Secretary shall review and approve or disapprove each amendment to the management plan that the Secretary determines may substantially alter the purposes of the Heritage Area. (2) USE OF FUNDS- Funds made available under this title shall not be expended by the local coordinating entity to implement an amendment described in paragraph (1) until the Secretary approves the amendment. (g) Effect of Inaction- If the Secretary does not approve or disapprove a management plan, revision, or change within 180 days after it is submitted to the Secretary, then the management plan, revision, or change shall be deemed to have been approved by the Secretary. SEC. 105. AUTHORITIES, DUTIES, AND PROHIBITION OF THE LOCAL COORDINATING ENTITY. (a) Authorities- To prepare and carry out the management plan, the local coordinating entity may use funds made available under this title to-- (1) make grants to-- (A) political jurisdictions; (B) nonprofit organizations; and (C) other parties located in the Heritage Area; (2) enter into cooperative agreements with, or provide technical assistance to-- (A) political jurisdictions; (B) nonprofit organizations; (C) Federal agencies; and (D) other interested parties; (3) hire and compensate staff who have demonstrated expertise in the fields of-- (A) cultural, natural, and historical resources conservation; (B) economic and community development; or (C) heritage planning; (4) obtain funds from any source (including a program that has a cost-sharing requirement); (5) contract for goods or services; and (6) support activities of partners, and any other activities, that-- (A) further the purposes of the Heritage Area; and (B) are consistent with the management plan approved under section 104(d)(1). (b) Duties- In addition to developing the management plan, the local coordinating entity shall-- (1) for any fiscal year for which Federal funds have been received by the local coordinating entity under this title-- (A) submit an annual report to the Secretary that describes-- (i) the specific performance goals and accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; (iii) the amounts and sources of matching funds; (iv) the amounts leveraged with Federal funds and the sources of the leveraging; and (v) any grants made to any other entities during the fiscal year; and (B) make available for audit by Congress, the Secretary, and appropriate units of government, all records pertaining to the expenditure of the funds and any matching funds; and (2) encourage, by appropriate means and consistent with the purposes of the Heritage Area, the economic viability of the Heritage Area. (c) Prohibition on the Acquisition of Real Property- The local coordinating entity shall not use Federal funds made available under this title to acquire real property or any interest in real property. SEC. 106. AUTHORITIES AND DUTIES OF THE SECRETARY. (a) Technical and Financial Assistance- On request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, to the local coordinating entity for-- (1) the development and implementation of the management plan; and (2) other initiatives of the local coordinating entity. (b) Cooperative Agreements- (1) IN GENERAL- To carry out this title, the Secretary may enter into cooperative agreements with the local coordinating entity and other public and private entities to provide assistance under subsection (a). (2) REQUIREMENTS- The cooperative agreement under paragraph (1) shall, at a minimum-- (A) establish the goals and objectives of the Heritage Area; and (B) include-- (i) a proposal relating to the conservation and interpretation of the Heritage Area; and (ii) a general outline describing each measure agreed to by the Secretary and the local coordinating entity. SEC. 107. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General- This title shall not affect the authority of any Federal official to provide technical or financial assistance under any other law. (b) Consultation and Coordination- The head of any Federal agency planning to conduct an activity that may have an impact on the Heritage Area shall, to the maximum extent practicable-- (1) consult with the Secretary and the local coordinating entity regarding the activity; and (2) coordinate the activity with the Secretary and the local coordinating entity. (c) Effect on Other Federal Agencies- Nothing in this title-- (1) modifies, alters, or amends any law (including a regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 108. PROPERTY OWNERS AND REGULATORY PROTECTIONS. Nothing in this title shall be construed to-- (1) abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) require any property owner to permit public access (including Federal, Tribal, State, or local government access) to such property or to modify any provisions of Federal, Tribal, State, or local law with regard to public access or use of private lands; (3) alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any Federal, State, or local agency or Tribal government, or to convey any land use or other regulatory authority to any local coordinating entity; (4) authorize or imply the reservation or appropriation of water or water rights; (5) diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the Heritage Area; or (6) create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. SEC. 109. EVALUATION. (a) In General- Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall conduct an evaluation of the accomplishments of the Heritage Area and prepare a report with recommendations for the National Park Service's future role, if any, with respect to the Heritage Area. (b) Evaluation Components- An evaluation prepared under subsection (a) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and 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) Recommendations- Based upon the evaluation under subsection (a), the Secretary shall prepare a report with recommendations for the National Park Service's future role, if any, with respect to the Heritage Area. (d) Submission to Congress- On completion of a report under subsection (c), the Secretary shall submit the report to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. SEC. 110. FUNDING. (a) Authorization of Appropriations- There is authorized to be appropriated to carry out this title $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Matching Funds- (1) IN GENERAL- As a condition of receiving assistance under subsection (a), the local coordinating entity shall match any amounts provided to the local coordinating entity under this title. (2) FORMS OF PAYMENT- To meet the matching requirement described in paragraph (1), the local coordinating entity shall provide to the Secretary payments that-- (A) shall be derived from non-Federal sources; and (B) may be in-kind contributions of goods or services. SEC. 111. TERMINATION OF AUTHORITY. (a) In General- Subject to subsection (b), the authority of the Secretary to provide financial assistance under this title terminates on the date that is 15 years after the date of enactment of this Act. (b) Exception- The termination of authority of the Secretary under subsection (a) shall not effect the authority of the Secretary to provide to the local coordinating entity technical assistance and administrative oversight. TITLE II--HERITAGE AREA EXTENSIONS SEC. 201. EXTENSION OF THE NATIONAL COAL HERITAGE AREA. Section 107 of Division II of the National Coal Heritage Area Act of 1996 (16 U.S.C. 461 note; 110 Stat. 4244) is amended by striking `2012' and inserting `2017'. SEC. 202. EXTENSION OF THE WHEELING NATIONAL HERITAGE AREA. Section 157(i) of the Wheeling National Heritage Area Act of 2000 (16 U.S.C. 461 note; 114 Stat. 967) is amended by striking `2015' and inserting `2017'.
S.1640 Nov-04-13
STATUS: November 4, 2013.--Introduced. July 30, 2014.--Subcommittee hearing held. S.1640 Pinyon-Juniper Related Projects Implementation Act (Introduced in Senate - IS) S 1640 IS 113th CONGRESS1st SessionS. 1640 To facilitate planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, Nevada, and for other purposes. IN THE SENATE OF THE UNITED STATESNovember 4, 2013 Mr. HELLER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, Nevada, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Pinyon-Juniper Related Projects Implementation Act'. SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS. (a) Availability of Special Account Under Lincoln County Land Act of 2000- Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1048), is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting `and implementation' after `development'; and (B) in subparagraph (C)-- (i) in clause (i), by striking `; and' at the end and inserting a semicolon; (ii) in clause (ii), by striking `; and' at the end and inserting a semicolon; and (iii) by adding at the end the following: `(iii) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and `(iv) completing compliance activities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management-designated Dry Lake Valley North Solar Energy Zone; and'; and (2) by adding at the end the following: `(3) WAIVER OF FEES- Processing of applications for rights-of-way submitted by a local government or regional government to serve land conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. `(4) COOPERATIVE AGREEMENTS- Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County-provided law enforcement and planning related activities regarding-- `(A) wilderness in Lincoln County, Nevada, designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); `(B) cultural resources identified, protected, and managed pursuant to that Act; `(C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and `(D) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to that Act and this Act.'. (b) Availability of Special Account Under Lincoln County Conservation, Recreation, and Development Act of 2004- Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is amended-- (1) in subsection (b)(3)-- (A) in subparagraph (E), by striking `; and' at the end and inserting a semicolon; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: `(G) planning, permitting, administration, implementation, and monitoring of pinyon-juniper dominated landscape restoration projects within Lincoln County, consistent with the Ely Resource Management Plan; and `(H) completing compliance activities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), related mitigation plans, and archeological research and resource inventory in compliance with the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), and Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act') (42 U.S.C. 1996) for areas of proposed land use authorizations and rights-of-way required for development of land conveyed pursuant to this Act and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046) and as required for authorization of leases, rights-of-way, and development within the Bureau of Land Management-designated Dry Lake Valley North Solar Energy Zone.'; and (2) by adding at the end the following: `(d) Waiver of Fees- Processing of applications for rights-of-way submitted by a local government or regional government to serve lands conveyed pursuant to this Act shall not require payment of cost recovery fees or payment of contributed funds. `(e) Cooperative Agreements- Establishment and funding of cooperative agreements between the Bureau of Land Management and Lincoln County, Nevada, shall be required for County-provided law enforcement and planning related activities regarding-- `(1) wilderness in Lincoln County, Nevada, designated by this Act; `(2) cultural resources identified, protected, and managed pursuant to this Act; `(3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and `(4) planning associated with land disposal and related land use authorizations required for utility corridors and rights of way to serve land that has been, or is to be, disposed of pursuant to this Act and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046).'. SEC. 3. DISPOSITION OF PROCEEDS. (a) Disposition of Proceeds Under Lincoln County Land Act of 2000- Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047) is amended by inserting `and economic development' after `schools'. (b) Disposition of Proceeds Under Lincoln County Conservation, Recreation, and Development Act of 2004- Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended by striking `and transportation' and inserting `transportation, and economic development'. SEC. 4. CERTAIN LAND IN UTILITY CORRIDOR NOT WITHDRAWN. Section 301(c) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) is amended in the matter preceding paragraph (1) by inserting `(other than land in the corridor located in sections 7, 8, 9, 10, and 15, T. 7 N., R. 68 E.)' after `subsection (a)'.
S.1630 Oct-31-13
STATUS: October 31, 2013.--Introduced. November 4, 2013.--Mr. Risch added as cosponsor. S.1630 Water Rights Protection Act (Introduced in Senate - IS) S 1630 IS 113th CONGRESS1st SessionS. 1630 To prohibit the conditioning of any permit, lease, or other use agreement on the transfer, relinquishment, or other impairment of any water right to the United States by the Secretaries of the Interior and Agriculture. IN THE SENATE OF THE UNITED STATESOctober 31, 2013 Mr. BARRASSO (for himself, Mr. ENZI, Mr. LEE, Mr. HELLER, Mr. HATCH, Mr. CRAPO, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit the conditioning of any permit, lease, or other use agreement on the transfer, relinquishment, or other impairment of any water right to the United States by the Secretaries of the Interior and Agriculture. 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 `Water Rights Protection Act'. SEC. 2. TREATMENT OF WATER RIGHTS. The Secretary of the Interior and the Secretary of Agriculture-- (1) shall not condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer or relinquishment of any water right directly to the United States, in whole or in part, granted under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact and the Secretary of the Interior and the Secretary of Agriculture; and (2) shall not require any water user to apply for a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement.
