Legislation

Bill Introduced Description
S.715 Apr-11-13
STATUS: April 11, 2013.--Introduced. April 16, 2013.--Subcommittee on Water and Power hearing held. S.Hrg. 113-32. November 21, 2013.--Reported to Senate with amendments favorably. April 8, 2014.--Mr. Walsh added as cosponsor. May 22, 2014.--Reported with an amendment in the nature of a substitute. With written report S. Rpt. 113-167. May 22, 2014.--Placed on Senate Legislative Calendar [Calendar No. 393]. S.715 Authorized Rural Water Projects Completion Act (Introduced in Senate - IS) S 715 IS 113th CONGRESS1st SessionS. 715 To authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 11, 2013 Mr. BAUCUS (for himself, Mr. TESTER, Mr. UDALL of New Mexico, Ms. KLOBUCHAR, Mr. FRANKEN, Mr. JOHNSON of South Dakota, Mr. HEINRICH, Mr. HOEVEN, Ms. HEITKAMP, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to use designated funding to pay for construction of authorized rural water projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Authorized Rural Water Projects Completion Act'. SEC. 2. DEFINITIONS. In this Act: (1) FUND- The term `Fund' means the Reclamation Rural Water Construction Fund established by section 3(a). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. RECLAMATION RURAL WATER CONSTRUCTION FUND. (a) Establishment- There is established in the Treasury of the United States a fund, to be known as the `Reclamation Rural Water Construction Fund', consisting of-- (1) such amounts as are deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund under subsection (d). (b) Deposits to Fund- (1) IN GENERAL- For each of fiscal years 2014 through 2030, the Secretary of the Treasury shall deposit in the Fund $80,000,000 of the revenues that would otherwise be deposited for the fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (2) AVAILABILITY OF AMOUNTS- Amounts deposited in the Fund under paragraph (1) shall-- (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (3) LIMITATION- Notwithstanding paragraphs (1) and (2), no amounts may be deposited in, or made available from, the Fund under those paragraphs if the transfer or availability of the amounts would increase the deficit. (c) Expenditures From Fund- (1) IN GENERAL- (A) EXPENDITURES- Subject to subparagraph (B), for each of fiscal years 2014 through 2035, the Secretary may expend from the Fund not more than the sum of-- (i) $80,000,000; and (ii) the amount of interest accrued in the Fund for the fiscal year in which the expenditures are made. (B) ADDITIONAL EXPENDITURES- Notwithstanding subparagraph (A), the Secretary may expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if such amounts are available in the Fund due to expenditures not reaching $80,000,000 in 1 or more prior fiscal years. (2) USE- (A) IN GENERAL- Subject to subparagraph (B), the Secretary may use amounts from the Fund to complete construction of rural water projects-- (i) authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (ii) for which-- (I) pursuant to section 106(e) of the Rural Water Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility study has been submitted to the Secretary by September 30, 2012; and (II) an Act of Congress after the date of enactment of this Act has authorized the construction of the project. (B) LIMITATION- The Secretary may not use amounts from the Fund to pay for any operation and maintenance costs of an authorized rural water project. (3) CONDITIONS- The Secretary shall not expend any amounts from the Fund until the date on which the Secretary develops-- (A) programmatic goals to carry out this section that-- (i) would enable the completion of construction of the authorized rural water projects as expeditiously as possible; and (ii) reflect-- (I) the goals and priorities identified in the laws authorizing the authorized rural water projects; and (II) the goals of the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and (B) funding prioritization criteria to serve as a formula for distributing funds under this section that take into account-- (i) an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities; (ii) the status of the current stages of completion of the authorized rural water project; (iii) the financial needs of the affected rural and tribal