Legislation

Bill Introduced Description
S.2071 Feb-27-14
STATUS: February 27, 2014.--Introduced. S.2071 Outer Continental Shelf Permit Processing Coordination Act (Introduced in Senate - IS) S 2071 IS 113th CONGRESS2d SessionS. 2071 To establish outer Continental Shelf lease and permit processing coordination offices, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 27, 2014 Mr. BEGICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish outer Continental Shelf lease and permit processing coordination offices, 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 Permit Processing Coordination Act'. SEC. 2. DEFINITIONS. In this Act: (1) COORDINATION OFFICE- The term `coordination office' means a regional joint outer Continental Shelf lease and permit processing coordination office established under section 3(a). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING COORDINATION OFFICES. (a) Establishment- The Secretary shall establish-- (1) a regional joint outer Continental Shelf lease and permit processing coordination office for the Alaska region of the outer Continental Shelf; and (2) subject to subsection (c)-- (A) a regional joint outer Continental Shelf lease and permit processing coordination office for the Atlantic region of the outer Continental Shelf; and (B) a regional joint outer Continental Shelf lease and permit processing coordination office for the Pacific region of the outer Continental Shelf. (b) Memorandum of Understanding- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for the purposes of carrying out this section with-- (A) the Secretary of Commerce; (B) the Chief of Engineers; (C) the Administrator of the Environmental Protection Agency; (D) the head of any other Federal agency that may have a role in permitting activities; and (E) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (2) STATE PARTICIPATION- The Secretary shall request that the Governor of a State adjacent to the applicable outer Continental Shelf region be a signatory to the memorandum of understanding. (c) Date of Establishment- A coordination office described in subparagraph (A) or (B) of subsection (a)(2) shall not be established until the date on which a proposed lease sale is conducted for the Atlantic or Pacific region of the outer Continental Shelf, as applicable. (d) Designation of Qualified Staff- (1) IN GENERAL- Each Federal signatory party shall, if appropriate, assign to each of the coordination offices an employee who has expertise in the regulatory issues administered by the office in which the employee is employed relating to leasing and the permitting of oil and gas activities on the outer Continental Shelf by the date that is-- (A) in the case of the coordination office described in subsection (a)(1), not later than 30 days after the date of the signing of the memorandum of understanding relating to the applicable coordination office under subsection (b); or (B) in the case of a coordination office established under subsection (a)(2), not later than 30 days after the date of establishment of the applicable coordination office under subsection (c). (2) DUTIES- An employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the applicable coordination office; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the applicable team of personnel working on proposed oil and gas leasing and permitting, including planning and environmental analyses. (e) Transfer of Funds- For the purposes of coordination and processing of oil and gas use authorizations for the applicable outer Continental Shelf region, the Secretary may authorize the expenditure or transfer of such funds as are necessary to-- (1) the Secretary of Commerce; (2) the Chief of Engineers; (3) the Administrator of the Environmental Protection Agency; (4) the head of any other Federal agency having a role in permitting activities; (5) any State adjacent to the applicable outer Continental Shelf region; and (6) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (f) Effect- Nothing in this section-- (1) authorizes the establishment of a regional joint outer Continental Shelf lease and permit processing coordination office for the Gulf of Mexico region of the outer Continental Shelf; (2) affects the operation of any Federal or State law; or (3) affects any delegation of authority made by the head of a Federal agency for employees that are assigned to a coordination office. (g) Funding- (1) IN GENERAL- There is authorized to be appropriated $2,000,000 for the coordination office described in subsection (a)(1) for each of fiscal years 2015 through 2025, to remain available until expended. (2) OTHER COORDINATION OFFICES- Notwithstanding any other provision of law-- (A) of the amounts received by the Secretary from the sale of bonus bids in the Atlantic region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(A) for the fiscal year; and (B) of the amounts received by the Secretary from the sale of bonus bids in the Pacific region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(B) for the fiscal year. SEC. 4. JUDICIAL REVIEW. (a) Exclusive Jurisdiction- Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to review any claim relating to an action by the Administrator of the Environmental Protection Agency or the Secretary of the Interior with respect to the review, approval, denial, or issuance of an oil or natural gas lease or permit in the area of the outer Continental Shelf described in section 3(a)(1). (b) Deadline for Filing Claim- A claim described in subsection (a) may be brought not later than 60 days after the date of the action giving rise to the claim. (c) Expedited Consideration- The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil and natural gas resources in the area of the outer Continental Shelf described in section 3(a)(1) that are needed to meet the anticipated demand for oil and natural gas.
S.2052 Feb-27-14
STATUS: February 27, 2014.--Introduced. S.2052 Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act (Introduced in Senate - IS) S 2052 IS 113th CONGRESS2d SessionS. 2052 To reauthorize the weatherization and State energy programs, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 27, 2014 Mr. COONS (for himself, Ms. COLLINS, Mr. REED, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the weatherization and State energy programs, 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 `Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM Sec. 101. Reauthorization of Weatherization Assistance Program. Sec. 102. Grants for new, self-sustaining low-income, single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations. Sec. 103. Standards program. TITLE II--STATE ENERGY PROGRAM Sec. 201. Reauthorization of State energy program. SEC. 2. FINDINGS. Congress finds that-- (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) (referred to in this section as `SEP') and the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) (referred to in this section as `WAP') have proven to be beneficial, long-term partnerships among Federal, State, and local partners; (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through-- (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.); (B) the Energy Conservation and Production Act (42 U.S.C. 6801 et seq.); (C) the State Energy Efficiency Programs Improvement Act of 1990 (Public Law 101-440; 104 Stat. 1006); (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); and (F) the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.); (3) the SEP, also known as the `State energy conservation program'-- (A) was first created in 1975 to implement a State-based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP-- (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of the Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes, building on the success of the existing program without replacing the existing WAP network or creating a separate delivery mechanism for basic WAP services; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General's of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM. Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking `appropriated--' and all that follows through the period at the end and inserting `appropriated $450,000,000 for each of fiscal years 2015 through 2019.'. SEC. 102. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT ORGANIZATIONS. The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: `SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE HOUSING AND ENERGY NONPROFIT ORGANIZATIONS. `(a) Purposes- The purposes of this section are-- `(1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; `(2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; `(3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income energy retrofit programs of the covered organizations; and `(4) to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended. `(b) Definitions- In this section: `(1) COVERED ORGANIZATION- The term `covered organization' means an organization that-- `(A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and `(B) has an established record of constructing, renovating, repairing, or making energy efficient a total of not less than 250 owner-occupied, single-family or multifamily homes per year for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). `(2) LOW-INCOME- The term `low-income' means an income level that is not more than 200 percent of the poverty level (as determined in accordance with criteria established by the Director of the Office of Management and Budget) applicable to a family of the size involved, except that the Secretary may establish a higher or lower level if the Secretary determines that a higher or lower level is necessary to carry out this section. `(3) WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME PERSONS- The term `Weatherization Assistance Program for Low-Income Persons' means the program established under this part (including part 440 of title 10, Code of Federal Regulations). `(c) Competitive Grant Program- The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. `(d) Award Factors- In making grants under this section, the Secretary shall consider-- `(1) the number of low-income homes the applicant-- `(A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and `(B) can reasonably be projected to build, renovate, repair, or make energy efficient during the 10-year period beginning on the date of the application; `(2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; `(3) the number and diversity of States and climates in which the applicant works as of the date of the application; `(4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; `(5) the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended; `(6) regional diversity; `(7) urban, suburban, and rural localities; and `(8) such other factors as the Secretary determines to be appropriate. `(e) Applications- `(1) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Secretary shall request proposals from covered organizations. `(2) ADMINISTRATION- To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. `(3) AWARDS- Not later than 90 days after the date of issuance of a request for proposals, the Secretary shall award grants under this section. `(f) Eligible Uses of Grant Funds- A grant under this section may be used for-- `(1) energy efficiency audits, cost-effective retrofit, and related activities in different climatic regions of the United States; `(2) energy efficiency materials and supplies; `(3) organizational capacity-- `(A) to significantly increase the number of energy retrofits; `(B) to replicate an energy retrofit program in other States; and `(C) to ensure that the program is self-sustaining after the Federal grant funds are expended; `(4) energy efficiency, audit and retrofit training, and ongoing technical assistance; `(5) information to homeowners on proper maintenance and energy savings behaviors; `(6) quality control and improvement; `(7) data collection, measurement, and verification; `(8) program monitoring, oversight, evaluation, and reporting; `(9) management and administration (up to a maximum of 10 percent of the total grant); `(10) labor and training activities; and `(11) such other activities as the Secretary determines to be appropriate. `(g) Maximum Amount- The amount of a grant provided under this section shall not exceed-- `(1) if the amount made available to carry out this section for a fiscal year is $225,000,000 or more, $5,000,000; and `(2) if the amount made available to carry out this section for a fiscal year is less than $225,000,000, $1,500,000. `(h) Guidelines- `(1) IN GENERAL- Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. `(2) ADMINISTRATION- The guidelines-- `(A) shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but `(B) may rely on applicable provisions of law governing the Weatherization Assistance Program for Low-Income Persons to establish-- `(i) standards for allowable expenditures; `(ii) a minimum savings-to-investment ratio; `(iii) standards-- `(I) to carry out training programs; `(II) to conduct energy audits and program activities; `(III) to provide technical assistance; `(IV) to monitor program activities; and `(V) to verify energy and cost savings; `(iv) liability insurance requirements; and `(v) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. `(i) Review and Evaluation- The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. `(j) Compliance With State and Local Law- Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. `(k) Annual Reports- The Secretary shall submit to Congress annual reports that provide-- `(1) findings; `(2) a description of energy and cost savings achieved and actions taken under this section; and `(3) any recommendations for further action. `(l) Funding- Of the amount of funds that are made available to carry out the Weatherization Assistance Program for each of fiscal years 2015 through 2019 under section 422, the Secretary shall use to carry out this section for each of fiscal years 2015 through 2019-- `(1) 2 percent of the amount if the amount is less than $225,000,000; `(2) 5 percent of the amount if the amount is $225,000,000 or more but less than $260,000,000; `(3) 10 percent of the amount if the amount is $260,000,000 or more but less than $400,000,000; and `(4) 20 percent of the amount if the amount is $400,000,000 or more.'. SEC. 103. STANDARDS PROGRAM. Section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865) is amended by adding at the end the following: `(f) Standards Program- `(1) CONTRACTOR QUALIFICATION- Effective beginning January 1, 2015, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be-- `(A) accredited by the Building Performance Institute; `(B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or `(C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. `(2) GRANTS FOR ENERGY RETROFIT MODEL PROGRAMS- `(A) IN GENERAL- To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who-- `(i) is certified or accredited in accordance with paragraph (1); and `(ii) supervises the work performed with grant funds. `(B) VOLUNTEER LABOR- A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. `(C) TRAINING- The Secretary shall use training and technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing training to obtain certification required under this subsection, including provisional or temporary certification. `(3) MINIMUM EFFICIENCY STANDARDS- Effective beginning October 1, 2015, the Secretary shall ensure that-- `(A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; `(B) at least 10 percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and `(C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary.'. TITLE II--STATE ENERGY PROGRAM SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAM. Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking `$125,000,000 for each of fiscal years 2007 through 2012' and inserting `$75,000,000 for each of fiscal years 2015 through 2019'.
S.2034 Feb-24-14
Status: February 24, 2014.--Introduced. February 27, 2014.-- Subcommittee on Water and Power hearing held. S.2034 Reclamation Title Transfer Act of 2014 (Introduced in Senate - IS) S 2034 IS 113th CONGRESS2d SessionS. 2034 To authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 24, 2014 Mr. SCHATZ 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 establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, 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 `Reclamation Title Transfer Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) CONVEYED PROPERTY- The term `conveyed property' means an eligible facility that has been conveyed to a qualifying entity under section 3(b)(1). (2) ELIGIBLE FACILITY- (A) IN GENERAL- The term `eligible facility' means a reclamation project or facility, or a portion of a reclamation project or facility, for which the United States holds title and that meets the criteria for potential transfer established under section 5(a). (B) INCLUSIONS- The term `eligible facility' includes dams and appurtenant works, infrastructure, recreational facilities, buildings, distribution and drainage works, and associated land or interests in land or water. (3) QUALIFYING ENTITY- The term `qualifying entity' means a State, unit of local government, Indian tribe, municipal corporation, quasi-municipal corporation, or other entity (such as a water district) that, as determined by the Secretary, has the capacity to continue to manage the conveyed property for the same purposes that the conveyed property has been managed for under the reclamation laws. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation. SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM. (a) Establishment of Title Transfer Program- The Secretary may establish a program that-- (1) identifies and analyzes the potential for public benefits from the transfer out of Federal ownership of eligible facilities, including analyses of the financial, operational, and environmental characteristics of the eligible facilities proposed for transfer; and (2) facilitates the transfer to qualifying entities of the title to eligible facilities to promote more efficient management of water and water-related facilities. (b) Authorization To Transfer Title to Eligible Facilities- (1) IN GENERAL- The Secretary, without further authorization from Congress, may convey to a qualifying entity all right, title, and interest of the United States in and to any eligible facility, subject to paragraphs (2) through (6). (2) RIGHT OF FIRST REFUSAL- If the entity that operates an eligible facility at the time that the Secretary attempts to facilitate the transfer of title under subsection (a)(2) is a qualifying entity, that entity shall have the right of first refusal to receive the conveyance under paragraph (1). (3) RESERVATION OF EASEMENT- The Secretary may reserve an easement over a conveyed property if the Secretary determines that the easement is necessary for the management of any interests retained by the Federal Government under this Act. (4) MINERAL INTERESTS- (A) RETENTION- The Secretary shall retain any mineral interests associated with a conveyed property. (B) MANAGEMENT- The mineral interests retained under subparagraph (A) shall be managed-- (i) consistent with Federal law; and (ii) in a manner that