S.1627 Oct-31-13
STATUS: October 31, 2013.--Introduced. S.1627 American Renewable Energy and Efficiency Act (Introduced in Senate - IS) S 1627 IS 113th CONGRESS1st SessionS. 1627 To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for electricity and natural gas suppliers, and for other purposes. IN THE SENATE OF THE UNITED STATESOctober 31, 2013 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for electricity and natural gas suppliers, 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 `American Renewable Energy and Efficiency Act'. SEC. 2. FEDERAL RENEWABLE ELECTRICITY STANDARD. Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding after section 609 (7 U.S.C. 918c) the following: `SEC. 610. FEDERAL RENEWABLE ELECTRICITY STANDARD. `(a) Findings- Congress finds that-- `(1) 118 countries have national goals for renewable electricity production and 30 States and the District of Columbia have enacted mandatory renewable electricity standards; `(2) the Federal renewable electricity standard established by this section establishes a market-based policy to create ongoing competition among renewable electricity generators across the United States and provide the greatest quantity of clean electricity for the lowest price; and `(3) the United States has vast wind, solar, hydropower, biomass, and geothermal resources that-- `(A) are renewable; `(B) are dispersed widely across different regions of the United States; and `(C) can be harnessed to generate a significant share of electricity in the United States. `(b) Definitions- In this section: `(1) BROWNFIELD SITE GENERATION FACILITY- The term `brownfield site generation facility' means a facility that-- `(A) generates renewable electricity from a renewable energy resource; and `(B) occupies a brownfield site (as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)). `(2) DISTRIBUTED RENEWABLE GENERATION FACILITY- The term `distributed renewable generation facility' means a facility that-- `(A) generates renewable electricity; `(B) primarily serves one or more electricity consumers at or near the facility site; and `(C) has not more than 2 megawatts in capacity. `(3) FEDERAL RENEWABLE ELECTRICITY CREDIT- The term `Federal renewable electricity credit' means a credit, representing 1 megawatt hour of renewable electricity, issued pursuant to subsection (f). `(4) INDIAN LAND- The term `Indian land' means-- `(A) any land within the limits of any Indian reservation, pueblo, or rancheria; `(B) any land not within the limits of any Indian reservation, pueblo, or rancheria, title to which was on the date of enactment of this section held by-- `(i) the United States for the benefit of any Indian tribe or individual; or `(ii) any Indian tribe or individual subject to restriction by the United States against alienation; `(C) any dependent Indian community; or `(D) any land conveyed under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to any Native Corporation (as that term is defined in section 3 of that Act (43 U.S.C. 1602)). `(5) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community (including any Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. `(6) QUALIFIED HYDROPOWER- The term `qualified hydropower' means-- `(A) energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 2001, at a hydroelectric facility that-- `(i) was placed in service before that date; and `(ii) does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or `(B) energy produced from generating capacity added to a dam on or after January 1, 2001, if the Commission certifies that-- `(i) the dam-- `(I) was placed in service before the date of enactment of this section; `(II) was operated for flood control, navigation, or water supply purposes; and `(III) was not producing hydroelectric power prior to the addition of the capacity; `(ii) the hydroelectric project installed on the dam-- `(I) is licensed or is exempt from licensing by the Commission; `(II) is in compliance with-- `(aa) the terms and conditions of the license or exemption; and `(bb) other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and `(III) is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway. `(7) QUALIFIED RENEWABLE BIOMASS- The term `qualified renewable biomass' means renewable biomass that, when combusted, yields, on a weighted-average basis, a 50-percent reduction in lifecycle greenhouse gas emissions (as defined in section 4(a) of the American Renewable Energy and Efficiency Act) per unit of useful energy, as compared to the operation of a combined cycle natural gas electric generating facility using the most efficient commercially available technology, when calculated over a 20-year life cycle. `(8) RENEWABLE BIOMASS- The term `renewable biomass' means-- `(A) crops, crop byproducts, or crop residues harvested from actively managed or fallow agricultural land that is-- `(i) nonforested; and `(ii) cleared prior to the date of enactment of this section; `(B) planted trees, brush, slash, and all residues from an actively managed tree farm located on non-Federal land cleared prior to the date of enactment of this section; `(C) precommercial-sized thinnings, slash, brush, and residue from milled trees, from forested land that is not-- `(i) old-growth or mature forest; `(ii) identified under a State natural heritage program as rare, imperiled, or critically imperiled; or `(iii) Federal land; `(D) algae; `(E) nonhazardous plant matter derived from waste-- `(i) including separated yard waste, landscape right-of-way trimmings, or food waste; but `(ii) not including municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals; `(F) animal waste or animal byproducts, including products of animal waste digesters; `(G) vegetative matter removed from within 200 yards of any manmade structure or campground; and `(H) slash and precommercial-sized thinnings harvested-- `(i) in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and `(ii) from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), other than-- `(I) components of the National Wilderness Preservation System established under the Wilderness Act (16 U.S.C. 1131 et seq.); `(II) Wilderness Study Areas, as identified by the Bureau of Land Management; `(III) inventoried roadless areas and all unroaded areas of at least 5,000 acres; `(IV) old growth and late seral stands; `(V) components of the National Landscape Conservation System administered by the Bureau of Land Management; and `(VI) national monuments. `(9) RENEWABLE ELECTRICITY- The term `renewable electricity' means electricity generated (including by means of a fuel cell) from a renewable energy resource. `(10) RENEWABLE ENERGY RESOURCE- The term `renewable energy resource' means each of the following: `(A) Wind energy. `(B) Solar energy. `(C) Geothermal energy. `(D) Qualified renewable biomass. `(E) Biogas derived from qualified renewable biomass. `(F) Biofuels derived from qualified renewable biomass. `(G) Qualified hydropower. `(H) Marine and hydrokinetic renewable energy (as defined in section 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211)). `(I) Landfill gas. `(11) RETAIL ELECTRIC SUPPLIER- `(A) IN GENERAL- The term `retail electric supplier' means, for any calendar year, an electric utility that sells not fewer than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. `(B) INCLUSIONS AND LIMITATIONS- For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)-- `(i) the sales made by any affiliate of the electric utility to electric consumers, other than sales to lessees or tenants of the affiliate, for purposes other than resale shall be considered to be sales made by the electric utility; and `(ii) sales made by the electric utility to an affiliate, lessee, or tenant of the electric utility shall not be treated as sales to electric consumers. `(C) AFFILIATE- In this paragraph, the term `affiliate' when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, that person, as determined under regulations promulgated by the Commission. `(12) RETAIL ELECTRIC SUPPLIER'S BASE QUANTITY- The term `retail electric supplier's base quantity' means the total quantity of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding-- `(A) electricity generated by a hydroelectric facility, other than qualified hydropower; and `(B) electricity generated by the combustion of municipal solid waste. `(13) RETIRE AND RETIREMENT- The terms `retire' and `retirement' with respect to a Federal renewable electricity credit, means to disqualify the credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation. `(c) Annual Compliance Obligation- Except as otherwise provided in subsection (g), for each of calendar years 2015 through 2040, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission a quantity of Federal renewable electricity credits that is equal to at least the annual target of the retail electric supplier under subsection (e). `(d) Establishment of Program- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. `(2) CONSIDERATIONS- In promulgating regulations under paragraph (1), the Commission shall, to the maximum extent practicable-- `(A) preserve the integrity and incorporate best practices of existing State and tribal renewable electricity programs; `(B) rely on existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; and `(C) cooperate with States and Indian tribes-- `(i) to facilitate coordination between State, tribal, and Federal renewable electricity programs; and `(ii) to minimize administrative burdens and costs to retail electric suppliers. `(e) Annual Compliance Requirement- `(1) ANNUAL TARGETS- For each of calendar years 2015 through 2040, the annual target of a retail electric supplier shall be equal to the product obtained by multiplying-- `(A) the required annual percentage for that calendar year under paragraph (2); and `(B) the retail electric supplier's base quantity for that calendar year. `(2) REQUIRED ANNUAL PERCENTAGE- `(A) CALENDAR YEARS 2015 THROUGH 2040- Subject to subparagraph (B), for each of calendar years 2015 through 2040, the required annual percentage shall be as follows: Required annual`Year:percentage: 2015 --6 2016 --7 2017 --9 2018 --11 2019 --13 2020 --15 2021 --17 2022 --19 2023 --21 2024 --23 2025-2040 --25. `(B) INCREASE AUTHORIZED FOR CALENDAR YEARS 2026 THROUGH 2040- The Commission may issue orders increasing the required annual percentage amounts for each of calendar years 2026 through 2040 to reflect the maximum achievable level of renewable electricity generation potential, taking into account regional resource availability, economic feasibility, and technological capability. `(f) Federal Renewable Electricity Credits- `(1) IN GENERAL- `(A) ISSUANCE; TRACKING; VERIFICATION- The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. `(B) CREDIT RATIO- Except as provided in paragraphs (2) through (4), the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by the generator after December 31, 2014. `(C) SERIAL NUMBER- The Commission shall assign a unique serial number to each Federal renewable electricity credit. `(2) GENERATION FROM CERTAIN STATE RENEWABLE ELECTRICITY PROGRAMS- `(A) IN GENERAL- If renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to the retail electric supplier for the portion of the relevant renewable electricity generation that is attributable to payments made by the retail electric supplier, as determined pursuant to regulations promulgated by the Commission. `(B) REMAINING PORTION- For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that not more than 1 Federal renewable electricity credit shall be issued for the same megawatt hour of electricity. `(C) STATE GUIDANCE- In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators under this paragraph, the Commission shall consider information and guidance issued by the applicable one or more States. `(3) CERTAIN POWER SALES CONTRACTS- Except as otherwise provided in paragraph (2), if a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with the generation, the Commission shall issue the Federal renewable electricity credits to the retail electric supplier for the duration of the contract. `(4) CREDIT MULTIPLIERS- `(A) IN GENERAL- Except as provided in subparagraph (B), the Commission shall issue-- `(i) not more than 3 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a distributed renewable generation facility; `(ii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated on Indian land; and `(iii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a brownfield site generation facility. `(B) ADJUSTMENT- Except as provided in subparagraph (C), not later than January 1, 2017, and not less frequently than every 4 years thereafter, the Commission shall review the effect of this paragraph on the aggregate quantity of renewable electricity produced under the standard and shall, as necessary and after providing 1 year of notice, reduce the number of Federal renewable electricity credits per megawatt hour issued under this paragraph for any given energy source or facility, but not below one, to ensure that the number is no higher than the Commission determines is necessary-- `(i) to incentivize incremental renewable energy generation on Indian land and brownfield sites; and `(ii) to make distributed renewable generation facilities cost competitive with other sources of renewable electricity generation. `(C) FACILITIES PLACED IN SERVICE AFTER ENACTMENT- `(i) IN GENERAL- For any renewable generation facility placed in service after the date of enactment of this section, subparagraph (B) shall not apply for the first 10 years after the date on which the facility is placed in service. `(ii) INITIAL PERIOD- For each year during the 10-year period described in clause (i), the Commission shall issue to the facility the same number of Federal renewable electricity credits per megawatt hour as are issued to that facility in the year in which the facility is placed in service. `(iii) SUBSEQUENT PERIOD- After the 10-year period described in clause (i), the Commission shall issue Federal renewable electricity credits to the facility in accordance with subparagraph (B). `(5) CREDITS BASED ON QUALIFIED HYDROPOWER- For purposes of this subsection, the number of Federal renewable electricity credits issued for qualified hydropower shall be calculated-- `(A) based solely on the increase in average annual generation directly resulting from the efficiency improvements or capacity additions described in subsection (a)(6)(A); and `(B) using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility, as certified by the Commission. `(6) GENERATION FROM MIXED RENEWABLE AND NONRENEWABLE RESOURCES- If electricity is generated using both a renewable energy resource and an energy source that is not a renewable energy resource (such as cofiring of renewable biomass and fossil fuel), the Commission shall issue Federal renewable electricity credits based on the proportion of the electricity that is attributable to the renewable energy resource. `(7) PROHIBITION AGAINST DOUBLE-COUNTING- The Commission shall ensure that-- `(A) no Federal renewable electricity credit is used more than once for compliance with this section; and `(B) except as provided in paragraph (4), not more than 1 Federal renewable electricity credit is issued for any megawatt hour of renewable electricity. `(8) TRADING- The lawful holder of a Federal renewable electricity credit may-- `(A) sell, exchange, or transfer the credit; `(B) submit the credit for compliance under subsection (c); or `(C) submit the credit for retirement by the Commission. `(9) BANKING- `(A) IN GENERAL- A Federal renewable electricity credit may be submitted in satisfaction of the compliance obligation under subsection (c) for the compliance year in which the credit was issued or for any of the 3 immediately subsequent compliance years. `(B) RETIREMENT- The Commission shall retire any Federal renewable electricity credit that has not been retired by April 2 of the calendar year that is 3 years after the calendar year during which the credit was issued. `(10) RETIREMENT- The Commission shall retire a Federal renewable electricity credit immediately upon submission by the lawful holder of the credit, whether in satisfaction of a compliance obligation under subsection (c) or for another reason. `(g) Alternative Compliance Payments- `(1) IN GENERAL- A retail electric supplier may satisfy the requirements of subsection (c) in