communities; (iv) the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities; (v) the ability of the authorized rural water project to address regional and watershed level water supply needs; (vi) the ability of the authorized rural water project-- (I) to minimize water and energy consumption; and (II) to encourage the development of renewable energy resources, such as wind, solar, and hydropower elements; (vii) the need for the authorized rural water project to address-- (I) the needs of Indian tribes and members of Indian tribes; and (II) other community needs or interests; and (viii) such other factors as the Secretary determines to be appropriate to prioritize the use of available funds. (d) Investments of Amounts- (1) IN GENERAL- The Secretary shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) CREDITS TO FUND- The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (e) Transfers of Amounts- (1) IN GENERAL- The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) ADJUSTMENTS- Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (f) Termination- On September 30, 2035-- (1) the Fund shall terminate; and (2) the unexpended and unobligated balance of the Fund shall be transferred to the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
S.704 Apr-11-13
STATUS: April 11, 2013.--Introduced. S.704 Rachel Carson Nature Trail Designation Act of 2013 (Introduced in Senate - IS) S 704 IS 113th CONGRESS1st SessionS. 704 To designate the Rachel Carson Nature Trail, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 11, 2013 Mr. CASEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the Rachel Carson Nature Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Rachel Carson Nature Trail Designation Act of 2013'. SEC. 2. FINDINGS. Congress finds that Rachel Carson-- (1) was born on May 27, 1907, on a farm in Springdale, Pennsylvania, graduated magna cum laude with a bachelor's degree in biology from the Pennsylvania College for Women (later Chatham College), and was awarded a full scholarship that enabled her to obtain a master's degree in marine zoology from Johns Hopkins University in Baltimore; (2) was a world-renowned environmental scientist, writer, and educator; (3) worked as a writer, editor, and ultimately Editor-in-Chief for the U.S. Fish and Wildlife Service's publications department; (4) published the groundbreaking book Silent Spring in September 1962, which was translated into more than a dozen foreign languages and inspired the environmental movement; (5) used the National Park Service's Glover Archbold Park in the District of Columbia for her observations and study of nature and the environment; (6) accomplished much of her professional work at the United States Department of the Interior in the District of Columbia; (7) performed research on pesticides, the findings of which were sustained by a Science Advisory Committee appointed during President John F. Kennedy's administration, and resulted in State legislatures enacting pesticide-regulating legislation; (8) was inducted into the American Academy of Arts and Letters and received many other honors; (9) passed away on April 14, 1964, in Silver Spring, Maryland; and (10) leaves a rich legacy that will continue to benefit present and future generations well beyond the 50th anniversary of Silent Spring in September 2012. SEC. 3. DESIGNATION OF THE RACHEL CARSON TRAIL. (a) Designation- The trail located in Glover Archbold Park in the District of Columbia from Canal Road to Van Ness Street, designated by the National Park Service as Reservation 351 and 450, shall be designated and known as the `Rachel Carson Nature Trail'. (b) Reference- Any reference in any law, regulations, document, record, map, paper, or other record of the United States to the trail referred to in subsection (a) is deemed to be a reference to the `Rachel Carson Nature Trail'. (c) Signage- The Secretary of the Interior shall post signs on or near the Rachel Carson Nature Trail that include one or more of the following: (1) Information on Rachel Carson and her contributions to the environmental movement. (2) Images of Rachel Carson. (3) References to Rachel Carson's efforts to educate others about the importance of environmental protection, conservation, and sustainability.