would not interfere with the purposes for which the reclamation project was authorized. (5) INTERESTS IN WATER- No interests in water shall be conveyed under this Act unless the conveyance is provided for in writing in an agreement between the Secretary and the qualifying entity. (6) ADDITIONAL CRITERIA- Title transfers under this section shall be carried out consistent with-- (A) this Act; and (B) any additional criteria or procedures that the Secretary determines to be in the public interest. (c) Restrictions on Use- As a condition of obtaining title to an eligible facility, the qualifying entity shall agree to use the eligible facility for substantially the same purposes the eligible facility is being used for during the period in which the eligible facility was under reclamation ownership. SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS. Before conveying eligible facilities under this Act, the Secretary shall complete all actions required under all applicable laws, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.). SEC. 5. ELIGIBILITY CRITERIA. (a) Establishment- The Secretary shall establish criteria for determining whether facilities are eligible for conveyance under this Act. (b) Minimum Requirements- (1) AGREEMENT OF QUALIFYING ENTITY- The criteria established under subsection (a) shall include a requirement that a qualifying entity agree-- (A) to accept title to the eligible facility; (B) to accept all liability for the eligible facility, except as otherwise provided in section 6; (C) to use the eligible facility for substantially the same purposes the eligible facility is being used for at the time the Secretary evaluates the potential transfer; and (D) to provide, as consideration for the assets to be conveyed, compensation to the United States in an amount that is the equivalent of the net present value of any repayment obligation to the United States or other income stream the United States derives from the eligible facility to be transferred as of the date of the transfer. (2) DETERMINATIONS OF SECRETARY- (A) IN GENERAL- The criteria established under subsection (a) shall include a requirement that the Secretary, in consultation with the Governor of any State in which the project is located, determine that the proposed transfer-- (i) would not have an unmitigated significant effect on the environment; (ii) is uncomplicated, based on, as determined by the Secretary-- (I) there being no significant opposition to the proposed transfer; (II) the eligible facility not being hydrologically integrated with other Federal or non-Federal water projects; (III) the eligible facility not generating significant quantities of electric power sold to, or eligible to be sold to, power customers (other than the project itself); and (IV) the parties to the transfer being able to reach agreement on legal, institutional, and financial arrangements relating to the conveyance; (iii) is consistent with the responsibility of the Secretary-- (I) to protect land and water resources held in trust for federally recognized Indian tribes; and (II) to ensure compliance with any applicable international treaties and interstate compacts; and (iv) is in the financial interest of the United States. (B) PUBLICATION- The Secretary shall make publically available information on how the Secretary made the determinations under subparagraph (A). (3) STATUS OF RECLAMATION LAND- The criteria established under subsection (a) shall require that any land to be conveyed out of Federal ownership under this Act is-- (A) land acquired by the Secretary; or (B) land withdrawn by the Secretary, only if-- (i) the Secretary determines in writing that the withdrawn land is encumbered by reclamation project facilities to the extent that the withdrawn land is unsuitable for return to the public domain; and (ii) the qualifying entity agrees to pay fair market value for the withdrawn land to be conveyed. SEC. 6. LIABILITY. (a) In General- Except as provided in subsection (b), effective beginning on the date of conveyance of any eligible facility under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence based on the prior ownership or operation of the conveyed property. (b) Limitation- Notwithstanding subsection (a), the United States shall retain the responsibilities and authorities of the United States for a conveyed property based on the prior ownership or operation of the conveyed property by the United States under Federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 7. BENEFITS. After a conveyance of an eligible facility under this Act-- (1) the conveyed property shall no longer be considered to be a part of a reclamation project; and (2) the entity to which the conveyed property is conveyed shall not be eligible to receive any benefits with respect to the conveyed property (including project power), except for benefits that would be available to a similarly situated entity with respect to property that is not part of a reclamation project. SEC. 8. COMPLIANCE WITH OTHER LAWS. (a) In General- After a conveyance of title under this Act, the qualifying entity to which the property is conveyed shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of the conveyed property. (b) Effect- (1) IN GENERAL- Nothing in this Act shall affect or interfere with-- (A) the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation or for any other purpose; (B) any vested right acquired under State law; or (C) any interstate compact, decree, or negotiated water rights agreement. (2) CONFORMITY WITH STATE LAW- In carrying out this Act, the Secretary shall proceed in conformity with the State laws and rights acquired under State law described in paragraph (1). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General- There are authorized to be appropriated to carry out this Act such sums as are necessary. (b) Use of Amounts- Amounts made available under subsection (a) may be used-- (1) to carry out the investigations to carry out this Act; and (2) to pay any other costs associated with conveyances under this Act, including an appropriate Federal share of the costs of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law. (c) Not Treated as Project Costs- Expenditures made by the Secretary under this Act-- (1) shall not be a project cost assignable to a reclamation project; and (2) shall be nonreimbursable. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to carry out conveyances under this Act shall terminate 15 years after the date of enactment of this Act.
S.2031 Feb-12-14
STATUS: February 12, 2014.--Introduced. June 3, 2014.--Mr. Johnson (R-WI) added as cosponsor. July 23, 2014.--Hearing by subcommittee. (56) S.2031 Ashland Breakwater Light Transfer Act (Introduced in Senate - IS) S 2031 IS 113th CONGRESS2d SessionS. 2031 To amend the Act to provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes, to adjust the boundary of that National Lakeshore to include the lighthouse known as Ashland Harbor Breakwater Light, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 12, 2014 Ms. BALDWIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Act to provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes, to adjust the boundary of that National Lakeshore to include the lighthouse known as Ashland Harbor Breakwater Light, 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 `Ashland Breakwater Light Transfer Act'. SEC. 2. BOUNDARY ADJUSTMENT TO INCLUDE LIGHTHOUSE. The Act entitled `An Act to provide for the establishment of the Apostle Islands National Lakeshore in the State of Wisconsin, and for other purposes.', approved September 26, 1970 (16 U.S.C. 460w et seq.), is amended as follows: (1) In the first section as follows: (A) In subsection (a)-- (i) by striking `the area' and inserting `The area'; and (ii) by striking `; and' and inserting a period. (B) In subsection (b), by striking the final period. (C) By inserting after `1985.' the following: `(c) Ashland Harbor Breakwater Light- `(1) The Ashland Harbor Breakwater Light generally depicted on the map titled `Ashland Harbor Breakwater Light Addition to Apostle Islands National Lakeshore' and dated February 11, 2014, located at the end of the breakwater on Chequamegon Bay, Wisconsin. `(2) Congress does not intend for the designation of the property under paragraph (1) to create a protective perimeter or buffer zone around the boundary of that property.'. (2) In section 3, by striking `: Provided ' and all that follows through the period. (3) In section 6 as follows: (A) By striking `The lakeshore' and inserting: `(a) In General- The lakeshore'. (B) By inserting `this section and' before `the provisions of'. (C) By adding after subsection (a) the following: `(b) Federal Use- Rights to use a portion of the land and facilities of the lakeshore may be retained by-- `(1) the Army Corps of Engineers for breakwater maintenance; and `(2) the Coast Guard for Federal aids to navigation (as defined in section 308(e)(4) of Public Law 89-665; 16 U.S.C. 470w-7(e)(4)). `(c) Cooperation- The National Park Service, the Coast Guard, and the Army Corps of Engineers shall cooperate in their operations so as to not lower the standards evolved for the operation of units of the National Park System, Federal aids to navigation, and harbor maintenance under Federal law with respect to the lakeshore. `(d) Clarification of Authority- Pursuant to existing authorities, the Secretary may enter into agreements with the City of Ashland, County of Ashland, and County of Bayfield, Wisconsin, for the purpose of cooperative law enforcement and emergency services within the boundaries of the lakeshore.'.