whole or in part by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit that would otherwise be due, a payment equal to $50, adjusted for inflation on January 1 of each year following calendar year 2015, in accordance with regulations promulgated by the Commission. `(2) PAYMENT TO STATE FUNDS- `(A) IN GENERAL- Except as otherwise provided in this paragraph, payments made under this subsection shall be made directly to one or more States in which the retail electric supplier sells electric energy, in proportion to the portion of the retail electric supplier's base quantity that is sold within each applicable State, if-- `(i) the payments are deposited directly into a fund of the State treasury established for that purpose; and `(ii) the State uses the funds in accordance with paragraphs (3) and (4). `(B) NONCOMPLIANCE- If the Commission determines that a State is in substantial noncompliance with paragraph (3) or (4), the Commission shall direct that any future alternative compliance payments that would otherwise be paid to the State under this subsection shall instead be paid to the Commission and deposited in the Treasury. `(3) STATE USE OF FUNDS- As a condition of receipt of alternative compliance payments under this subsection, a State shall use the payments exclusively for-- `(A) deploying technologies that generate electricity from renewable energy resources; or `(B) implementing cost-effective energy efficiency programs to achieve electricity savings. `(4) REPORTING- `(A) IN GENERAL- As a condition of receipt of alternative compliance payments pursuant to this subsection, a State shall submit to the Commission an annual report, in accordance with regulations promulgated by the Commission, containing a full accounting of the use of the payments, including a detailed description of the activities funded by the payments and demonstrating compliance with the requirements of this subsection. `(B) DEADLINE- A State shall submit a report under this paragraph-- `(i) not later than 1 year after the date on which the first alternative compliance payment is received; and `(ii) every 1 year thereafter until all alternative compliance payments are expended. `(h) Information Collection- `(1) IN GENERAL- The Commission may require any retail electric supplier, renewable electricity generator, or any other entity that the Commission determines appropriate, to provide any information the Commission determines appropriate to carry out this section. `(2) FAILURE TO SUBMIT; FALSE OR MISLEADING INFORMATION- Any entity required to submit information under paragraph (1) that fails to submit the information or submits false or misleading information shall be in violation of this section. `(i) Enforcement and Judicial Review- `(1) FAILURE TO SUBMIT CREDITS- If any person fails to comply with the requirements of subsection (c) or (g), the person shall be liable to pay to the Commission a civil penalty equal to the product obtained by multiplying-- `(A) double the alternative compliance payment calculated under subsection (g)(1); and `(B) the aggregate quantity of Federal renewable electricity credits or equivalent alternative compliance payments that the person failed to submit in violation of the requirements of subsections (c) and (g). `(2) ENFORCEMENT- The Commission shall assess a civil penalty under paragraph (1) in accordance with the procedures described in section 31(d) of the Federal Power Act (16 U.S.C. 823b(d)). `(3) VIOLATION OF REQUIREMENT OF REGULATIONS OR ORDERS- `(A) IN GENERAL- Any person who violates or fails or refuses to comply with any requirement of a regulation promulgated or order issued under this section shall be subject to a civil penalty under section 316A(b) of the Federal Power Act (16 U.S.C. 825o-1(b)). `(B) ASSESSMENT- The penalty under subparagraph (A) shall be assessed by the Commission in the same manner as in the case of a violation referred to in section 316A(b) of that Act. `(4) JUDICIAL REVIEW- `(A) IN GENERAL- Any person aggrieved by a final action taken by the Commission under this section, other than the assessment of a civil penalty under paragraphs (1) through (3), may use the procedures for review described in section 313 of the Federal Power Act (16 U.S.C. 825 l ). `(B) REFERENCE- For purposes of this paragraph, references to an order in section 313 of that Act shall be considered to refer also to all other final actions of the Commission under this section other than the assessment of a civil penalty under paragraphs (1) through (3). `(j) Administration- Nothing in this section-- `(1) diminishes or qualifies any authority of a State, a political subdivision of a State, or an Indian tribe-- `(A) to adopt or enforce any law or regulation respecting renewable electricity, including any law or regulation establishing requirements that are more stringent than those established by this section, provided that no such law or regulation may relieve any person of any requirement otherwise applicable under this section; or `(B) to regulate the acquisition and disposition of Federal renewable electricity credits by retail electric suppliers within the jurisdiction of the State, political subdivision, or Indian tribe, including the authority to require the retail electric supplier to acquire and submit to the Commission for retirement Federal renewable electricity credits in excess of those submitted under this section; or `(2) affects the application of or the responsibility for compliance with any other provision of law or regulation, including environmental and licensing requirements. `(k) Sunset- The authority provided by this section expires on December 31, 2041.'. SEC. 3. CLARIFYING STATE AUTHORITY TO ADOPT RENEWABLE ENERGY INCENTIVES. Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) is amended by adding at the end the following: `(o) Clarification of State Authority To Adopt Renewable Energy Incentives- `(1) DEFINITION OF STATE-APPROVED PRODUCTION INCENTIVE PROGRAM- In this subsection, the term `State-approved production incentive program' means a requirement imposed pursuant to State law or by a State regulatory authority acting within its authority under State law that an electric utility purchase renewable energy (as defined in section 609(a)) at a specified rate. `(2) STATE AUTHORITY TO ADOPT RENEWABLE ENERGY INCENTIVES- Notwithstanding any other provision of this Act or the Federal Power Act (16 U.S.C. 791a et seq.), a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily participates in the State-approved production incentive program.'. SEC. 4. GUIDELINES FOR DETERMINING QUALIFIED RENEWABLE BIOMASS. (a) Definitions- In this section: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency. (2) LIFECYCLE GREENHOUSE GAS EMISSIONS- (A) IN GENERAL- The term `lifecycle greenhouse gas emissions' means the aggregate quantity of greenhouse gas emissions, adjusted to account for the relative global warming potential of the emissions relative to all greenhouse gas emissions. (B) INCLUSIONS- For purposes of subparagraph (A), the term `greenhouse gas emissions' includes-- (i) direct emissions; and (ii) significant indirect emissions, including from-- (I) land use changes and temporal changes in forest carbon sequestration; (II) biomass harvests, regrowth, and avoided decomposition related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution; and (III) feedstock generation or extraction through the distribution and delivery of the finished fuel to the ultimate consumer. (b) Guidelines- Not later than 1 year after the date of enactment of this Act, the Administrator shall, recognizing the recommendations of and coordinating with the Scientific Advisory Board of the Environmental Protection Agency regarding the accounting of biogenic carbon dioxide emissions and after notice and public comment, issue guidelines for calculating lifecycle greenhouse gas emissions for renewable biomass (as that term is defined in section 610(a) of the Public Utility Regulatory Policies Act of 1978). SEC. 5. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL ELECTRICITY AND NATURAL GAS SUPPLIERS. (a) In General- Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) (as amended by section 2) is amended by adding after section 610 the following: `SEC. 611. FEDERAL ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL ELECTRICITY AND NATURAL GAS SUPPLIERS. `(a) Findings- Congress finds that-- `(1) the Federal energy efficiency resource standard established by this section-- `(A) establishes nationwide minimum levels of electricity and natural gas savings to be achieved through utility efficiency programs, building energy codes, appliance standards, and related efficiency measures; and `(B) rewards energy-saving improvements achieved through-- `(i) end-use energy efficiency upgrades; `(ii) reduced losses in transmission and distribution of energy; and `(iii) fuel-switching, to the extent that the switching results in reduced primary energy use; and `(2) in light of the cost-effective energy efficiency opportunities that exist across the United States in every sector of the economy, retail electricity suppliers, retail natural gas suppliers, and States should-- `(A) consider energy efficiency as a resource in utility planning and procurement activities; and `(B) seek to achieve all energy efficiency that is available at lower cost than other energy supply options. `(b) Definitions- In this section: `(1) AFFILIATE- The term `affiliate' when used in relation to a person, means another person that owns or controls, is owned or controlled by, or is under common ownership control with, that person, as determined under regulations promulgated by the Secretary. `(2) ASHRAE, ANSI, AND IESNA- The terms `ASHRAE', `ANSI', and `IESNA' mean the American Society of Heating, Refrigerating and Air Conditioning Engineers, the American National Standards Institute, and the Illuminating Engineering Society of North America, respectively. `(3) BASE QUANTITY- `(A) IN GENERAL- The term `base quantity', with respect to a retail electricity supplier or retail natural gas supplier, means, for each calendar year for which a performance standard is established under subsection (d), the average annual quantity of electricity or natural gas delivered by the retail electricity supplier or retail natural gas supplier to retail customers during the 3 calendar years immediately preceding the first year that compliance is required under subsection (d)(1). `(B) EXCLUSION- The term `base quantity', with respect to a retail natural gas supplier, does not include natural gas delivered for purposes of electricity generation. `(4) CHP SAVINGS- The term `CHP savings' means-- `(A) CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and `(B) the increase in CHP system savings from upgrading or replacing, after the date of enactment of this section, a combined heat and power system that commenced operation on or before the date of enactment of this section. `(5) CHP SYSTEM SAVINGS- The term `CHP system savings' means the electric output, and the electricity saved due to the mechanical output, of a combined heat and power system, adjusted to reflect any increase in fuel consumption by that system as compared to the fuel that would have been required to produce an equivalent useful thermal energy output in a separate thermal-only system, as determined in accordance with regulations promulgated by the Secretary. `(6) CODES AND STANDARDS SAVINGS- `(A) IN GENERAL- The term `codes and standards savings' means a reduction in end-use electricity or natural gas consumption by a retail electricity supplier or in the service territory of a retail natural gas supplier as a result of the adoption and implementation, after the date of enactment of this section, of new or revised appliance and equipment efficiency standards or building energy codes. `(B) BASELINES- In calculating codes and standards savings under subparagraph (A)-- `(i) the baseline for calculating savings from building codes shall be the more stringent of-- `(I)(aa) the 2009 International Energy Conservation Code for residential buildings; or `(bb) the ASHRAE/ANSI/IESNA Standard 90.1-2007 for commercial buildings; or `(II) the applicable State building code in effect on date of enactment of this section; and `(ii) the baseline for calculating savings from appliance standards shall be the average efficiency of new appliances in the applicable one or more categories prior to the adoption and implementation of the new standard. `(7) COMBINED HEAT AND POWER SYSTEM- The term `combined heat and power system' means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, if-- `(A) the system meets any requirements relating to efficiency and other operating characteristics that the Secretary promulgates by regulation; and `(B) the net wholesale sales of electricity by a facility does not exceed 50 percent of total annual electric generation by the facility. `(8) COST-EFFECTIVE- The term `cost-effective', with respect to an energy efficiency measure, means that the measure achieves a net present value of economic benefits over the life of the measure, both directly to the energy consumer and to the economy, that is greater than the net present value of the cost of the measure over the life of the measure, both directly to the energy consumer and to the economy, using the societal benefit-cost test calculated using the weighted average utility cost of capital as the discount rate. `(9) CUSTOMER FACILITY SAVINGS- The term `customer facility savings' means a reduction in end-use electricity or natural gas consumption (including waste heat energy savings) at a facility of an end-use consumer of electricity or natural gas served by a retail electricity supplier or natural gas supplier, as compared to-- `(A) in the case of a new facility, consumption at a reference facility of average efficiency; `(B) in the case of an existing facility, consumption at the facility during a base period of not less than 1 year; `(C) in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type, except that customer savings under this subparagraph shall not be counted towards customer savings under subparagraph (A) or (B); and `(D) in the case of new equipment that replaces existing equipment with remaining useful life-- `(i) consumption of the existing equipment for the remaining useful life of the equipment; and `(ii) thereafter, consumption of new equipment of average efficiency. `(10) ELECTRICITY SAVINGS- The term `electricity savings' means reductions in electricity consumption achieved through measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to-- `(A) customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility; `(B) reductions in distribution system losses of electricity achieved by a retail electricity supplier, as compared to losses attributable to new or replacement distribution system equipment of average efficiency, as defined in regulations promulgated by the Secretary; `(C) CHP savings; `(D) codes and standards savings of electricity; and `(E) fuel switching energy savings that results in net savings of electricity. `(11) FUEL SWITCHING ENERGY SAVINGS- `(A) IN GENERAL- The term `fuel-switching energy savings' means net energy savings, calculated in accordance with subparagraph (B), from end-user switches from 1 energy source to another, as determined in accordance with regulations promulgated by the Secretary. `(B) CALCULATION- For purposes of calculating fuel-switching net energy savings-- `(i) electricity use shall be evaluated based on the average quantity of fuel burned at a power plant to provide each kilowatt hour of electricity; `(ii) electricity and natural gas use shall include losses in the transmission and distribution system; and `(iii) fuel-switching that is not cost-effective to the end-user shall not be counted. `(12) NATURAL GAS SAVINGS- The term `natural gas savings' means reductions in natural gas consumption from measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to-- `(A) customer facility savings of natural gas, adjusted to reflect any associated increase in electricity consumption or consumption of other fuels at the facility; `(B) reductions in leakage, operational losses, and consumption of natural gas fuel to operate a gas distribution system, achieved by a retail natural gas supplier, as compared to similar leakage, losses, and