S.702 Apr-10-13
STATUS: April 10, 2013.--Introduced. S.702 To designate the Quinebaug and Shetucket Rivers Valley National Heritage Corridor as `The Last Green Valley National Heritage Corridor'. (Introduced in Senate - IS) S 702 IS 113th CONGRESS1st SessionS. 702 To designate the Quinebaug and Shetucket Rivers Valley National Heritage Corridor as `The Last Green Valley National Heritage Corridor'. IN THE SENATE OF THE UNITED STATESApril 10, 2013 Mr. BLUMENTHAL (for himself, Mr. MURPHY, Ms. WARREN, and Mr. COWAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the Quinebaug and Shetucket Rivers Valley National Heritage Corridor as `The Last Green Valley National Heritage Corridor'. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDESIGNATION OF THE LAST GREEN VALLEY NATIONAL HERITAGE CORRIDOR. (a) In General- The Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (16 U.S.C. 461 note; Public Law 103-449) is amended-- (1) in section 103-- (A) in the heading, by striking `the quinebaug and shetucket rivers valley national heritage corridor' and inserting `the last green valley national heritage corridor'; and (B) in subsection (a), by striking `the Quinebaug and Shetucket Rivers Valley National Heritage Corridor' and inserting `The Last Green Valley National Heritage Corridor'; and (2) in section 108(2), by striking `the Quinebaug and Shetucket Rivers Valley National Heritage Corridor' and inserting `The Last Green Valley National Heritage Corridor established'. (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Quinebaug and Shetucket Rivers Valley National Heritage Corridor shall be deemed to be a reference to the `The Last Green Valley National Heritage Corridor'.
H.Res.697 Feb-14-13
STATUS: February 14, 2013.--Introduced in House. July 8, 2013.--Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-137. July 22, 2013.--Passed House, amended (voice vote) July 23, 2013.--Referred to Senate Energy and Natural Resources Committee. April 8, 2014.--Reported to Senate without amendment. S. Rept. 113-147. April 8, 2014.--Placed on Senate Legislative Calendar No. 353. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 17, 2014.--Presented to the President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-135. H.R.697 Three Kids Mine Remediation and Reclamation Act (Referred in Senate - RFS) HR 697 RFS 113th CONGRESS1st Session H. R. 697IN THE SENATE OF THE UNITED STATESJuly 23, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, 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 `Three Kids Mine Remediation and Reclamation Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL LAND- The term `Federal land' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) HAZARDOUS SUBSTANCE; POLLUTANT OR CONTAMINANT; REMEDY- The terms `hazardous substance', `pollutant or contaminant', and `remedy' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) HENDERSON REDEVELOPMENT AGENCY- The term `Henderson Redevelopment Agency' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) MAP- The term `map' means the map entitled `Three Kids Mine Project Area' and dated February 6, 2012. (5) RESPONSIBLE PARTY- The term `Responsible Party' means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment of the Three Kids Mine Project Site). (6) SECRETARY- The term `Secretary' means the Secretary of the Interior. (7) STATE- The term `State' means the State of Nevada. (8) THREE KIDS MINE PROJECT SITE- The term `Three Kids Mine Project Site' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non-Federal land; and (B) depicted as the `Three Kids Mine Project Site' on the map. SEC. 3. LAND CONVEYANCE. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions- (1) APPRAISAL; FAIR MARKET VALUE- (A) IN GENERAL- As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) APPRAISAL- The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is conducted in accordance with nationally recognized appraisal standards, including-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) REMEDIATION AND RECLAMATION COSTS- (i) IN GENERAL- The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) CONSIDERATIONS- The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a Responsible Party that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 (2011) entitled `Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters'. (iii) ASSESSMENT REQUIREMENTS- The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'; and (II) the most recent version of ASTM International Standard E-1903-11 entitled `Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process'. (iv) REVIEW OF CERTAIN INFORMATION- (I) IN GENERAL- The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation of the estimate under this subparagraph. (II) FINAL DETERMINATION- If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) DEADLINE- Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) APPRAISAL COSTS- The Henderson Redevelopment Agency or the Responsible Party shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B). (F) ADJUSTMENT- The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) MINE REMEDIATION AND RECLAMATION AGREEMENT EXECUTED- (A) IN GENERAL- The conveyance under subsection (a) shall be contingent on-- (i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); and (ii) the Secretary concurring, not later than 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met. (B) REQUIREMENTS- The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and the Responsible Party who will be obligated to perform under the consent order or agreement administered by the State that-- (i) obligates the Responsible Party to perform, after the conveyance of the Federal land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to ensure all remedial actions necessary to protect human health and the environment with respect to any hazardous substances, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) NOTIFICATION FROM AGENCY- As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). SEC. 4. WITHDRAWAL. (a) In General- Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals- Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities- Except as provided in subsection (a), nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by the existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Federal land that were constructed or permitted by the Bureau of Reclamation before the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RESPONSIBILITIES OF THE PARTIES. (a) Responsibility of Parties to Mine Remediation and Reclamation Agreement- On completion of the conveyance under section 3, the responsibility for complying with the mine remediation and reclamation agreement executed under section 3(b)(2) shall apply to the Responsible Party and the State of Nevada. (b) Savings Provision- If the conveyance under this Act has occurred, but the terms of the agreement executed under section 3(b)(2) have not been met, nothing in this Act-- (1) affects the responsibility of the Secretary to take any additional response action necessary to protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects-- (A) the application of, or obligation to comply with, any law, including any environmental or public health law; or (B) the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2). SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT. Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 note; Public Law 105-263) shall not apply to land conveyed under this Act. Passed the House of Representatives July 22, 2013. Attest: KAREN L. HAAS, Clerk.