S.2020 Feb-12-14
STATUS: February 12, 2014.--Introduced. June 18, 20114.--Mr. Schatz added as cosponsor. S.2020 Puerto Rico Status Resolution Act (Introduced in Senate - IS) S 2020 IS 113th CONGRESS2d SessionS. 2020 To set forth the process for Puerto Rico to be admitted as a State of the Union. IN THE SENATE OF THE UNITED STATESFebruary 12, 2014 Mr. HEINRICH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To set forth the process for Puerto Rico to be admitted as a State of the Union. 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 `Puerto Rico Status Resolution Act'. SEC. 2. FINDINGS AND PURPOSES. (a) Findings- Congress finds that-- (1) in 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship by law since March 2, 1917; (2) Puerto Rico has been granted authority over local matters that is similar to the authority that the several States possess, but Puerto Rico remains subject to the powers of Congress under the Territory Clause of the Constitution of the United States; (3) the approximately 3,700,000 residents of Puerto Rico do not have a democratic form of government at the national level, because-- (A) United States citizens residing in the territory-- (i) are disenfranchised in the election for the President and the Vice President; and (ii) are not represented in the United States Senate; and (B) the 1 representative of United States citizens residing in the territory in the House of Representatives can only vote in committees of the House of Representatives; (4) the Federal Government may, and often does, treat Puerto Rico and residents of Puerto Rico unequally under Federal program, tax, and other laws relative to the several States and the District of Columbia and residents; (5)(A) on November 6, 2012, the Government of Puerto Rico held a 2-part referendum; (B) the first question asked voters if Puerto Rico `should continue to have its present form of territorial status'; and (C) of the 1,798,987 voters who chose an option, 53.97 percent voted against continued territorial status; (6)(A) the second question asked voters to express their preference among the 3 possible alternatives to territorial status: statehood, independence, and nationhood in free association with the United States; and (B) of the 1,363,854 voters who chose an option, 61.16 percent voted for statehood; and (7) the number of votes cast in favor of statehood exceeded the number of votes cast in favor of continued territorial status. (b) Purposes- The purposes of this Act are-- (1) to provide for a federally authorized ratification vote in Puerto Rico on the admission of Puerto Rico into the Union as a State; and (2) if a majority of voters ratify the desire of Puerto Rico for statehood, to describe the steps that the President and Congress shall take to enable the admission of Puerto Rico as a State of the Union. SEC. 3. RATIFICATION VOTE. The State Elections Commission of Puerto Rico is authorized to provide for a ratification vote on the admission of Puerto Rico into the Union as a State, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility, with the following on the ballot: `As a State: `(A) Puerto Rico would be permanently united to the other States of the Union. `(B) All provisions of the Constitution of the United States that apply to the States would apply to Puerto Rico. `(C) Individuals born in Puerto Rico would be United States citizens by virtue of the Constitution of the United States, instead of by virtue of laws of the United States. `(D) Puerto Rico would be treated equally with the other States in all Federal laws of general application. `(E) There would be a period of transition to statehood, during which equal treatment of Puerto Rico in program and tax laws would be phased in. `(F) Puerto Rico would be represented-- `(i) in the Senate by 2 Senators; `(ii) in the House of Representatives by a number of Representatives in proportion to its share of the national population (and the number of Members of the House of Representatives would be increased by the same number); and `(iii) for the election of the President and the Vice President by a number of votes in the Electoral College equal to the number of its Senators and Representatives. `(G) The Government of Puerto Rico, like the governments of the other States, would have permanent authority over all matters not delegated to the Federal Government or the people by the Constitution of the United States. Do you want Puerto Rico to be admitted as a State of the United States? Yes XX No XX '. SEC. 4. IMPLEMENTATION. (a) Presidential Action- If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, the President, not later than 180 days after the certification of the vote, shall submit to Congress legislation to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act. (b) Legislative Action- If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, this Act constitutes a commitment by Congress to act, through legislation, to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act.
S.2019 Feb-12-14
STATUS: February 12, 2014.--Introduced. February 27, 2014.--Subcommittee on Water and Power hearing held. June 18, 2014.--Full committee business meeting. Ordered reported with amendments favorably. July 31, 2014.--Reported with amendments. S. Rept. 113-230. July 31, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 517] S.2019 SECURE Water Amendments Act of 2014 (Introduced in Senate - IS) S 2019 IS 113th CONGRESS2d SessionS. 2019 To reauthorize and update certain provisions of the Secure Water Act. IN THE SENATE OF THE UNITED STATESFebruary 12, 2014 Mr. SCHATZ (for himself, Mr. HEINRICH, Mr. WYDEN, Mr. UDALL of New Mexico, Ms. HIRONO, and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize and update certain provisions of the Secure Water Act. 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 `SECURE Water Amendments Act of 2014'. SEC. 2. AUTHORIZED ACTIVITIES; ELIGIBILITY; AUTHORIZATION OF APPROPRIATIONS. (a) In General- Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(H)-- (i) in clause (i), by striking `or' at the end; (ii) in clause (ii), by striking the period and inserting `; or'; and (iii) by adding at the end the following: `(iii) to plan for or address the impacts of drought.'; and (B) in paragraph (2)(A)-- (i) by striking `; and' and inserting `; or'; (ii) by striking `(A) be located within the States' and inserting the following: `(A) be located in-- `(i) the States'; and (iii) by adding at the end the following: `(ii) the State of Hawaii; and'; and (2) in subsection (e), by striking `There is' and all that follows through `$200,000,000' and inserting `There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2015 through 2023'. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL WATER AVAILABILITY AND USE ASSESSMENT PROGRAM. Section 9508(e)(2) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(e)(2)) is amended by striking `$12,500,000 for the period of fiscal years 2009 through 2013' and inserting `such sums as are necessary for the period of fiscal years 2014 through 2023'.