consumption during a base period of not less than 1 year; `(C) codes and standards savings of natural gas; and `(D) fuel switching energy savings that results in net savings of natural gas. `(13) POWER POOL- The term `power pool' means an association of two or more interconnected electric systems that have entered into an agreement to coordinate operations and planning for improved reliability and efficiencies, including a Regional Transmission Organization or an Independent System Operator, as determined by the Secretary. `(14) REPORTING PERIOD- The term `reporting period' means-- `(A) calendar year 2015; and `(B) each successive 2-calendar-year period thereafter. `(15) RETAIL ELECTRICITY SUPPLIER- `(A) IN GENERAL- The term `retail electricity supplier' means, for any given calendar year, an electric utility that sells not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar. `(B) INCLUSIONS AND LIMITATIONS- For purposes of determining whether an electric utility qualifies as a retail electricity supplier under subparagraph (A)-- `(i) deliveries by any affiliate of an electric utility to electric consumers for purposes other than resale shall be considered to be deliveries by the electric utility; and `(ii) deliveries by any electric utility to a lessee, tenant, or affiliate of the electric utility shall not be considered to be deliveries to electric consumers. `(16) RETAIL NATURAL GAS SUPPLIER- `(A) IN GENERAL- The term `retail natural gas supplier' means, for any given calendar year, a local distribution company (as defined in section 2 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3301)), that delivered to natural gas consumers more than 5,000,000,000 cubic feet of natural gas for purposes other than resale during the preceding calendar year. `(B) INCLUSIONS AND LIMITATIONS- For purposes of determining whether a person qualifies as a retail natural gas supplier under subparagraph (A)-- `(i) deliveries of natural gas by any affiliate of a local distribution company to consumers for purposes other than resale shall be considered to be deliveries by the local distribution company; and `(ii) deliveries of natural gas to a lessee, tenant, or affiliate of a local distribution company shall not be considered to be deliveries to natural gas consumers. `(17) THIRD-PARTY EFFICIENCY PROVIDER- The term `third-party efficiency provider' means any retailer, building owner, energy service company, financial institution or other commercial, industrial or nonprofit entity that is capable of providing electricity savings or natural gas savings in accordance with subsections (e) and (f). `(18) WASTE HEAT ENERGY SAVINGS- `(A) IN GENERAL- The term `waste heat energy savings' means a reduction in electricity or natural gas consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted, as determined in accordance with regulations promulgated by the Secretary. `(B) INCLUSION- Such savings shall be included as part of customer facility savings. `(c) Establishment of Program- `(1) REGULATIONS- Not later than 1 year after the date of enactment of this section, the Secretary shall, by regulation, establish a program to implement and enforce the requirements of this section, including by-- `(A) defining the term `cost-effective' (as used in subsection (a)); `(B) establishing measurement and verification procedures and standards under subsection (f); `(C) establishing requirements under which retail electricity suppliers and retail natural gas suppliers shall-- `(i) demonstrate, document, and report the compliance of the retail electricity suppliers and retail natural gas suppliers with the performance standards under subsection (d); and `(ii) estimate the impact of the standards on current and future electricity and natural gas use in the service territories of the suppliers; and `(D) establishing requirements governing applications for, and implementation of, delegated State administration under subsection (h). `(2) COORDINATION WITH STATE PROGRAMS- In establishing and implementing this section, the Secretary shall, to the maximum extent practicable, preserve the integrity and incorporate best practices of existing State energy efficiency programs. `(d) Performance Standards- `(1) COMPLIANCE OBLIGATION- Not later than May 1 of the calendar year immediately following each reporting period-- `(A) each retail electricity supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that the retail electricity supplier has achieved cumulative electricity savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of the retail electricity supplier, subject to business-as-usual consumption projections calculated in accordance with subsection (f)(1)(P); and `(B) each retail natural gas supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that it has achieved cumulative natural gas savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of such retail natural gas supplier, subject to business-as-usual consumption projections calculated in accordance with subsection (f)(1)(P). `(2) STANDARDS FOR 2015 THROUGH 2025- For each of calendar years 2015 through 2025, the applicable percentages are as follows: --------------------------------------------------------------------------------------------------- `Calendar Year Cumulative Electricity Savings Percentage Cumulative Natural Gas Savings Percentage --------------------------------------------------------------------------------------------------- 2015 1.00 0.50 2016 2.00 1.25 2017 3.00 2.00 2018 4.25 3.00 2019 5.50 4.00 2020 7.00 5.00 2021 8.50 6.00 2022 10.00 7.00 2023 11.50 8.00 2024 13.25 9.00 2025 15.00 10.00. --------------------------------------------------------------------------------------------------- `(3) SUBSEQUENT YEARS- `(A) CALENDAR YEARS 2026 THROUGH 2040- Not later than December 31, 2023, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for each of calendar years 2026 through 2040. `(B) SUBSEQUENT EXTENSIONS- Except as provided in subparagraph (A), not later than December 31 of the penultimate reporting period for which performance standards have been established under this paragraph, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for the 10-calendar-year period following the last calendar year for which performance standards previously were established. `(C) REQUIREMENTS- The Secretary shall establish standards under this paragraph at levels reflecting the maximum achievable level of cost-effective energy efficiency potential, taking into account-- `(i) cost-effective energy savings achieved by leading retail electricity suppliers and retail natural gas suppliers; `(ii) opportunities for new codes and standard savings; `(iii) technology improvements; and `(iv) other indicators of cost-effective energy efficiency potential. `(D) MINIMUM PERCENTAGE- In no case shall the applicable percentages for any calendar year be less than the applicable percentages for calendar year 2025 (including any increase in the standard for calendar year 2025 established pursuant to paragraph (4)). `(4) MIDCOURSE REVIEW AND ADJUSTMENT OF STANDARDS- `(A) IN GENERAL- Not later than December 31, 2020, and at 10-year intervals thereafter, the Secretary shall-- `(i) review the most recent standards established under paragraph (2) or (3); and `(ii) increase the standards by regulation if the Secretary determines that additional cost-effective energy efficiency potential is achievable, taking into account the requirements described in paragraph (3)(C). `(B) LEAD TIME- If the Secretary revises standards under this paragraph, the regulations shall provide adequate lead time to ensure that compliance with the increased standards is feasible. `(5) DELAY OF SUBMISSION FOR FIRST REPORTING PERIOD- `(A) IN GENERAL- Notwithstanding paragraphs (1) and (2), for the 2016 reporting period, the Secretary may accept a request from a retail electricity supplier or a retail natural gas supplier to delay the required submission of documentation of all or part of the required savings for up to 2 years. `(B) PLAN FOR COMPLIANCE- The request for delay under subparagraph (A) shall include a plan for coming into full compliance by the end of the 2016-2017 reporting period. `(6) APPLYING UNUSED SAVINGS TO FUTURE YEARS- If savings achieved in a year exceed the performance standards specified in this subsection, any savings in excess of the performance standards may be applied toward performance standards specified for future years. `(e) Transfers of Electricity or Natural Gas Savings- `(1) BILATERAL CONTRACTS FOR SAVINGS TRANSFERS- Subject to the limitations of this subsection, a retail electricity supplier or retail natural gas supplier may use electricity savings or natural gas savings purchased pursuant to a bilateral contract from another retail electricity supplier or retail natural gas supplier, a State, or a third-party efficiency provider to meet the applicable performance standard under subsection (d). `(2) REQUIREMENTS- Electricity savings or natural gas savings purchased and used for compliance under this subsection shall be-- `(A) measured and verified in accordance with subsection (f); `(B) reported in accordance with subsection (d); and `(C) achieved within the same State as is served by the retail electricity supplier or retail natural gas supplier. `(3) EXCEPTION- Notwithstanding paragraph (2)(C), a State regulatory authority may authorize a retail electricity supplier or a retail natural gas supplier regulated by the State regulatory authority to purchase savings achieved in a different State, if-- `(A) the savings are achieved within the same power pool; and `(B) the State regulatory authority that regulates the purchaser oversees the measurement and verification of the savings pursuant to the procedures and standards applicable in the State in which the purchaser is located. `(4) REGULATORY APPROVAL- Nothing in this subsection limits or affects the authority of a State regulatory authority to require a retail electricity supplier or retail natural gas supplier that is regulated by the State regulatory authority to obtain the authorization or approval of the State regulatory authority of a contract for transfer of electricity savings or natural gas savings under this paragraph. `(5) LIMITATIONS- To optimize the achievement of cost-effective efficiency potential, the Secretary may prescribe such limitations as the Secretary determines appropriate with respect to the proportion of the compliance obligation of a retail electricity or natural gas supplier under the applicable performance standards under subsection (d) that may be met using electricity savings or natural gas savings that are purchased under this subsection. `(f) Measurement and Verification of Savings- The regulations promulgated pursuant to subsection (c) shall include-- `(1) procedures and standards for defining and measuring electricity savings and natural gas savings that can be counted towards the performance standards established under subsection (d), that shall-- `(A) specify the types of energy efficiency and energy conservation measures that can be counted; `(B) require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area; `(C) account for the useful life of measures; `(D) include assigned savings values for specific, commonly used measures; `(E) allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers; `(F) include procedures for calculating and documenting CHP savings, fuel-switching energy savings, and waste heat energy savings; `(G) establish methods for calculating codes and standards energy savings, including the use of verified compliance rates; `(H) include procedures for calculating and documenting-- `(i) customer facility savings and reductions in distribution system losses of electricity and natural gas that are achieved as a result of smart grid deployment, as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381); and `(ii) reductions in natural gas distribution system losses attributable to pipeline repair and replacement programs; `(I) count only measures and savings that are additional to business-as-usual customer purchase practices; `(J) ensure that the retail electricity supplier or retail natural gas supplier claiming the electricity savings or natural gas savings played a significant role in achieving the savings (including through the activities of a designated agent of the supplier or through the purchase of transferred electricity savings or natural gas savings); `(K) avoid double-counting of savings used for compliance with this section, including transferred savings; `(L) include electricity savings or natural gas savings from programs administered by the retail electric supplier or natural gas supplier that are funded by Federal, State, or other sources; `(M) credit large customer self-directed energy electricity savings or natural gas savings to the retail electricity supplier or the retail natural gas supplier if the large customers receive incentives or rate reductions from the retail supplier for self-directed energy efficiency improvements; `(N) include procedures for counting electricity savings and natural gas savings achieved by solar water heating, solar light pipe technology, geothermal heat pumps, and other technologies utilizing renewable resources that have the capability to provide measurable data on the quantity of energy displaced; `(O) in any State in which the State regulatory authority has designated one or more entities to administer electric ratepayer-funded efficiency programs approved by the State regulatory authority, provide that electricity savings and natural gas savings achieved through the programs shall be distributed equitably among retail electric suppliers and retail natural gas suppliers; and `(P) include guidance for utilities to calculate and document business-as-usual consumption projections; and `(2) procedures and standards for third-party verification of reported electricity savings or natural gas savings. `(g) Enforcement and Judicial Review- `(1) REVIEW OF RETAIL SUPPLIER REPORTS- `(A) IN GENERAL- The Secretary shall review each report submitted to the Secretary by a retail electricity supplier or retail natural gas supplier under subsection (d) to verify that the applicable performance standards under subsection (d) have been met. `(B) EXCLUSION- In determining compliance with the applicable performance standards under subsection (d), the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under subsections (d), (e), and (f). `(2) PENALTY FOR FAILURE TO DOCUMENT ADEQUATE SAVINGS- If a retail electricity supplier or a retail natural gas supplier fails to demonstrate compliance with an applicable performance standard under subsection (d), or to pay to the State an applicable alternative compliance payment under subsection (h)(4), the Secretary shall assess against the retail electricity supplier or retail natural gas supplier a civil penalty for each failure in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate-- `(A) $100 per megawatt hour of electricity savings or alternative compliance payment that the retail electricity supplier failed to achieve or make, respectively; or `(B) $10 per million Btu of natural gas savings or alternative compliance payment that the retail natural gas supplier failed to achieve or make, respectively. `(3) OFFSETTING STATE PENALTIES- The Secretary shall reduce the amount of any penalty under paragraph (2) by the amount paid by the relevant retail electricity supplier or retail natural gas supplier to a State for failure to comply with the requirements of a State energy efficiency resource standard during the same compliance period, if the State standard-- `(A) is comparable in type to the Federal standard established under this section; and `(B) is more stringent than the applicable performance standards under subsection (d). `(4) ENFORCEMENT PROCEDURES- The Secretary shall assess a civil penalty, as provided under paragraph (2), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act of 1954 (42 U.S.C. 6303). `(5) JUDICIAL REVIEW- `(A) IN GENERAL- Any person adversely affected by a final action taken by the Secretary under this section, other than the assessment of a civil penalty, may use the procedures for review described in section 336(b) of the Energy Policy and Conservation Act (42 U.S.C. 6306(b)). `(B) REFERENCE- In this paragraph, references to a rule in section 