S.684 Apr-09-13
STATUS: April 9, 2013.-- Introduced. April 16, 2013.--Subcommittee on Water and Power hearing held. May 16, 2013.--Full committee markup; Ordered to be reported with amendments favorably. July 15, 2013.--Reported to Senate with amendments. S. Rept. 113-74. July 15, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 131]. S.684 Mni Wiconi Project Act Amendments of 2013 (Introduced in Senate - IS) S 684 IS 113th CONGRESS1st SessionS. 684 To amend the Mni Wiconi Project Act of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 9, 2013 Mr. JOHNSON of South Dakota introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Mni Wiconi Project Act of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Mni Wiconi Project Act Amendments of 2013'. SEC. 2. OTHER AGENCY ASSISTANCE. The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: `SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE SIOUX RURAL WATER SYSTEM. `(a) Plans for Completion- `(1) IN GENERAL- In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. `(2) CONTENTS- The plan for each water supply system described in paragraph (1) shall require-- `(A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; `(B) the improvement, repair, and replacement of existing water systems; and `(C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. `(3) SUBMISSION TO CONGRESS- Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- `(A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; `(B) a report that includes-- `(i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; `(ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and `(iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and `(C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. `(b) Interagency Agreements- `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development-- `(A) to fulfill the trust responsibility of the United States; and `(B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems. `(2) COOPERATION- `(A) IN GENERAL- The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by-- `(i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and `(ii) constructing new rural water facilities, service lines, and other necessary features. `(B) ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY- The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). `(C) SECRETARY OF HEALTH AND HUMAN SERVICES- The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the `Indian Sanitation Facilities Act') (42 U.S.C. 2001 et seq.). `(D) SECRETARY OF HOUSING AND URBAN DEVELOPMENT- The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. `(3) LIVESTOCK DISTRIBUTION SYSTEMS- `(A) IN GENERAL- The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. `(B) ADMINISTRATION- For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. `(4) LEAD AGENCY- The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. `(5) ADMINISTRATION- `(A) IN GENERAL- Each agency head shall carry out the duties of the agency head under this subsection out of amounts made available to the agency head under annual appropriations and existing authority. `(B) AUTHORIZATION OF USE OF OTHER FEDERAL AGENCY FUNDS- Amounts made available to agencies other than the Bureau of Reclamation may be used to carry out this Act. `(C) ADDITIONAL FUNDING REQUESTS- Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. `(c) Upgrading Standards for Connecting Homes- The Director of the Bureau of Indian Affairs shall, through the use of existing programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks and drainfields, to ensure that houses within the service areas are able to meet the standards for connecting to those water systems.'. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Planning, Design, and Construction- Section 10(a) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended-- (1) in the first sentence, by striking `and $58,800,000 (based on October 1, 1997 price levels)' and inserting `, $58,800,000 (based on October 1, 1997 price levels), and $14,308,000 (based on October 1, 2011 price levels)'; (2) in the second sentence, by striking `2013' and inserting `2016'; and (3) in the third sentence, by striking `and October 1, 1997 (with respect to the $58,800,000)' and inserting `, October 1, 1997 (with respect to the $58,800,000), and October 1, 2011 (with respect to the $14,308,000)'. (b) Operation and Maintenance of Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux Water Supply System- Section 10(b) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended-- (1) in the first sentence, by striking `There are' and inserting the following: `(1) OPERATION AND MAINTENANCE- `(A) IN GENERAL- There are'; (2) in the second sentence, by striking `The operation' and inserting the following: `(B) WEST RIVER AND LYMAN-JONES RURAL WATER SYSTEMS- `(i) IN GENERAL- The operation'; (3) in