S.2018 Feb-12-14
STATUS: February 12, 2014.--Introduced. April 9, 2014.--Mr. Enzi added as cosponsor. May 12, 2014.--Mr. Begich added as cosponsor. S.2018 River Paddling Protection Act (Introduced in Senate - IS) S 2018 IS 113th CONGRESS2d SessionS. 2018 To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 12, 2014 Mr. BARRASSO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, 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 `River Paddling Protection Act'. SEC. 2. REGULATIONS SUPERSEDED. (a) In General- The rivers and streams of Yellowstone National Park and Grand Teton National Park shall be open to hand-propelled vessels as determined by the Director of the National Park Service within 3 years of the date of enactment of this Act. Beginning on the date that is 3 years after the date of enactment of this Act, the following regulations shall have no force or effect regarding closing rivers and streams of Yellowstone National Park and Grand Teton National Park to hand-propelled vessels: (1) Section 7.13(d)(4)(ii) of title 36, Code of Federal Regulations, regarding vessels on streams and rivers in Yellowstone National Park. (2) Section 7.22(e)(3) of title 36, Code of Federal Regulations, regarding vessels on lakes and rivers in Grand Teton National Park. (b) Coordination of Recreational Use- The Fish and Wildlife Service shall coordinate any recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge with Grand Teton National Park to ensure such use is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
S.2016 Feb-11-14
STATUS: February 11, 2014.--Introduced. S.2016 California Emergency Drought Relief Act of 2014 (Introduced in Senate - IS) S 2016 IS 113th CONGRESS2d SessionS. 2016 To direct the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies and disaster assistance to the State of California due to drought, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 11, 2014 Mrs. FEINSTEIN (for herself, Mrs. BOXER, Mr. WYDEN, and Mr. MERKLEY) 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 Interior, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies and disaster assistance to the State of California due to drought, 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 `California Emergency Drought Relief Act of 2014'. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Emergency projects. Sec. 104. Emergency funding. Sec. 105. Emergency environmental reviews. Sec. 106. State revolving funds. Sec. 107. Drought planning assistance. Sec. 108. Calfed Bay-Delta Act reauthorization. Sec. 109. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 110. Secure Water Act reauthorization. Sec. 111. Effect on State laws. Sec. 112. Klamath Basin water supply. Sec. 113. Termination of authorities. TITLE II--EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS Sec. 201. Emergency supplemental agriculture disaster appropriations. TITLE III--FEDERAL DISASTER ASSISTANCE Sec. 301. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. TITLE IV--EMERGENCY DESIGNATIONS Sec. 401. Emergency designations. TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF SEC. 101. FINDINGS. Congress finds that-- (1) as established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions; (2) extremely dry conditions have persisted in the State since 2012, and the current drought conditions are likely to persist into the future; (3) the water supplies of the State are at record-low levels, as indicated by a statewide average snowpack of 12 percent of the normal average for winter as of February 1, 2014, and the fact that all major Central Valley Project reservoir levels are below 50 percent of the capacity of the reservoirs as of the date of enactment of this Act; (4) the 2013-2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the State; (5) the emergency requires-- (A) immediate and credible action that respects the complexity of the State of California's water system and its importance to the entire State; and (B) policies that do not pit stakeholders against one another, which history has shown only leads to costly litigation that benefits no one and prevents any real solutions; (6) Federal law (including regulations) directly authorizes expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to such a type and severity of emergency; and (7) the serious emergency posed by the 2013-2014 drought in the State fully satisfies the conditions necessary for the exercise of emergency decisionmaking, analytical, and public review requirements under-- (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (C) water control management procedures of the Corps of Engineers described in section 222.5 of title 33, Code of Federal Regulations (including successor regulations); and (D) the Reclamation States Emergency Drought Relief Act of 1991 (Public Law 102-250; 106 Stat. 53). SEC. 102. DEFINITIONS. In this title: (1) CENTRAL VALLEY PROJECT- The term `Central Valley Project' has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707). (2) KLAMATH PROJECT- The term `Klamath Project' means the Bureau of Reclamation project in the States of California and Oregon-- (A) as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and (B) as described in-- (i) title II of the Oregon Resource Conservation Act of 1996 (Public Law 104-208; 110 Stat. 3009-532); and (ii) the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-498; 114 Stat. 2221). (3) RECLAMATION PROJECT- The term `Reclamation Project' means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the State. (4) RESERVED WORKS- The term `reserved works' means Bureau of Reclamation-owned project facilities for which the operations and maintenance are performed by employees of the Bureau of Reclamation or by contract, regardless of funding source. (5) SECRETARIES- The term `Secretaries' means-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (6) STATE- The term `State' means the State of California. (7) STATE WATER PROJECT- The term `State Water Project' means the water project described by California Water Code section 11550 et seq., and operated by the California Department of Water Resources. SEC. 103. EMERGENCY PROJECTS. (a) In General- In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State, by approving, consistent with applicable laws (including regulations)-- (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. (b) Mandate- In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with applicable laws (including regulations)-- (1) authorize and implement actions to ensure that the Delta Cross Channel Gates shall remain open to the greatest extent possible, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the State's drought emergency declaration, consistent with operational criteria and monitoring criteria developed pursuant to the California State Water Resources Control Board's Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order; (2)(A) collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), water quality, and water supply; and (B) after assessing the data described in subparagraph (A), require the Director of the National Marine Fisheries Service to recommend revisions to operations of the Central Valley Project and the California State Water Project, including, if appropriate, the reasonable and prudent alternatives contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce fishery, water quality, and water supply benefits; (3)(A) implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; and (B) manage reverse flow in Old and Middle Rivers as prescribed by the biological opinion issued by the United States Fish and Wildlife Service and dated December 15, 2008, to minimize water supply reductions for the Central Valley Project and the State Water Project; (4) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary transfers and exchanges of water supplies, among other purposes; (5) issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project South of Delta water contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) would not be necessary; (6)(A) require the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the State, within 30 days of receiving such a request; and (B) require the Director of the United States Fish and Wildlife Service to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations); (7) allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if-- (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; (8) maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations; (9) to the maximum extent possible based on the availability of water and without causing land subsidence-- (A) meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers, which activities may be accomplished by using funding made available under section 104 or the Water Assistance Program or the WaterSMART program of the Department of the Interior; and (B) make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors; (10) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis-- (A) to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs; (B) to prevent the loss of permanent crops; (C) to minimize economic losses resulting from drought conditions; and (D) to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; (11) implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act; (12) for reserved works only, authorize annual operation and maintenance deficits, owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project water contractor during each fiscal year the State emergency drought declaration is in force, to accrue without interest for a period of 5 years and then to be repaid, notwithstanding section 106 of Public Law 99-546 (100 Stat. 3052), to the Federal Government over a period of not more than 10 years