336(b) of the Energy Policy and Conservation Act (42 U.S.C. 6306(b)) shall be considered to refer also to all other final actions of the Secretary under this section other than the assessment of a civil penalty. `(h) State Administration- `(1) IN GENERAL- Upon receipt of an application from the Governor of a State (including the Mayor of the District of Columbia), the Secretary may delegate to the State responsibility for administering this section within the territory of the State if the Secretary determines that the State will implement an energy efficiency program that meets or exceeds the requirements of this section, including-- `(A) achieving electricity savings and natural gas savings that are at least as great as those required under the applicable performance standards established under subsection (d); `(B) reviewing reports and verifying electricity savings and natural gas savings achieved in the State (including savings transferred from outside the State); and `(C) collecting any alternative compliance payments under paragraph (4) and using the payments to implement cost-effective efficiency programs. `(2) SECRETARIAL DETERMINATION- Not later than 180 days after the date on which a complete application is received by the Secretary, the Secretary shall make a substantive determination approving or disapproving a State application, after public notice and comment. `(3) ALTERNATIVE MEASUREMENT AND VERIFICATION PROCEDURES AND STANDARDS- As part of an application submitted under paragraph (1), a State may request to use alternative measurement and verification procedures and standards from the procedures and standards described in subsection (f), if the State demonstrates that the alternative procedures and standards provide a level of accuracy of measurement and verification that are at least equivalent to the Federal procedures and standards under subsection (f). `(4) ALTERNATIVE COMPLIANCE PAYMENTS- `(A) IN GENERAL- As part of an application submitted under paragraph (1), a State may permit retail electricity suppliers or retail natural gas suppliers to pay to the State, by not later than April 1 of the calendar year immediately following the applicable reporting period, an alternative compliance payment in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate, not less than-- `(i) $50 per megawatt hour of electricity savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard; or `(ii) $5 per million Btu of natural gas savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard. `(B) USE OF PAYMENTS- Alternative compliance payments collected by a State under subparagraph (A) shall be used by the State to administer the delegated authority of the State under this section and to implement cost-effective energy efficiency programs that-- `(i) to the maximum extent practicable, achieve electricity savings and natural gas savings in the State sufficient to make up the deficit associated with the alternative compliance payments; and `(ii) can be measured and verified in accordance with the applicable procedures and standards under subsection (f) or paragraph (3), as applicable. `(5) REVIEW OF STATE IMPLEMENTATION- `(A) PERIODIC REVIEW- Every 2 years, the Secretary shall review State implementation of this section for conformance with the requirements of this section in approximately 1/2 of the States that have received approval under this subsection to administer the program, so that each State shall be reviewed at least every 4 years. `(B) REPORT- To facilitate the review under subparagraph (A), the Secretary may require the State to submit a report demonstrating the conformance of the State with the requirements of this section, including-- `(i) reports submitted by retail electricity suppliers and retail natural gas suppliers to the State demonstrating compliance with applicable performance standards; `(ii) the impact of the standards on projected electricity and natural gas demand within the State; `(iii) an accounting of the use of alternative compliance payments by the State and the resulting electricity savings and natural gas savings achieved; and `(iv) any other information that the Secretary determines appropriate. `(C) REVIEW UPON PETITION- Notwithstanding subparagraph (A), upon receipt of a public petition containing credible allegation of substantial deficiencies, the Secretary shall promptly review the State implementation of delegated authority under this section. `(D) DEFICIENCIES- `(i) IN GENERAL- In completing a review under this paragraph, if the Secretary finds deficiencies, the Secretary shall-- `(I) notify the State of the deficiencies; `(II) direct the State to correct the deficiencies; and `(III) require the State to report to the Secretary on progress made by not later than 180 days after the date on which the State receives notice under subclause (I). `(ii) SUBSTANTIAL DEFICIENCIES- If the deficiencies are substantial, the Secretary shall-- `(I) disallow the reported electricity savings or natural gas savings that the Secretary determines are not credible due to deficiencies; `(II) re-review the State not later than 2 years after the date on which the original review was completed; and `(III) if substantial deficiencies remain uncorrected after the review provided for under subclause (II), revoke the authority of the State to administer the program established under this section. `(6) CALLS FOR REVISION OF STATE APPLICATIONS- As a condition of maintaining the delegated authority of a State to administer this section, the Secretary may require a State to submit a revised application under paragraph (1) if the Secretary has-- `(A) promulgated new or revised performance standards under subsection (d); `(B) promulgated new or substantially revised measurement and verification procedures and standards under subsection (f); or `(C) otherwise substantially revised the program established under this section. `(7) COST RECOVERY, FIXED COST RECOVERY AND SHAREHOLDER INCENTIVES- State utility regulatory commissions are encouraged to review the rules and regulations of the commission to ensure that utilities under the jurisdiction of the commission can-- `(A) recover the direct costs of energy efficiency programs; `(B) fully recover authorized fixed costs, including lost margins from lower annual sales due to energy efficiency programs; and `(C) earn an incentive for shareholders if the energy efficiency standards are achieved. `(i) Information and Reports- In accordance with section 13 of the Federal Energy Administration Act of 1974 (15 U.S.C. 772), the Secretary may require any retail electricity supplier, retail natural gas supplier, third-party efficiency provider, or any other entity that the Secretary determines appropriate, to provide any information the Secretary determines appropriate to carry out this section. `(j) State Law- Nothing in this section diminishes or qualifies any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting electricity savings or natural gas savings, including any law or regulation establishing energy efficiency requirements that are more stringent than those under this section, except that no State law or regulation shall relieve any person of any requirement otherwise applicable under this section.'. SEC. 6. PROGRAM REVIEW. (a) National Academy of Sciences Review- The Secretary of Energy shall enter into a contract with the National Academy of Sciences under which the Academy shall, not later than July 1, 2019, and every 10 years thereafter, submit to Congress, the Federal Energy Regulatory Commission, and the Secretary of Energy a comprehensive evaluation of all aspects of the programs established under this Act and under sections 610 and 611 of the Public Utility Regulatory Policies Act of 1978 (as added by this Act), including-- (1) an evaluation of the effectiveness of the programs, including the specific design elements of the programs, in increasing the efficiency of retail natural gas and electricity distribution and consumption and increasing the deployment of renewable electricity capacity; (2) the opportunities for additional technologies and sources of efficiency and renewable electricity that have emerged since the date of enactment of this Act; (3) the impact of the programs on the reliability of electricity and natural gas supply; (4) the net benefits or costs of the programs to the United States and the States, including-- (A) the effects on electricity and natural gas demand and prices; (B) the economic development benefits of investment; (C) environmental costs and benefits; (D) the impacts on public health and health care costs; and (E) avoided costs related to environmental and congestion mitigation investments that otherwise would have been required; (5) an assessment of the benefits and costs of increasing the performance standards established under section 611(d) of the Public Utility Regulatory Policies Act of 1978 (as added by this Act); (6) the feasibility, advantages, and disadvantages of alternative models for demonstrating compliance with a Federal energy efficiency resource standard, including-- (A) establishing a national trading system for energy efficiency credits; or (B) demonstrating compliance through actual reductions in delivery or sales of electricity and natural gas, rather than on program savings; and (7) recommendations regarding potential changes to this section, to regulations and procedures for implementing this section, or to related public policies. (b) Recommendations to Congress- Not later than January 1, 2020, and every 10 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report making recommendations for modifications and improvements to the program established under this section and any related programs, including an explanation of the inconsistencies, if any, between the recommendations of the Secretary of Energy and the recommendations included in the evaluation of the National Academy of Sciences under paragraph (1). SEC. 7. CONFORMING AMENDMENT. The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: `Sec. 609. Rural and remote communities electrification grants. `Sec. 610. Federal renewable electricity standard. `Sec. 611. Federal energy efficiency resource standard for retail electricity and natural gas suppliers.'.
H.Res.1613 Apr-18-13
STATUS: April 18, 2013.--Introduced. June 6, 2013.--Reported to House. Amended by the Committee on Natural Resources. H. Rept. 113-101, Part I. June 6, 2013.--Committee on Foreign Affairs discharged. June 6, 2013.--Committee on Financial Services discharged. June 27, 2013.--Passed House (256 - 171) (Roll no. 293). July 8, 2013.--Referred to Senate Committee on Energy and Natural Resources. October 1, 2013.--Full committee hearing held. H.R.1613 Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act (Referred in Senate - RFS) HR 1613 RFS 113th CONGRESS1st Session H. R. 1613IN THE SENATE OF THE UNITED STATESJuly 8, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Outer Continental Shelf Lands Act to provide for the proper Federal management and oversight of transboundary hydrocarbon reservoirs, 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 `Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act'. TITLE I--AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT SEC. 101. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: `SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS. `(a) Authorization- After the date of enactment of the Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act, the Secretary may implement the terms of any transboundary hydrocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States to promote domestic job creation and ensure the expeditious and orderly development and conservation of domestic mineral resources in accordance with all applicable United States laws governing the exploration, development, and production of hydrocarbon resources on the outer Continental Shelf. `(b) Submission to Congress- `(1) IN GENERAL- No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to-- `(A) the Speaker of the House of Representatives; `(B) the Majority Leader of the Senate; `(C) the Chair of the Committee on Natural Resources of the House of Representatives; and `(D) the Chair of the Committee on Energy and Natural Resources of the Senate. `(2) CONTENTS OF SUBMISSION- The submission shall include-- `(A) any amendments to this Act or other Federal law necessary to implement the agreement; `(B) an analysis of the economic impacts such an agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the outer Continental Shelf; and `(C) a detailed description of any regulations expected to be issued by the Secretary to implement the agreement. `(c) Implementation of Specific Transboundary Agreement With Mexico- The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, including-- `(1) approving unitization agreements and related arrangements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; `(2) making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may be considered confidential, privileged, or proprietary information under law; `(3) taking actions consistent with an expert determination under the agreement; and `(4) ensuring only appropriate inspection staff at the Bureau of Safety and Environmental Enforcement or other Federal agency personnel designated by the Bureau, the operator, or the lessee have authority to stop work on any installation or other device or vessel permanently or temporarily attached to the seabed of the United States, which may be erected thereon for the purpose of resource exploration, development or production activities as approved by the Secretary. `(d) Exemption From Resources Extraction Reporting Requirement- Actions taken by a public company in accordance with any transboundary hydrocarbon agreement shall not constitute the commercial development of oil, natural gas, or minerals for purposes of section 13(q) of the Securities Exchange Act of 1934 (157 U.S.C. 78m(q)). `(e) Savings Provisions- Nothing in this section shall be construed-- `(1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the `Eastern Gap'; or `(2) as affecting the sovereign rights and the jurisdiction that the United States has under international law over the outer Continental Shelf which appertains to it.'. TITLE II--APPROVAL OF TRANSBOUNDARY HYDROCARBON AGREEMENT SEC. 201. APPROVAL OF AGREEMENT WITH MEXICO. The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby approved. Passed the House of Representatives June 27, 2013. Attest: KAREN L. HAAS, Clerk.
S.1605 Oct-29-13
STATUS: October 29, 2013.--Introduced. July 30, 2014.--Subcommittee hearing held. S.1605 For the relief of Michael G. Faber. (Introduced in Senate - IS) S 1605 IS 113th CONGRESS1st SessionS. 1605 For the relief of Michael G. Faber. IN THE SENATE OF THE UNITED STATESOctober 29, 2013 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL For the relief of Michael G. Faber. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REINSTATEMENT TO SEALASKA CORPORATION. (a) Definitions- In this section: (1) AFFECTED INDIVIDUAL- The term `affected individual' means Michael G. Faber, who-- (A) is a former resident of the State of Alaska; and (B) was previously enrolled in Sealaska Corporation under roll number 13-752-39665-01. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (b) Revocation of Membership in Metlakatla Indian Community- Effective on the date on which the affected individual submits written notice to the Metlakatla Indian Community revoking the membership of the affected individual in the Metlakatla Indian Community, the membership of the affected individual in the Metlakatla Indian Community shall be considered to be revoked. (c) Reinstatement- Notwithstanding any other provision of law, pursuant to section 5 of the Alaska Native Claims Settlement Act (43 U.S.C. 1604), the Secretary shall, immediately after the affected individual submits the notice under subsection (b)-- (1) reinstate the affected individual to the shareholder roll of Sealaska Corporation; and (2) ensure the provision to the affected individual of the number of shares originally allocated to the affected individual by Sealaska Corporation. (d) Effect of Section- Nothing in this section provides to the affected individual any retroactive benefit relating to membership in-- (1) Sealaska Corporation; or (2) the Metlakatla Indian Community.