the third sentence, by striking `Such fee' and inserting the following: `(ii) FEE BASIS- The fee described in clause (i)'; (4) in the fourth sentence, by striking `Such operation and maintenance payments' and inserting the following: `(iii) ADJUSTMENT OF PAYMENTS- The operation and maintenance payments under this subparagraph'; and (5) by adding after paragraph (1) (as so designated) the following: `(2) COMMUNITY WATER SYSTEMS UPGRADES- `(A) IN GENERAL- Not later than 5 years after the date of enactment of the Mni Wiconi Project Act Amendments of 2013, each public or tribal water system that is in existence on the date of enactment of this paragraph shall be transferred to the applicable rural water supply system, to be held in trust by the United States for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. `(B) IMPROVEMENTS AND REPAIRS AND REPLACEMENT- The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or proposed to be transferred under subparagraph (A).'.
S.681 Apr-09-13
STATUS: April 9, 2013.--Introduced. S.681 Offshore Fairness Act (Introduced in Senate - IS) S 681 IS 113th CONGRESS1st SessionS. 681 To extend the seaward boundaries of certain States, and for other purposes. IN THE SENATE OF THE UNITED STATESApril 9, 2013 Mr. VITTER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the seaward boundaries of certain 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. This Act may be cited as the `Offshore Fairness Act'. SEC. 2. DEFINITIONS. In this Act: (1) COAST LINE- The term `coast line' means the line of ordinary low water along the portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, as in existence on the day that is 1 day before the date of enactment of this Act (2) EXISTING INTEREST- The term `existing interest' means any lease, easement, right of use, or right-of-way on, or for any natural resources or minerals, underlying, expanded submerged land that is in existence on the date of conveyance of the expanded submerged land. (3) EXPANDED SEAWARD BOUNDARY- The term `expanded seaward boundary' means the boundary of a State that is 3 marine leagues seaward of the coast line of the State. (4) EXPANDED SUBMERGED LAND- The term `expanded submerged land' means the area of the outer Continental Shelf that is located between the point that is 3 miles seaward of the coast line of a State and the point that is 3 marine leagues seaward of the coast line of the State. (5) INTEREST OWNER- The term `interest owner' means any person holding an existing interest or a portion of an existing interest. (6) SECRETARY- The term `Secretary' means the Secretary of the Interior. (7) STATE- The term `State' means any of the States of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES. (a) Seaward Boundaries- Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended-- (1) by striking `The' at the beginning and inserting the following: `(a) In General- Except for the States described in subsection (b), the'; and (2) by adding at the end the following: `(b) Seaward Boundaries of Certain Coastal States- Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act: `(1) Alabama. `(2) Florida. `(3) Georgia. `(4) Louisiana. `(5) Mississippi. `(6) North Carolina. `(7) South Carolina. `(8) Virginia.'. (b) Conforming Amendments- Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended-- (1) in subsection (a)(2), by inserting `, or 3 marine leagues distant from the coast line of a State described in section 4(b),' after `the coast line of each such State'; and (2) in subsection (b)-- (A) by striking `from the coast line'; (B) by inserting `from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),' after `three geographical miles'; and (C) by inserting `from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),' after `three marine leagues'. SEC. 4. CONVEYANCE. (a) In General- Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act-- (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration- On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State-- (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability- As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from-- (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. SEC. 5. EFFECT. (a) In General- Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged Land- Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be-- (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (3) subject to-- (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (c) Existing Leases- (1) IN GENERAL- The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) DIVIDED LEASES- If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future Interests- This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation- (1) IN GENERAL- Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) LIMITATION- Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. SEC. 