at the lesser of-- (A) the project interest rate; and (B) the rate specified in section 106 of Public Law 99-546 (100 Stat. 3052); and (13) use all available scientific tools to identify and implement any changes to real-time operations of Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies. (c) Other Agencies- To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. (d) Accelerated Project Decision and Elevation- (1) IN GENERAL- Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b). (2) REQUEST FOR RESOLUTION- (A) IN GENERAL- Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (B) MEETING- The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request. (3) NOTIFICATION- Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) DECISION- Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project. (5) MEETING CONVENED BY SECRETARY- The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). SEC. 104. EMERGENCY FUNDING. (a) Financial Assistance- (1) IN GENERAL- Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.), subtitle F of title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) (commonly known as the `Secure Water Act of 2009'), and any other applicable Federal law (including regulations), to be divided among each applicable program at the discretion of the Secretary for the optimization and conservation of Reclamation Project water supplies to assist drought-plagued areas of the State and the West. (2) ADDITIONAL AVAILABILITY- Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment while settling water rights claims that are part of an active water rights adjudication or a broader settlement of claims that are part of a basin-wide solution for restoration. (b) Types of Assistance- Assistance under subsection (a) shall include a range of projects, including-- (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of groundwater wells in wildlife refuges and other areas; (3) the purchase or assistance in the purchase of water from willing sellers; (4) conservation projects providing water supply benefits in the short-term; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative water on-farm water conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages; (10) technical assistance to improve existing irrigation practices to provide water supply benefits in the short-term; and (11) any other assistance the Secretary determines to be necessary to increase available water supplies or mitigate drought impacts. (c) Funding- There is appropriated, out of funds of the Treasury not otherwise appropriated, $100,000,000 to the Secretary of the Interior and the Secretary of Commerce to carry out this section. SEC. 105. EMERGENCY ENVIRONMENTAL REVIEWS. To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State, the head of each applicable Federal agency shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations) to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) during the emergency. SEC. 106. STATE REVOLVING FUNDS. The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the State's emergency drought declaration is in force to State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), shall, for those projects that are eligible to receive assistance under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) or section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(2)), respectively, that the State determines will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought-- (1) require the State to review and prioritize funding for such projects; (2) issue a determination of waivers within 30 days of the conclusion of the informal public comment period pursuant to section 436(c) of title IV of division G of Public Law 113-76; and (3) authorize, at the request of the State, 40-year financing for assistance under section 603(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or section 1452(f)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(f)(2)). SEC. 107. DROUGHT PLANNING ASSISTANCE. (a) In General- Upon the request of Central Valley Project or Klamath Project contractors or other Reclamation Project contractors in the State, the Secretary of the Interior, acting through the Commissioner of Reclamation, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to those Central Valley Project or Klamath Project contractors or other Reclamation Project contractors making those requests, including contractors who possess contracts for refuge water supplies or deliver refuge water supplies. (b) Types of Assistance- Assistance under subsection (a) shall include-- (1) hydrological forecasting; (2) assessment of water supply sources under different water year classification types; (3) identification of alternative water supply sources; (4) guidance on potential water transfer partners; (5) technical assistance regarding Federal and State permits and contracts under the Act of February 21, 1911 (36 Stat. 925, chapter 141) (commonly known as the `Warren Act'); (6) technical assistance regarding emergency provision of water supplies for critical health and safety purposes; (7) activities carried out in conjunction with the National Oceanic and Atmospheric Administration, the National Integrated Drought Information System, and the State partners of the National Integrated Drought Information System under the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d)-- (A) to collect and integrate key indicators of drought severity and impacts; and (B) to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, and the Central Coast; and (8) any other assistance the Secretary determines to be necessary. SEC. 108. CALFED BAY-DELTA ACT REAUTHORIZATION. Title I of the Water Supply, Reliability, and Environmental Improvement Act (118 Stat. 1681; 123 Stat. 2860) (as amended by section 207 of title II of division D of the Consolidated Appropriations Act, 2014) is amended by striking `2015' each place it appears and inserting `2018'. SEC. 109. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT REAUTHORIZATION. 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 `$190,000,000'; and (2) by striking `2012' and inserting `2017'. SEC. 110. SECURE WATER ACT REAUTHORIZATION. Section 9504 of Public Law 111-11 (42 U.S.C. 10364) is amended-- (1) in subsection (a)(3)(E), by adding at the end the following: `(v) AUTHORITY OF COMMISSIONER- The Commissioner of Reclamation may, at the discretion of the Commissioner-- `(I) waive any cost-share requirements to address emergency situations; and `(II) prioritize projects based on the ability of the projects to expeditiously yield water supply benefits during periods of drought.'; and (2) in subsection (e), by striking `$200,000,000' and inserting `$250,000,000'. SEC. 111. EFFECT ON STATE LAWS. Nothing in this Act preempts any State law in effect on the date of enactment of this Act, including area of origin and other water rights protections. SEC. 112. KLAMATH BASIN WATER SUPPLY. The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-498; 114 Stat. 2221) is amended-- (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: `SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES. `The Secretary is authorized to engage in activities, including entering into agreements and contracts, or otherwise making financial assistance available, to reduce water consumption or demand, or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with collaborative agreements for environmental restoration and settlements of water rights claims.'. SEC. 113. TERMINATION OF AUTHORITIES. The authorities under sections 103, 104, 105, and 106 expire on the date on which the Governor of the State suspends the state of drought emergency declaration. TITLE II--EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS SEC. 201. EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS. (a) Funding- (1) IN GENERAL- Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture (referred to in this section as the `Secretary') for the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) and the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) $100,000,000, to be divided among each applicable program as the Secretary determines to be appropriate-- (A) to provide to agricultural producers and other eligible entities affected by the 2014 drought assistance upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes for counties that are contiguous to a designated natural disaster area; and (B) to carry out any other activities the Secretary determines necessary as a result of the 2014 drought, such as activities relating to wildfire damage. (2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (b) Emergency Assistance Program for Livestock, Honey Bees, and Farm-Raised Fish- Notwithstanding any other applicable limitations under law, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to carry out the emergency assistance program for livestock, honey bees, and farm-raised fish under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for fiscal year 2014 to provide assistance to agricultural producers for losses due to drought. (c) FEMA Predisaster Hazard Mitigation Grants- (1) IN GENERAL- Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Federal Emergency Management Agency $25,000,000 for fiscal year 2014 for mitigation activities related to drought and wildfire hazards. (2) RECEIPT AND ACCEPTANCE- The Administrator of the Federal Emergency Management Agency shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (d) Emergency Community Water Assistance Grants- (1) IN GENERAL- Notwithstanding any other provision of law-- (A) as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency community water assistance grants under section 306A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a) to