S.1600 Oct-29-13
STATUS: October 29, 2013.--Introduced. November 6, 2013.--Mrs. McCaskill added as cosponsor. January 27, 2014.--Mr. Manchin added as cosponsor. January 28, 2014.--Hearing held. S.1600 Critical Minerals Policy Act of 2013 (Introduced in Senate - IS) S 1600 IS 113th CONGRESS1st SessionS. 1600 To facilitate the reestablishment of domestic, critical mineral designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United States, and for other purposes. IN THE SENATE OF THE UNITED STATESOctober 29, 2013 Ms. MURKOWSKI (for herself, Mr. WYDEN, Mr. UDALL of Colorado, Mr. HELLER, Mr. ENZI, Mrs. HAGAN, Mr. THUNE, Mr. COONS, Mr. HOEVEN, Ms. LANDRIEU, Mr. COATS, Mr. BEGICH, Mr. RISCH, Ms. KLOBUCHAR, Mr. BLUNT, Mr. FRANKEN, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate the reestablishment of domestic, critical mineral designation, assessment, production, manufacturing, recycling, analysis, forecasting, workforce, education, research, and international capabilities in the United States, 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 `Critical Minerals Policy Act of 2013'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--DESIGNATIONS AND POLICIES Sec. 101. Designations. Sec. 102. Policy. Sec. 103. Resource assessment. Sec. 104. Study. Sec. 105. Agency review and reports. Sec. 106. Recycling, efficiency, and supply. Sec. 107. Alternatives. Sec. 108. Analysis and forecasting. Sec. 109. Education and workforce. Sec. 110. International cooperation. TITLE II--MINERAL-SPECIFIC ACTIONS Sec. 201. Administration. Sec. 202. Cobalt. Sec. 203. Lead. Sec. 204. Lithium. Sec. 205. Thorium. Sec. 206. Nontraditional sources for rare earth elements. TITLE III--MISCELLANEOUS Sec. 301. Repeal; authorization offset. Sec. 302. Administration. Sec. 303. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) CRITICAL MINERAL- (A) IN GENERAL- The term `critical mineral' means any mineral or element designated as critical pursuant to section 101. (B) EXCLUSIONS- The term `critical mineral' does not include-- (i) fuel minerals, including oil, natural gas, or any other fossil fuels; or (ii) water, ice, or snow. (2) CRITICAL MINERAL MANUFACTURING- The term `critical mineral manufacturing' means-- (A) the production, processing, refining, alloying, separation, concentration, magnetic sintering, melting, or beneficiation of critical minerals within the United States; (B) the fabrication, assembly, or production, within the United States, of equipment, components, or other goods with energy technology-, defense-, agriculture-, consumer electronics-, or health care-related applications; or (C) any other value-added, manufacturing-related use of critical minerals undertaken within the United States. (3) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) MILITARY EQUIPMENT- The term `military equipment' means equipment used directly by the Armed Forces to carry out military operations. (5) RARE EARTH ELEMENT- (A) IN GENERAL- The term `rare earth element' means the chemical elements in the periodic table from lanthanum (atomic number 57) up to and including lutetium (atomic number 71). (B) INCLUSIONS- The term `rare earth element' includes the similar chemical elements yttrium (atomic number 39) and scandium (atomic number 21). (6) SECRETARY- (A) TITLE I- In title I, the term `Secretary' means the Secretary of the Interior. (B) TITLE II- In title II, the term `Secretary' means the Secretary of Energy. (7) STATE- The term `State' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. TITLE I--DESIGNATIONS AND POLICIES SEC. 101. DESIGNATIONS. (a) Draft Methodology- Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are-- (1) subject to potential supply restrictions (including restrictions associated with foreign political risk, abrupt demand growth, military conflict, and anti-competitive or protectionist behaviors); and (2) important in use (including energy technology-, defense-, agriculture-, consumer electronics-, and health care-related applications). (b) Availability of Data- If available data is insufficient to provide a quantitative basis for the methodology developed under this section, qualitative evidence may be used to the extent necessary. (c) Final Methodology- After reviewing public comments on the draft methodology under subsection (a) and updating the draft methodology as appropriate, not later than 270 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register a description of the final methodology for determining which minerals qualify as critical minerals. (d) Designations- (1) IN GENERAL- For purposes of carrying out this title, the Secretary shall maintain a list of minerals and elements designated as critical, pursuant to the methodology under subsection (c), which shall not exceed 20 minerals and elements at any given time. (2) INITIAL LIST- Subject to paragraph (1), not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register an initial list of minerals designated as critical pursuant to the final methodology under subsection (c) for the purpose of carrying out this title. (e) Subsequent Review- (1) IN GENERAL- The Secretary shall review the methodology and designations under subsections (c) and (d) at least every 5 years, or more frequently if considered appropriate by the Secretary. (2) REVISIONS- Subject to subsection (d)(1), the Secretary may-- (A) revise the methodology described in this section; (B) determine that minerals previously determined to be critical minerals are no longer critical minerals; and (C) designate additional minerals as critical minerals. (f) Notice- On finalization of the methodology under subsection (c), the list under subsection (d), or any revision to the methodology or list under subsection (e), the Secretary shall submit to Congress written notice of the action. SEC. 102. POLICY. (a) In General- Section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is amended in the second sentence-- (1) by striking paragraph (3) and inserting the following: `(3) establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other market dynamics relevant to policy formulation to allow informed actions to be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts;'; (2) in paragraph (6), by striking `and' after the semicolon at the end; (3) in paragraph (7), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: `(8) encourage Federal agencies to facilitate the availability, development, and environmentally responsible production of domestic resources to meet national critical material or mineral needs; `(9) avoid duplication of effort, prevent unnecessary paperwork, and minimize unnecessary delays in the administration of applicable laws (including regulations) and the issuance of permits and authorizations necessary to explore for, develop, and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws; `(10) strengthen educational and research capabilities and workforce training; `(11) bolster international cooperation through technology transfer, information sharing, and other means; `(12) promote the efficient production, use, and recycling of critical minerals; `(13) develop alternatives to critical minerals; and `(14) establish contingencies for the production of, or access to, critical minerals for which viable sources do not exist within the United States.'. (b) Conforming Amendment- Section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601(b)) is amended by striking `(b) As used in this Act, the term' and inserting the following: `(b) Definitions- In this Act: `(1) CRITICAL MINERAL- The term `critical mineral' means any mineral designated as a critical mineral pursuant to section 101 of the Critical Minerals Policy Act of 2013. `(2) MATERIALS- The term'. SEC. 103. RESOURCE ASSESSMENT. (a) In General- Not later than 4 years after the date of enactment of this Act, in consultation with applicable State (including geological surveys), local, academic, industry, and other entities, the Secretary shall complete, using established resource assessment methodologies and authorities of the United States Geological Survey, a comprehensive national assessment of each critical mineral that-- (1) identifies and quantifies known critical mineral resources, using all available public and private information and datasets, including exploration histories; (2) estimates the cost of production of the critical mineral resources identified and quantified under this section, using all available public and private information and datasets, including exploration histories; (3) provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the United States on land available for mineral production, including probability estimates of tonnage and grade, using all available public and private information and datasets, including exploration histories; and (4) provides qualitative information on the environmental attributes of the critical mineral resources identified under this section. (b) Supplementary Information- In carrying out this section, the Secretary (acting through the Director of the United States Geological Survey) may carry out, consistent with applicable law, surveys necessary or appropriate to supplement existing information and datasets available for determining the existence of critical minerals in the United States. (c) Technical Assistance- At the request of the Governor of a State or the head of an Indian tribe, the Secretary may provide technical assistance to State governments and Indian tribes conducting critical mineral resource assessments on non-Federal land. (d) Prioritization- (1) IN GENERAL- The Secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under section 101 are completed first. (2) REPORTING- During the period beginning not later than 1 year after the date of enactment of this Act and ending on date of the completion of all of the assessments required under this section, the Secretary shall submit to Congress on an annual basis an interim report that-- (A) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the assessments; or (B) describes the progress of the assessments if the Secretary does not sequence the assessments. (e) Updates- The Secretary may periodically update the assessment conducted under this section based on-- (1) the generation of new information or datasets by the Federal Government; or (2) the receipt of new information or datasets from critical mineral producers, State geological surveys, academic institutions, trade associations, or other entities or individuals. SEC. 104. STUDY. The Secretary shall enter into an arrangement with the National Academy of Sciences (referred to in this section as the `Academy') under which the Academy shall provide an update of the 1999 report of the Academy entitled `Hardrock Mining on Federal Lands', prepared pursuant to section 120 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-257), including an examination of-- (1) regulatory changes implemented since 1999 and the extent to which the changes address recommendations made in the report; (2) additional steps that can be taken-- (A) to improve the quality and timeliness of final decisions on applications, operating plans, leases, licenses, permits, and other use authorizations for hardrock mining activities on Federal land; (B) to prevent unnecessary or undue degradation of Federal land; and (C) to improve inspection and enforcement of hardrock mine and related sites on Federal land; and (3) the number and location of abandoned hardrock mines. SEC. 105. AGENCY REVIEW AND REPORTS. (a) Performance Improvements- To improve the quality and timeliness of decisions, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) (referred to in this section as the `Secretaries') shall, to the maximum extent practicable, with respect to critical mineral production on Federal land-- (1) ensure that Federal permitting and review processes inform decisionmakers and affected communities about the potential positive and negative impacts of proposed mining activities; (2) ensure that mining activities are carried out in a manner that is consistent with protecting the public health, welfare, safety, national security, and environment of the United States; and (3) execute Federal permitting and review processes, consistent with available resources, with maximum efficiency and effectiveness, while ensuring the health, safety, and security of communities and the environment and supporting vital economic growth, by-- (A) setting and adhering to timelines and schedules for completion of reviews and for inspection and enforcement activities; (B) setting clear permitting performance goals and tracking progress against those goals; (C) encouraging early collaboration among agencies, project sponsors, and affected stakeholders to incorporate and address their interests and minimize delays; (D) providing for transparency and accountability by using cost-effective information technology to collect and disseminate information about individual projects and agency performance; (E) achieving early and active consultation with State, local, and tribal governments to avoid conflicts or duplication of effort, resolve concerns, and allow for concurrent rather than sequential reviews; (F) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs, more timely decisions, and a healthier and cleaner environment; (G) expanding and institutionalizing permitting and review process improvements that have proven effective; (H) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national and regional levels; and (I) developing other practices, such as pre-application procedures. (b) Review and Report- Not later than 180 days after the date of receipt of the report of the study under section 104, the Secretaries shall submit to Congress a report that-- (1) describes the recommendations from the study under section 104 that the Secretaries have existing legal authority for and intend to implement, including estimated timelines for the implementation; (2) identifies additional measures (including regulatory and legislative proposals, as appropriate) that would-- (A) increase the effectiveness and operational efficiency of agency management of permitting activities for the exploration and development of domestic critical minerals; and (B) improve the effectiveness of environmental analysis and inspection and enforcement activities relating to critical mineral-related activities on Federal land; (3) identifies options (including cost recovery paid by applicants) for ensuring adequate staffing (including training programs) of Federal entities responsible for-- (A) the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and (B) environmental analysis and inspection and enforcement activities with respect to the critical mineral-related activities; (4) in coordination with the heads of other appropriate Federal agencies, assesses whether Federal laws (including regulations and tax provisions) or policies are adversely affecting or are enhancing the global competitiveness of, or investment in, the domestic critical minerals industry, including the critical minerals manufacturing industry; (5) quantifies the amount of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; and (6) describes actions taken pursuant to subsection (a). (c) Annual Reports- Beginning with the first budget submission by the President under section 1105 of title 31, United States Code, after submission to Congress of the report under subsection (b), and for the next 10 annual budget submissions thereafter, the Secretaries shall submit to Congress a report on-- (1) the implementation of recommendations, measures, and options identified in paragraphs (1) through (3) of subsection (b); (2) achievement of, or progress towards, the target levels of performance developed under subsection (d); (3) actions taken under subsection (a); and (4) the quantity, type, and estimated value (by mineral type) of-- (A) critical minerals produced on Federal land; and (B) all hardrock minerals produced on Federal land. (d) Metrics of Agency Performance- (1) ESTABLISHMENT- Not later than 180 days after the date of the submission of the report under subsection (b), the Secretaries, after public notice and comment, shall develop and publish target levels of performance for agency management of activities associated with the exploration for and development of domestic critical minerals in accordance with applicable laws, against which actual achievement or progress can be compared, in-- (A) the timeliness of decisions, taking into consideration the evaluation described in subsection (b)(5); (B) cost savings; and (C) improved health and environmental performance. (2) INCORPORATION IN ANNUAL PERFORMANCE PLANS- The Secretaries shall use the target levels of performance under paragraph (1) as performance goals in the appropriate agency performance plans under section 1115 of title 31, United States Code. (e) Judicial Review- (1) IN GENERAL- Nothing in this section affects the judicial review of an agency action under any provision of law. (2) CONSTRUCTION- This section-- (A) is intended to improve the internal management of the Federal Government; and (B) does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States (including an agency, instrumentality, officer, or employee) or any other person. (f) Administration- Nothing in this section relieves the Secretary of the Interior or the Secretary of Agriculture of any obligation or duty under any other applicable law (including regulations). SEC. 106. RECYCLING, EFFICIENCY, AND SUPPLY. (a) Establishment- The Secretary of Energy shall conduct a program of research and development to promote the efficient production, use, and recycling of critical minerals throughout the supply chain. (b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate-- (1) Federal agencies and National Laboratories; (2) critical mineral producers; (3) critical mineral processors; (4) critical mineral manufacturers; (5) trade associations; (6) academic institutions; (7) small