6. FISHERY MANAGEMENT RIGHTS. (a) In General- The Secretary of Commerce shall grant to each State exclusive fishery management authority over reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land. (b) Temporary Additional Authority- (1) IN GENERAL- In addition to the authority granted under subsection (a) and subject to paragraph (2), the Secretary of Commerce shall grant to each State exclusive fishery management authority over the red snapper fish (lutjanus campechanus), in the Gulf of Mexico and the Atlantic Ocean in the area of the outer Continental Shelf that is located between the expanded seaward boundary of a State and the point that is 200 miles seaward of the coast line of the State, consistent with the jurisdictional limit of the exclusive economic zone. (2) TERM- The authority under paragraph (1) shall remain in effect for any State until the date on which the Governor of that State has certified to the Secretary of Commerce, in writing, that the Governor is confident that the stock assessments of the National Oceanic and Atmospheric Administration for the red snapper fish (lutjanus campechanus) within the authority of the State, as established by this Act, are-- (A) accurate; and (B) based on sound science.
H.Res.678 Apr-15-13
STATUS: February 13, 2013: Introduced to House. March 25, 2013: Reported in House. April 13, 2013: Passed the House. April 15, 2013: Introduced in Senate. April 23, 2013: Hearing by Subcommittee (9) May 13, 2013: Reported to Senate without an amendment or written report. May 13, 2013: Placed on Senate Legislative Calendar [Calendar No. 72] June 3, 2013: Filed written report to the Senate. S. Rept. 113-39. August 1, 2013.--Passed Senate without amendment (Unanimous Consent). August 9, 2013.--Approved. Public Law 113-24. H.R.678 Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act (Referred in Senate - RFS) HR 678 RFS 113th CONGRESS1st Session H. R. 678IN THE SENATE OF THE UNITED STATESApril 15, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act'. SEC. 2. AUTHORIZATION. Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended-- (1) by striking `The Secretary is authorized to enter into contracts to furnish water' and inserting the following: `(1) The Secretary is authorized to enter into contracts to furnish water'; (2) by striking `(1) shall' and inserting `(A) shall'; (3) by striking `(2) shall' and inserting `(B) shall'; (4) by striking `respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects' and inserting `respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development'; and (5) by adding at the end the following: `(2)(A) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred conduit, or to the irrigation district or water users association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer for a small conduit hydropower project. `(B) If the irrigation district or water users association elects not accept a lease of power privilege offer under subparagraph (A), the Secretary shall offer the lease of power privilege to other parties in accordance with this subsection. `(3) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower development under this subsection, excluding siting of associated transmission facilities on Federal lands. `(4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower policy and procedure-setting activities conducted under this subsection. `(5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. `(6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or water users association operating the transferred conduit before offering the lease of power privilege and shall prescribe terms and conditions that will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. `(7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. `(8) Nothing in this subsection shall alter or affect any existing preliminary permit, license, or exemption issued by the Federal Energy Regulatory Commission under Part I of the Federal Power Act (16 U.S.C. 792 et seq.) or any project for which an application has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act. `(9) In this subsection: `(A) CONDUIT- The term `conduit' means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. `(B) IRRIGATION DISTRICT- The term `irrigation district' means any irrigation, water conservation or conservancy, multicounty water conservation or conservancy district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. `(C) RESERVED CONDUIT- The term `reserved conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. `(D) TRANSFERRED CONDUIT- The term `transferred conduit' means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. `(E) SMALL CONDUIT HYDROPOWER- The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.'. Passed the House of Representatives April 10, 2013.
H.Res.674 Jun-18-13
STATUS: June 18, 2013.--Introduced. H.R.674 Rota Cultural and Natural Resources Study Act (Referred in Senate - RFS) HR 674 RFS 113th CONGRESS1st Session H. R. 674IN THE SENATE OF THE UNITED STATESJune 18, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To authorize the Secretary of the Interior to study the suitability and feasibility of designating prehistoric, historic, and limestone forest sites on Rota, Commonwealth of the Northern Mariana Islands, as a unit of the National Park System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title- This Act may be cited as the `Rota Cultural and Natural Resources Study Act'. (b) Findings- Congress finds as follows: (1) The island of Rota was the only major island in the Mariana Islands to be spared the destruction and large scale land use changes brought about by World War II. (2) The island of Rota has been described by professional archeologists as having the most numerous, most intact, and generally the most unique prehistoric sites of any of the islands of the Mariana Archipelago. (3) The island of Rota contains remaining examples of what is known as the Latte Phase of the cultural tradition of the indigenous Chamorro people of the Mariana Islands. Latte stone houses are remnants of the ancient Chamorro culture. (4) Four prehistoric sites are listed on the National Register of Historic Places: Monchon Archeological District (also known locally as Monchon Latte Stone Village), Taga Latte Stone Quarry, the Dugi Archeological Site that contains latte stone structures, and the Chugai Pictograph Cave that contains examples of ancient Chamorro rock art. Alaguan Bay Ancient Village is another latte stone prehistoric site that is surrounded by tall-canopy limestone forest. (5) In addition to prehistoric sites, the island of Rota boasts historic sites remaining from the Japanese period (1914-1945). Several of these sites are on the National Register of Historic Places: Nanyo Kohatsu Kabushiki Kaisha Sugar Mill, Japanese Coastal Defense Gun, and the Japanese Hospital. (6) The island of Rota's natural resources are significant because of the extent and intact condition of its native limestone forest that provides habitat for several federally endangered listed species, the Mariana crow, and the Rota bridled white-eye birds, that are also native to the island of Rota. Three endangered plant species are also found on Rota and two are endemic to the island. (7) Because of the significant cultural and natural resources listed above, on September 2005, the National Park Service, Pacific West Region, completed a preliminary resource assessment on the island of Rota, Commonwealth of the Northern Mariana Islands, which determined that the `establishment of a unit of the national park system appear[ed] to be the best way to ensure the long term protection of Rota's most important cultural resources and its best examples of its native limestone forest.'. SEC. 2. NPS STUDY OF SITES ON THE ISLAND OF ROTA, COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) Study- The Secretary of the Interior shall-- (1) carry out a study regarding the suitability and feasibility of designating prehistoric, historic, and limestone forest sites on the island of Rota, Commonwealth of the Northern Mariana Islands, as a unit of the National Park System; and (2) consider management alternatives for the island of Rota, Commonwealth of the Northern Mariana Islands. (b) Study Process and Completion- Except as provided by subsection (c) of this section, section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) shall apply to the conduct and completion of the study required by this section. (c) Submission of Study Results- Not later than 3 years after the date that funds are made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. Passed the House of Representatives June 17, 2013. Attest: KAREN L. HAAS, Clerk.
S.659 Mar-22-13
STATUS: March 22, 2013.--Introduced. April 16, 2013.--Subcommittee on Water and Power hearing held. May 16, 2013.--Full committee markup; Ordered to be reported with an amendment favorably. July 15, 2013.--Reported to the Senate with an amendment. S. Rept. No. 113-73. July 15, 2013.--Placed on Senate Legislative Calendar. [Calendar No. 130]. S.659 To reauthorize the Reclamation States Emergency Drought Relief Act of 1991, and for other purposes. (Introduced in Senate - IS) S 659 IS 113th CONGRESS1st SessionS. 659 To reauthorize the Reclamation States Emergency Drought Relief Act of 1991, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 22, 2013 Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Reclamation States Emergency Drought Relief Act of 1991, 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. EXTENSION OF RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991. (a) Termination of Authority- Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking `2012' and inserting `2018'. (b) Authorization of Appropriations- Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended-- (1) by striking `$90,000,000' and inserting `$110,000,000'; and (2) by striking `2012' and inserting `2018'.