businesses; and (8) other relevant entities or individuals. (c) Activities- Under the program, the Secretary of Energy shall carry out activities that include the identification and development of-- (1) advanced critical mineral extraction, production, separation, alloying, or processing technologies that decrease the energy consumption, environmental impact, and costs of those activities, including-- (A) efficient water and wastewater management strategies; (B) technologies and management strategies to control the environmental impacts of radionuclides in ore tailings; and (C) technologies for separation and processing; (2) technologies or process improvements that minimize the use, or lead to more efficient use, of critical minerals across the full supply chain; (3) technologies, process improvements, or design optimizations that facilitate the recycling of critical minerals, and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer, industrial, or other waste streams; (4) commercial markets, advanced storage methods, energy applications, and other beneficial uses of critical minerals processing byproducts; and (5) alternative minerals, metals, and materials, particularly those available in abundance within the United States and not subject to potential supply restrictions, that lessen the need for critical minerals. (d) Report- Not later than 3 years after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report summarizing the activities, findings, and progress of the program. SEC. 107. ALTERNATIVES. (a) Establishment- The Secretary of Energy shall conduct a program of research, development, demonstration, and commercial application to promote the development of alternatives to critical minerals. (b) Cooperation- In carrying out the program, the Secretary of Energy shall cooperate with appropriate-- (1) Federal agencies (including National Laboratories); (2) critical mineral producers; (3) critical mineral manufacturers; (4) trade associations; (5) academic institutions; (6) small businesses; and (7) other relevant entities or individuals. (c) Activities- To lessen the need for critical minerals, the program under this section shall carry out activities that include the identification and development of-- (1) alternative minerals, metals, and minerals used in energy technologies, particularly those that are available in abundance in the United States and are not subject to potential supply restrictions; and (2) alternative energy technologies or alternative designs of existing energy technologies, particularly those that use minerals in abundance in the United States and are not subject to potential supply restrictions. (d) Report- Not later than 3 years after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report summarizing the activities, findings, and progress of the program under this section. SEC. 108. ANALYSIS AND FORECASTING. (a) Capabilities- In order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages, mitigate price volatility, and prepare for demand growth and other market shifts, the Secretary, in consultation with academic institutions, the Energy Information Administration, and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools, shall conduct and publish the results of an annual report that includes-- (1) as part of the annually published Mineral Commodity Summaries from the United States Geological Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral domestically produced during the preceding year; (B) the quantity of each critical mineral domestically consumed during the preceding year; (C) market price data for each critical mineral; (D) an assessment of-- (i) critical mineral requirements to meet the national security, energy, economic, industrial, technological, and other needs of the United States during the preceding year; (ii) the reliance of the United States on foreign sources to meet those needs during the preceding year; and (iii) the implications of any supply shortages, restrictions, or disruptions during the preceding year; (E) the quantity of each critical mineral domestically recycled during the preceding year; (F) the market penetration during the preceding year of alternatives to each critical mineral; (G) a discussion of applicable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other data, analyses, and evaluations as the Secretary finds are necessary to achieve the purposes of this section; and (2) a comprehensive forecast, entitled the `Annual Critical Minerals Outlook', of projected critical mineral production, consumption, and recycling patterns, including-- (A) the quantity of each critical mineral projected to be domestically produced over the subsequent 1-year, 5-year, and 10-year periods; (B) the quantity of each critical mineral projected to be domestically consumed over the subsequent 1-year, 5-year, and 10-year periods; (C) market price projections for each critical mineral, to the maximum extent practicable and based on the best available information; (D) an assessment of-- (i) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United States; (ii) the projected reliance of the United States on foreign sources to meet those needs; and (iii) the projected implications of potential supply shortages, restrictions, or disruptions; (E) the quantity of each critical mineral projected to be domestically recycled over the subsequent 1-year, 5-year, and 10-year periods; (F) the market penetration of alternatives to each critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods; (G) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and (H) such other projections relating to each critical mineral as the Secretary determines to be necessary to achieve the purposes of this section. (b) Proprietary Information- In preparing a report described in subsection (a), the Secretary shall ensure, consistent with section 5(f) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(f)), that-- (1) no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person who supplied the information is not discernible and is not material to the intended uses of the information; (2) no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; and (3) procedures are established to require the withholding of any information or data collected for the report if the Secretary determines that withholding is necessary to protect proprietary information, including any trade secrets or other confidential information. SEC. 109. EDUCATION AND WORKFORCE. (a) Workforce Assessment- Not later than 1 year and 300 days after the date of enactment of this Act, the Secretary of Labor (in consultation with the Secretary of the Interior, the Director of the National Science Foundation, and employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral assessment, production, manufacturing, recycling, analysis, forecasting, education, and research, including an analysis of-- (1) skills that are in the shortest supply as of the date of the assessment; (2) skills that are projected to be in short supply in the future; (3) the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce; (4) the effectiveness of training and education programs in addressing skills shortages; (5) opportunities to hire locally for new and existing critical mineral activities; (6) the sufficiency of personnel within relevant areas of the Federal Government for achieving the policies described in section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1602); and (7) the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry. (b) Curriculum Study- (1) IN GENERAL- The Secretary and the Secretary of Labor shall jointly enter into an arrangement with the National Academy of Sciences and the National Academy of Engineering under which the Academies shall coordinate with the National Science Foundation on conducting a study-- (A) to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the United States to increase domestic, critical mineral exploration, development, and manufacturing; (B) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic, critical mineral exploration, development, and manufacturing; (C) to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines to improve the critical mineral supply chain and advance the capacity of the United States to increase domestic, critical mineral exploration, development, and manufacturing; and (D) to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the grant program described in subsection (c). (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a description of the results of the study required under paragraph (1). (c) Grant Program- (1) ESTABLISHMENT- The Secretary and the National Science Foundation shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive 4-year grants for-- (A) startup costs for newly designated faculty positions in integrated critical mineral education, research, innovation, training, and workforce development programs consistent with subsection (b); (B) internships, scholarships, and fellowships for students enrolled in programs related to critical minerals; and (C) equipment necessary for integrated critical mineral innovation, training, and workforce development programs. (2) RENEWAL- A grant under this subsection shall be renewable for up to 2 additional 3-year terms based on performance criteria outlined under subsection (b)(1)(D). SEC. 110. INTERNATIONAL COOPERATION. (a) Establishment- The Secretary of State, in coordination with the Secretary and the Secretary of Energy, shall carry out a program to promote international cooperation on critical mineral supply chain issues with allies of the United States. (b) Activities- Under the program, the Secretary of State may work with allies of the United States-- (1) to increase the global, responsible production of critical minerals, if a determination is made by the Secretary of State that there is no viable production capacity for the critical minerals within the United States; (2) to improve the efficiency and environmental performance of extraction techniques; (3) to increase the recycling of, and deployment of alternatives to, critical minerals; (4) to assist in the development and transfer of critical mineral extraction, processing, and manufacturing technologies that would have a beneficial impact on world commodity markets and the environment; (5) to strengthen and maintain intellectual property protections; and (6) to facilitate the collection of information necessary for analyses and forecasts conducted pursuant to section 108. TITLE II--MINERAL-SPECIFIC ACTIONS SEC. 201. ADMINISTRATION. Nothing in this title or an amendment made by this title affects the methodology or designations established under section 101. SEC. 202. COBALT. (a) Authorization- The Secretary shall support research programs that focus on novel uses for cobalt (including energy technologies and super-alloys), including-- (1) use in energy technologies (including, for purposes of this section, rechargeable batteries, catalysts, photovoltaic cells, permanent magnets, and fuel cells); (2) use in alloys with military equipment, civil aviation, and electricity generation applications; and (3) use as coal-to-gas and coal-to-liquid catalysts. (b) Categories- Research under this section shall be conducted in-- (1) a fundamental category, including laboratory and literature research; and (2) an applied category, including plant and field research. (c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing-- (1) the research programs carried out under this section; (2) the findings of the programs; and (3) future research efforts planned. SEC. 203. LEAD. (a) In General- The Secretary shall support research programs that focus on advanced lead manufacturing processes, including programs that-- (1) contribute to the establishment of a secure, domestic supply of lead; (2) produce technologies that represent an environmental improvement compared to conventional production processes; or (3) produce technologies that attain a higher efficiency level compared to conventional production processes. (b) Coordination- In carrying out the programs under subsection (a), the Secretary shall coordinate with other entities to promote the development of environmentally responsible lead manufacturing, including-- (1) other Federal agencies; (2) States with affected interests; (3) manufacturers; (4) energy technology manufacturers, including producers of batteries and other energy storage technologies; and (5) any others considered appropriate by the Secretary. SEC. 204. LITHIUM. Subtitle E of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17241 et seq.) is amended by adding at the end the following: `SEC. 657. GRANTS FOR LITHIUM PRODUCTION RESEARCH AND DEVELOPMENT. `(a) Definition of Eligible Entity- In this section, the term `eligible entity' means-- `(1) a private partnership or other entity that is-- `(A) organized in accordance with Federal law; and `(B) engaged in lithium production for use in advanced battery technologies; `(2) a public entity, such as a State, tribal, or local governmental entity; or `(3) a consortium of entities described in paragraphs (1) and (2). `(b) Grants- The Secretary shall provide grants to eligible entities for research, development, demonstration, and commercial application of domestic industrial processes that are designed to enhance domestic lithium production for use in advanced battery technologies, as determined by the Secretary. `(c) Use- An eligible entity shall use a grant provided under this section to develop or enhance-- `(1) domestic industrial processes that increase lithium production, processing, or recycling for use in advanced lithium batteries; or `(2) industrial processes associated with new formulations of lithium feedstock for use in advanced lithium batteries.'. SEC. 205. THORIUM. (a) Study- The Secretary, in consultation with the Nuclear Regulatory Commission, shall conduct a study on the technical, economic, and policy issues (including nonproliferation) associated with establishing a licensing pathway for the complete thorium nuclear fuel cycle (including mining, milling, processing, fabrication, reactors, disposal, and decommissioning) that-- (1) identifies the gaps in the technical knowledge that could lead to a licensing pathway; and (2) considers technologies and applications for any thorium byproducts of critical mineral production or processing. (b) Cooperation- In conducting the study under subsection (a), the Secretary shall cooperate with appropriate-- (1) trade associations; (2) equipment manufacturers; (3) National Laboratories; (4) institutions of higher education; and (5) other applicable entities. (c) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report summarizing the findings of the study. SEC. 206. NONTRADITIONAL SOURCES FOR RARE EARTH ELEMENTS. (a) In General- The Secretary shall conduct a program to identify, research, and develop rare earth elements from nontraditional sources that-- (1) identifies and assesses the technological feasibility of extracting rare earth elements from nontraditional sources; (2) develops advanced rare earth element processing technologies to increase the economic viability and improve the environmental impact of recovering rare earth elements from identified nontraditional sources; and (3) provides technical assistance to industrial partners to develop and demonstrate rare earth element recovery from identified nontraditional sources. (b) Report- Not later than 2 years after the date of enactment of this Act the Secretary shall submit to Congress a report summarizing the activities, findings, and progress of the program. TITLE III--MISCELLANEOUS SEC. 301. REPEAL; AUTHORIZATION OFFSET. (a) Repeal- (1) IN GENERAL- The National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. (2) CONFORMING AMENDMENT- Section 3(d) of the National Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 5202(d)) is amended in the first sentence by striking `, with the assistance of the National Critical Materials Council as specified in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et seq.),'. (b) Authorization Offset- Section 207(c) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17022(c)) is amended by inserting before the period at the end the following: `, except that the amount authorized to be appropriated to carry out this section not appropriated as of the date of enactment of the Critical Minerals Policy Act of 2013 shall be reduced by $60,000,000'. SEC. 302. ADMINISTRATION. Nothing in this Act or an amendment made by this Act modifies any requirement or authority provided by the matter under the heading `GEOLOGICAL SURVEY' of the first section of the Act of March 3, 1879 (43 U.S.C. 31(a)). SEC. 303. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act and the amendments made by this Act $60,000,000, of which-- (1) $2,000,000 may be used to carry out section 101, to remain available until expended; (2) $20,000,000 may be used to carry out the amendment made by section 103, to remain available until expended; (3) $2,000,000 may be used to carry out section 104, to remain available until expended; (4) $8,000,000 may be used to carry out section 105, to remain available until expended; (5) $1,5000,000 for each of fiscal years 2014 and 2015 may be used to carry out each of sections 106 and 107, to remain available until expended; (6) $4,000,000 for each of fiscal years 2014 and 2015 may be used to carry out section 108, to remain available until expended; (7) $2,000,000 for each of fiscal years 2014 and 2015 may be used to carry out section 109, to remain available until expended; (8) $500,000 for each of fiscal years 2014 and 2015 may be used to carry out section 110, to remain available until expended; (9) $1,000,000 for each of fiscal years 2014 and 2015 may be used to carry out each of sections 202, 203, 204, and 206 and the amendments made by those sections; and (10) $1,000,000 may be used to carry out section 205, to remain available until expended.