S.651 Mar-22-13
STATUS: March 22, 2013.--Introduced. S.651 Thompson Divide Withdrawal and Protection Act of 2013 (Introduced in Senate - IS) S 651 IS 113th CONGRESS1st SessionS. 651 To provide for the withdrawal and protection of certain Federal land in the State of Colorado, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 22, 2013 Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the withdrawal and protection of certain Federal land in the State of Colorado, 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 `Thompson Divide Withdrawal and Protection Act of 2013'. SEC. 2. FINDINGS AND PURPOSES. (a) Findings- Congress finds that-- (1) the Thompson Divide in western Colorado is an area comprised of Federal and non-Federal land that provides important watershed, scenic, recreational, wildlife, and other benefits to the general public and local communities; (2) the Thompson Divide provides rural character, a robust agriculture-based economy, and outstanding recreational and sporting opportunities to many surrounding communities; and (3) the Thompson Divide provides important spring and summer grazing land for historical ranching operations. (b) Purposes- The purposes of this Act are-- (1) subject to valid existing rights, to withdraw certain Federal land and mineral rights in the Thompson Divide Withdrawal and Protection Area from-- (A) disposition under the mineral and geothermal leasing laws of the United States; (B) location, patent, and entry under mining laws of the United States; and (C) all forms of appropriation or disposal under the public land laws; and (2) to allow for the retirement, purchase, donation, voluntary exchange, or other acquisition of mineral and other interests in land from willing sellers within the Thompson Divide Withdrawal and Protection Area. SEC. 3. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Thompson Creek Divide Proposed Withdrawal' and dated May 31, 2012. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA- The term `Thompson Divide Withdrawal and Protection Area' means the Federal land consisting of the approximately 183,000 acres depicted on the map as `Thompson Creek Divide Proposed Withdrawal'. SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) In General- Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys- The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. (c) Acquisition of Mineral Rights- (1) NOTIFICATION- (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall provide written notice to holders of valid existing mineral leases or other mineral interests within the Thompson Divide Withdrawal and Protection Area of the potential opportunity for donation, voluntary exchange, or other relinquishment of those rights for retirement under this Act. (B) NOTIFICATION TO SECRETARY- On receipt of the notification under subparagraph (A), a holder of a valid mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area may submit a written notice to the Secretary of the interest of the holder in the retirement or other conveyance of that right for withdrawal and protection purposes. (C) LIST OF INTERESTED HOLDERS- The Secretary shall prepare a list of interested holders under subparagraph (A) and make the list available to-- (i) the Secretary of Agriculture; (ii) any non-Federal nonprofit organization described in section 170(h) of the Internal Revenue Code of 1986; or (iii) any person interested in acquiring a right for retirement under this Act. (2) WITHDRAWAL AND RETIREMENT- If any mineral lease or other mineral interest is relinquished, donated to, exchanged, or otherwise acquired by the United States wholly or partially within the Thompson Divide Withdrawal and Protection Area under this Act or under the authority of the Secretary or the Secretary of Agriculture, respectively the land shall, without further action by the Secretary concerned, be automatically withdrawn from all forms of-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (3) PROHIBITION- The Secretary and the Secretary of Agriculture shall not use Federal funds to repurchase any valid Federal mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area. (4) APPLICABILITY- (A) EXISTING RIGHTS- Nothing in this Act expands, diminishes, impairs, or otherwise affects any valid existing mineral leases, mineral interest, or other private property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, rights, or land in accordance with applicable Federal, State, and local laws (including regulations). (B) PRIOR LEASE SALES- Nothing in this Act prohibits the Secretary from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease or any sold lease parcel that has not been issued pursuant to any lease sale carried out prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).