S.1572 Oct-15-13
STATUS: October 15, 2013.--Introduced. October 16, 2013.--Mr. Bennet and Mr. Udall of Colorado added as cosponsors. S.1572 Protecting States, Opening National Parks Act (Introduced in Senate - IS) S 1572 IS 113th CONGRESS1st SessionS. 1572 To direct the Secretary of the Treasury to reimburse States that use State funds to operate National Parks during the Federal Government shutdown, and for other purposes. IN THE SENATE OF THE UNITED STATESOctober 15, 2013 Mr. ALEXANDER (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of the Treasury to reimburse States that use State funds to operate National Parks during the Federal Government shutdown, 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 `Protecting States, Opening National Parks Act'. SEC. 2. REIMBURSEMENT FOR COSTS TO STATES TO OPEN NATIONAL PARKS TO THE PUBLIC. (a) In General- Not later than 90 days after funds are made available, the Secretary of the Treasury, using funds in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of government for the fiscal year 2014, shall reimburse any State for activities described in subsection (b). (b) Activities Eligible for Reimbursement- The Secretary of the Treasury shall reimburse States under subsection (a) for State funds expended for activities that meet all of the following criteria: (1) The activity was conducted in fiscal year 2014 during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government. (2) The activity was necessary to operate and open to the public a National Park located, in whole or in part, within the State. (3) The activity was authorized under Federal law. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State.
S.1563 Sep-30-13
STATUS: September 30, 2013.--Introduced. S.1563 Biofuels Market Expansion Act of 2013 (Introduced in Senate - IS) S 1563 IS 113th CONGRESS1st SessionS. 1563 To provide for the expansion of the biofuels market. IN THE SENATE OF THE UNITED STATESSeptember 30, 2013 Mr. HARKIN (for himself, Mr. FRANKEN, Mr. JOHNSON of South Dakota, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the expansion of the biofuels market. 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 `Biofuels Market Expansion Act of 2013'. SEC. 2. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS. Section 107(a)(1) of the Petroleum Marketing Practices Act (15 U.S.C. 2807(a)(1)) is amended by striking subparagraph (A) and inserting the following: `(A) which is not less than 10 percent ethanol by volume; or'. SEC. 3. ENSURING THE AVAILABILITY OF DUAL FUELED AUTOMOBILES AND LIGHT DUTY TRUCKS. (a) In General- Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: `Sec. 32902A. Requirement to manufacture dual fueled automobiles and light duty trucks `(a) In General- For each model year listed in the following table, each manufacturer shall ensure that the percentage of automobiles and light duty trucks manufactured by the manufacturer for sale in the United States that are dual fueled automobiles and light duty trucks is not less than the percentage set forth for that model year in the following table: `Model yearPercentage Model years 2015 and 2016 --50 percent Model year 2017 and each subsequent model year --90 percent. `(b) Exception- Subsection (a) shall not apply to automobiles or light duty trucks that operate only on electricity.'. (b) Clerical Amendment- The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: `32902A. Requirement to manufacture dual fueled automobiles and light duty trucks.'. (c) Rulemaking- Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall prescribe regulations to carry out the amendments made by this Act. SEC. 4. BLENDER PUMP PROMOTION. (a) Blender Pump Grant Program- (1) DEFINITIONS- In this subsection: (A) BLENDER PUMP- The term `blender pump' means an automotive fuel dispensing pump capable of dispensing at least 3 different blends of gasoline and ethanol, as selected by the pump operator, including blends ranging from 0 percent ethanol to 85 percent denatured ethanol, as determined by the Secretary. (B) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. (C) ETHANOL FUEL BLEND- The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. (D) MAJOR FUEL DISTRIBUTOR- (i) IN GENERAL- The term `major fuel distributor' means any person that owns a refinery or directly markets the output of a refinery. (ii) EXCLUSION- The term `major fuel distributor' does not include any person that directly markets through less than 50 retail fueling stations. (E) SECRETARY- The term `Secretary' means the Secretary of Energy. (2) GRANTS- The Secretary shall make grants under this subsection to eligible facilities (as determined by the Secretary) to pay the Federal share of-- (A) installing blender pump fuel infrastructure, including infrastructure necessary for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks; and (B) providing subgrants to direct retailers of ethanol fuel blends (including E-85 fuel) for the purpose of installing fuel infrastructure for the direct retail sale of ethanol fuel blends (including E-85 fuel), including blender pumps and storage tanks. (3) LIMITATION- A major fuel distributor shall not be eligible for a grant or subgrant under this subsection. (4) FEDERAL SHARE- The Federal share of the cost of a project carried out under this subsection shall be up to 50 percent of the total cost of the project. (5) REVERSION- If an eligible facility or retailer that receives a grant or subgrant under this subsection does not offer ethanol fuel blends for sale for at least 2 years during the 4-year period beginning on the date of installation of the blender pump, the eligible facility or retailer shall be required to repay to the Secretary an amount determined to be appropriate by the Secretary, but not more than the amount of the grant provided to the eligible facility or retailer under this subsection. (6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary to carry out this subsection, to remain available until expended-- (A) $50,000,000 for fiscal year 2014; (B) $100,000,000 for fiscal year 2015; (C) $200,000,000 for fiscal year 2016; (D) $300,000,000 for fiscal year 2017; and (E) $350,000,000 for fiscal year 2018. (b) Installation of Blender Pumps by Major Fuel Distributors at Owned Stations and Branded Stations- Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: `(13) INSTALLATION OF BLENDER PUMPS BY MAJOR FUEL DISTRIBUTORS AT OWNED STATIONS AND BRANDED STATIONS- `(A) DEFINITIONS- In this paragraph: `(i) E-85 FUEL- The term `E-85 fuel' means a blend of gasoline approximately 85 percent of the content of which is ethanol. `(ii) ETHANOL FUEL BLEND- The term `ethanol fuel blend' means a blend of gasoline and ethanol, with a minimum of 0 percent and maximum of 85 percent of the content of which is denatured ethanol. `(iii) MAJOR FUEL DISTRIBUTOR- `(I) IN GENERAL- The term `major fuel distributor' means any person that owns a refinery or directly markets the output of a refinery. `(II) EXCLUSION- The term `major fuel distributor' does not include any person that directly markets through less than 50 retail fueling stations. `(iv) SECRETARY- The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture. `(B) REGULATIONS- The Secretary shall promulgate regulations to ensure that each major fuel distributor that sells or introduces gasoline into commerce in the United States through majority-owned stations or branded stations installs or otherwise makes available one or more blender pumps that dispense E-85 fuel and ethanol fuel blends (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) for a period of not less than 5 years at not less than the applicable percentage of the majority-owned stations and the branded stations of the major fuel distributor specified in subparagraph (C). `(C) APPLICABLE PERCENTAGE- For the purpose of subparagraph (B), the applicable percentage of the majority-owned stations and the branded stations shall be determined in accordance with the following table: `Applicable percentage of majority-owned stations and branded stations Calendar year:Percent: 2016 --10 2018 --20 2020 --35 2022 and each calendar year thereafter --50. `(D) GEOGRAPHIC DISTRIBUTION- `(i) IN GENERAL- Subject to clause (ii), in promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph installs or otherwise makes available one or more blender pumps that dispense E-85 fuel and ethanol fuel blends at not less than a minimum percentage (specified in the regulations) of the majority-owned stations and the branded stations of the major fuel distributors in each State. `(ii) REQUIREMENT- In specifying the minimum percentage under clause (i), the Secretary shall ensure that each major fuel distributor installs or otherwise makes available one or more blender pumps described in that clause in each State in which the major fuel distributor operates. `(E) FINANCIAL RESPONSIBILITY- In promulgating regulations under subparagraph (B), the Secretary shall ensure that each major fuel distributor described in that subparagraph assumes full financial responsibility for the costs of installing or otherwise making available the blender pumps described in that subparagraph and any other equipment necessary (including tanks) to ensure that the pumps function properly. `(F) PRODUCTION CREDITS FOR EXCEEDING BLENDER PUMPS INSTALLATION REQUIREMENT- `(i) EARNING AND PERIOD FOR APPLYING CREDITS- If the percentage of the majority-owned stations and the branded stations of a major fuel distributor at which the major fuel distributor installs blender pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the major fuel distributor shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately after the calendar year for which the credits are earned. `(ii) TRADING CREDITS- Subject to clause (iii), a major fuel distributor that has earned credits under clause (i) may sell the credits to another major fuel distributor to enable the purchaser to meet the requirement under subparagraph (C). `(iii) EXCEPTION- A major fuel distributor may not use credits purchased under clause (ii) to fulfill the geographic distribution requirement in subparagraph (D).'. SEC. 5. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL PIPELINES. (a) Definitions- Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: `(6) RENEWABLE FUEL- The term `renewable fuel' has the meaning given the term in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), except that the term includes all types of ethanol and biodiesel. `(7) RENEWABLE FUEL PIPELINE- The term `renewable fuel pipeline' means a pipeline for transporting renewable fuel.'. (b) Amount- Section 1702(c) of the Energy Policy Act of 2005 (42 U.S.C. 16512(c)) is amended-- (1) by striking `(c) Amount- Unless' and inserting the following: `(c) Amount- `(1) IN GENERAL- Unless'; and (2) by adding at the end the following: `(2) RENEWABLE FUEL PIPELINES- A guarantee for a project described in section 1703(b)(11) shall be in an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued.'. (c) Renewable Fuel Pipeline Eligibility- Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: `(11) Renewable fuel pipelines.'. (d) Rapid Deployment of Renewable Fuel Pipelines- Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting `, or, in the case of projects described in paragraph (4), September 30, 2012' before the colon at the end; and (B) by adding at the end the following: `(4) Installation of sufficient infrastructure to allow for the cost-effective deployment of clean energy technologies appropriate to each region of the United States, including the deployment of renewable fuel pipelines through loan guarantees in an amount equal to 80 percent of the cost.'; and (2) in subsection (e), by inserting `, or, in the case of projects described in subsection (a)(4), September 30, 2012' before the period at the end. (e) Regulations- Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall promulgate such regulations as are necessary to carry out the amendments made by this section.
S.1554 Sep-26-13
STATUS: September 26, 2013. Introduced. July 30, 2014.--Subcommittee hearing held. S.1554 HUNT Act (Introduced in Senate - IS) S 1554 IS 113th CONGRESS1st SessionS. 1554 To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public land for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATESSeptember 26, 2013 Mr. HEINRICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the heads of Federal public land management agencies to prepare reports on the availability of public access and egress to Federal public land for hunting, fishing, and other recreational purposes, to amend the Land and Water Conservation Fund Act of 1965 to provide funding for recreational public access to Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Hunt Unrestricted on National Treasures Act' or the `HUNT Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL PUBLIC LAND MANAGEMENT AGENCY- The term `Federal public land management agency' means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management. (2) TRAVEL MANAGEMENT PLAN- The term `travel management plan' means a plan for the management of travel-- (A) with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations); (B) with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e)); (C) with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and (D) with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). SEC. 3. REPORT ON PUBLIC ACCESS AND EGRESS TO FEDERAL PUBLIC LAND. (a) Report- Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes-- (1) a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes-- (A) to which there is no public access or egress; or (B) to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency); (2) with respect to land described in paragraph (1), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) with respect to land described in paragraph (2), a plan developed by the Federal public land management agency that-- (A) identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality; (B) specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and (C) is consistent with the travel management plan in effect on the land. (b) List of Public Access Routes for Certain Land- Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes. (c) Means of Public Access and Egress Included- In considering public access and egress under subsections (a) and (b), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress-- (1) by motorized or non-motorized vehicles; and (2) on foot or horseback. (d) Effect- (1) IN GENERAL- This Act shall have no effect on whether a particular recreational use shall be allowed on the land described in paragraphs (1) and (2) of subsection (a). (2) EFFECT OF ALLOWABLE USES ON AGENCY CONSIDERATION- In preparing the plan under subsection (a)(3), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared. SEC. 4. FUNDS FOR PUBLIC ACCESS TO FEDERAL LAND FOR RECREATIONAL PURPOSES. Section 7(a)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l -9) is amended by adding at the end the following: `RECREATIONAL PUBLIC ACCESS TO FEDERAL LAND- In an amount not less than 1.5 percent of such moneys, for projects that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.'.