address impacts of drought; (B) the maximum amount of a grant provided under subparagraph (A) for fiscal year 2014 shall be $1,000,000; and (C) for fiscal year 2014, a community whose population is less than 50,000 shall be eligible for a grant under this paragraph. (2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (e) Office of the Inspector General- (1) IN GENERAL- Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Inspector General of the Department of Agriculture $2,000,000 for fiscal year 2014, to remain available until expended, for oversight of activities carried out by the Department relating to drought. (2) RECEIPT AND ACCEPTANCE- The Inspector General of the Department of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (f) Emergency Grants To Assist Low-Income Migrant and Seasonal Farmworkers- (1) IN GENERAL- Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a) to address impacts of drought upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes in counties that are contiguous to a designated natural disaster area. (2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (g) Emergency Forest Restoration Program- (1) IN GENERAL- Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 for the Emergency Forest Restoration Program under section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) to address impacts of drought or wildfire upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes in counties that are contiguous to a designated natural disaster area. (2) RECEIPT AND ACCEPTANCE- The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. TITLE III--FEDERAL DISASTER ASSISTANCE SEC. 301. TREATMENT OF DROUGHT UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT. (a) Findings- Congress finds that-- (1) the term `major disaster' (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) includes drought, yet no drought in the 30 years preceding the date of enactment of this Act has been declared by the President to be a major disaster in any of the States in accordance with section 401 of that Act (42 U.S.C. 5170); (2) a major drought shall be eligible to be declared a major disaster or state of emergency by the President on the request of the Governor of any State; (3) droughts are natural disasters that do occur, and while of a different type of impact, the scale of the impact of a major drought can be equivalent to other disasters that have been declared by the President to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (4) droughts have wide-ranging and long-term impacts on ecosystem health, agriculture production, permanent crops, forests, waterways, air quality, public health, wildlife, employment, communities, State and national parks, and other natural resources of a State and the people of that State that have significant value. (b) Amendment- Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended-- (1) in paragraph (7), by striking `and'; (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: `(9) provide disaster unemployment assistance in accordance with section 410; `(10) provide emergency nutrition assistance in accordance with section 412; and `(11) provide crisis counseling assistance in accordance with section 416.'. TITLE IV--EMERGENCY DESIGNATIONS SEC. 401. EMERGENCY DESIGNATIONS. (a) This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)). (b) In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
S.2010 Feb-10-14
STATUS: February 10, 2014.--Introduced. February 27, 2014.--Subcommittee on Water and Power hearing held. June 18, 2014.--Full committee business meeting. Ordered reported with an amendment in the nature of a substitute favorably. July 31, 2014.--Reported with an amendment in the nature of a substitute. S. Rept. 113-229. July 31, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 516] S.2010 Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act (Introduced in Senate - IS) S 2010 IS 113th CONGRESS2d SessionS. 2010 To amend the Water Conservation and Utilization Act to authorize the development of non-Federal hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 10, 2014 Mr. BARRASSO introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Water Conservation and Utilization Act to authorize the development of non-Federal hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, 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 Conduit Hydropower Development Equity and Jobs Act'. SEC. 2. AMENDMENT. Section 9 of the Act entitled `An Act authorizing construction of water conservation and utilization projects in the Great Plains and arid semiarid areas of the United States', approved August 11, 1939 (16 U.S.C. 590z-7; commonly known as the `Water Conservation and Utilization Act'), is amended-- (1) by striking `In connection with' and inserting `(a) In connection with'; and (2) by adding at the end the following: `(b) Notwithstanding subsection (a), the Secretary is authorized to enter into leases of power privileges for electric power generation in connection with any project constructed under this Act, and shall have authority in addition to and alternative to any authority in existing laws relating to particular projects, including small conduit hydropower development. `(c) When entering into leases of power privileges under subsection (b), the Secretary shall use the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). `(d) Lease of power privilege contracts shall be at such rates as, in the Secretary's judgment, will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Lease of power privilege contracts shall be for periods not to exceed 40 years. `(e) No findings under section 3 shall be required for a lease under subsection (b). `(f) All right, title, and interest to installed power facilities constructed by non-Federal entities pursuant to a lease of power privilege, and direct revenues derived therefrom, shall remain with the lessee unless otherwise required under subsection (g). `(g) Notwithstanding section 8, lease revenues and fixed charges, if any, shall be covered into the Reclamation Fund to be credited to the project from which those revenues or charges were derived. `(h) When carrying out this section, 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 timeframe for the irrigation district or water users' association to accept or reject a lease of power privilege offer. If the irrigation district or water users' association elects not to accept a lease of power privilege offer under subsection (b), the Secretary shall offer the lease of power privilege to other parties using the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)). `(i) 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 section, excluding siting of associated transmission facilities on Federal lands. `(j) Nothing in this section shall obligate the Western Area Power Administration or the Bonneville Power Administration to purchase or market any of the power produced by the facilities covered under this section and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. `(k) Nothing in this section 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 and shall not create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or legally organized water users' association operating the transferred conduit in advance of offering the lease of power privilege and shall prescribe such terms and conditions necessary to adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. `(l) Nothing in this section shall alter or affect any agreements in effect on the date of the enactment of the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act for the development of conduit hydropower projects or disposition of revenues. `(m) In this section: `(1) 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. `(2) The term `irrigation district' means any irrigation, water conservation or conservancy, multi-county 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. `(3) 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. `(4) 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. `(5) The term `small conduit hydropower' means a facility capable of producing 5 megawatts or less of electric capacity.'.
S.2006 Feb-06-14
STATUS: February 6, 2014.--Introduced. S.2006 National Rare Earth Cooperative Act of 2014 (Introduced in Senate - IS) S 2006 IS 113th CONGRESS2d SessionS. 2006 To provide for the establishment of a National Rare Earth Refinery Cooperative, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 6, 2014 Mr. BLUNT (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the establishment of a National Rare Earth Refinery Cooperative, 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 `National Rare Earth Cooperative Act of 2014'. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings- Congress makes the following findings: (1) Heavy rare earth elements are critical for the national defense of the United States, advanced energy technologies, and other desirable commercial and industrial applications. (2) The Government Accountability Office has confirmed that the monopoly control of the People's Republic of China over the rare earth value chain has resulted in vulnerabilities in the procurement of multiple United States weapons systems. (3) China has leveraged its monopoly control over the rare earth value chain to force United States, European, Japanese, and Korean corporations to transfer manufacturing facilities, technology, and jobs to China in exchange for secure supply contracts. (4) China's increasingly aggressive mercantile behavior has resulted in involuntary transfers of technology, manufacturing, and jobs resulting in onerous trade imbalances with the United States and trading partners of the United States. (5) Direct links exist between heavy rare earth mineralogy and thorium. (6) Thorium is a mildly radioactive element commonly associated with the lanthanide elements in the most heavy rare earth deposits that are located in the United States and elsewhere. (7) Regulations regarding thorium represent a barrier to the development of a heavy rare earth industry that is based in the United States. (8) Balancing the strategic national interest objectives of the United States against economic and environmental risks are best met through the creation of a rare earth cooperative. (9) A rare earth cooperative could-- (A) greatly increase rare earth production; (B) ensure environmental safety; and (C) lower the cost of the production and financial risks faced by rare earth producers in the United States. (10) Historically, agricultural and electric cooperatives have stood as one of the greatest success stories of the United States. (b) Statement of Policy- It is the policy of the United States to advance domestic refining of heavy rare earth materials and the safe storage of thorium in anticipation of the potential future industrial uses of thorium, including energy, as-- (1) thorium has a mineralogical association with valuable heavy rare earth elements; (2) there is a great need to develop domestic refining capacity to process domestic heavy rare earth deposits; and (3) the economy of the United States would benefit from the rapid development and control of intellectual property relating to the commercial development of technology utilizing thorium. SEC. 3. DEFINITIONS. In this Act: (1) ACTINIDE- The term `actinide' means a natural element associated with any of the 15 rare earth minerals with atomic number 43 and atomic numbers 81 through 93 on the periodic table. (2) CONSUMER MEMBER- (A) IN GENERAL- The term `consumer member' means a member of the Cooperative that is-- (i) an entity that is part of, or has a role in, the value chain for rare earth materials or rare earth products, including from the refined oxide stage to the stage in which the rare earth elements are finished in any physical or chemical form (including oxides, metals, alloys, catalysts, or components); or (ii) a consumer of rare earth products. (B) INCLUSIONS- The term `consumer member' includes-- (i) a producer of or other entity that is part of the value chain for rare earth materials, including original equipment manufacturer producers, whose place of business is located in or outside the United States; (ii) a defense contractor or contractors in the United States; and (iii) any government agency in the United States or outside the United States that invests in the Cooperative. (3) COOPERATIVE- The term `Cooperative' means the Thorium-Bearing Rare Earth Refinery Cooperative established by section 4(a)(1). (4) COOPERATIVE BOARD- The term `Cooperative Board' means the Board of Directors of the Cooperative established under section 4(b)(2). (5) CORPORATION- The term `Corporation' means the Thorium Storage, Energy, and Industrial Products Corporation established under section 5(a)(1). (6) CORPORATION BOARD- The term `Corporation Board' means the Board of Directors of the Corporation established under section 5(b)(1). (7) EXECUTIVE COMMITTEE- The term `Executive Committee' means the executive committee established under section 5(b)(2). (8) INITIAL BOARD OF DIRECTORS- The term `Initial Board of Directors' means the initial Board of Directors for the Cooperative established under section 4(b)(1)(A). (9) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (10) NATIONAL LABORATORY- The term `national laboratory' has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (11) SECRETARY- The term `Secretary' means the Secretary of Defense. (12) SUPPLIER MEMBER- The term `supplier member' means a rare earth producer that enters into a contract to supply the Cooperative with rare earth ores. (13) TOLLING- The term `tolling' means a fee-for-services contract between the Cooperative and a primary rare earth producer under which-- (A) the producer retains ownership and control of the finished product; and (B) pays to the Cooperative a fee for services rendered by the Cooperative. (14) UNPROCESSED AND UNREFINED ORE- The term `unprocessed and refined ore' includes any ores or residual ores resulting from the mining, extraction, beneficiation, and processing of other natural resources. SEC. 4. THORIUM-BEARING RARE EARTH REFINERY COOPERATIVE. (a) Establishment- (1) IN GENERAL- There is established a Cooperative, to be known as the `Thorium-Bearing Rare Earth Refinery Cooperative', to provide for the domestic processing of thorium-bearing rare earth concentrates as residual unprocessed and unrefined ores. (2) FEDERAL CHARTER; OWNERSHIP- The Cooperative shall operate under a Federal charter. (3) MEMBERSHIP- (A) COMPOSITION- The Cooperative shall be comprised of-- (i) supplier members; and (ii) consumer members. (B) SUPPLIER MEMBERS- (i) IN GENERAL- As a condition of entering into a contract to supply the Cooperative with rare earth ores, supplier members shall provide rare earth concentrates to the Cooperative at market price. (ii) CAPITAL CONTRIBUTIONS- Any supplier member that makes significant capital contributions to the Cooperative, as determined by the Cooperative Board, may become a consumer member for purposes of the distribution of profits of the Cooperative under subparagraph (D). (C) CONSUMER MEMBER- A consumer member-- (i) shall make capital contributions to the Cooperative in exchange for entering into negotiated supply agreements; and (ii) in accordance with the agreements entered into under clause (i), may acquire finished rare earth products from the Cooperative at market price. (D) DISTRIBUTION OF PROFITS- Any profits of the Cooperative shall be distributed between supplier members and consumer members in accordance with a formula established by the Cooperative Board. (b) Management- (1) INITIAL BOARD OF DIRECTORS- (A) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall appoint the Initial Board of Directors for the Cooperative, comprised of 5 members, of whom-- (i) 1 member shall represent the Defense Logistics Agency Strategic Materials program of the Department of Defense; (ii) 1 member shall represent the Assistant Secretary of Defense for Research and Engineering; (iii) 1 member shall represent United States advocacy groups for rare earth producers and original equipment manufacturing interests; (iv) 1 member shall represent the United States Geological Survey; and (v) 1 member who shall-- (I) not be affiliated with a Federal agency; and (II) be recommended for appointment by a majority vote of the other members of the Initial Board of Directors appointed under clauses (i) through (iv). (B) DUTIES- The Initial Board of Directors shall-- (i) establish a charter, bylaws, and rules of governance for the Cooperative; (ii) make formative business decisions on behalf of the Cooperative; and (iii) assist in the formation of, and the provision of tasks and assignments to, the Corporation. (C) STANDING MEMBER- The member appointed under subparagraph (A)(v) shall remain on the Cooperative Board and Corporation Board, until such time as-- (i) the member voluntarily resigns; or (ii) a majority of the members of the Cooperative Board and a majority of the members of the Corporation Board vote to remove the member from the Cooperative Board and the Corporation Board. (D) TERMINATION- The Initial Board of Directors shall terminate on the date on which the initial members of the Cooperative Board are appointed under paragraph (2). (2) BOARD OF DIRECTORS- (A) IN GENERAL- The Board of Directors of the Cooperative shall be comprised of 9 members, to be selected in accordance with the bylaws of the Cooperative established under paragraph (1)(B)(i), of whom-- (i) 5 members shall be consumer members; (ii) 2 members shall be supplier members; (iii) 1 member shall represent an advocacy group for defense contractors, other rare earth consumers, and suppliers who are not represented by the Board or through direct ownership in the Cooperative; and (iv) 1 member shall be the member of the Initial Board of Directors appointed under paragraph (1)(A)(v). (B) POWERS- The Cooperative Board may-- (i) prescribe the manner in which business shall be conducted by the Cooperative; (ii) determine pay-out ratio formulas for consumer members and supplier members, based on-- (I) the capital stock ratios of consumer members; and (II) the value of supply member contracts, as determined based on the volume, term, and distributions of rare earth concentrates relative to processing costs; and (iii) evaluate technologies and processes for the efficient extraction and refining of rare earth materials from various thorium-bearing ores. (C) REFINERY AND OFFICE LOCATIONS- The Cooperative Board shall establish the refinery and offices for the Cooperative at any locations determined to be appropriate by the Cooperative Board. (c) Powers; Duties- (1) INVESTMENT PARTNERSHIPS- The Cooperative shall seek to enter into domestic and international investment partnerships for the development of the refinery. (2) AGREEMENTS; DIRECT SALES- The Cooperative may-- (A) enter into equity, financial, and supply-based agreements or arrangements with value-added intermediaries, equipment manufacturers, consumers of rare earth products, and Federal, State, or local agencies to provide economic incentives, leases, or public financing; and (B) engage in direct market sales of rare earth products. (3) SUPPLY CONTRACTS AND TOLLING SERVICES- (A) IN GENERAL- The Cooperative may-- (i) directly purchase rare earth materials obtained from any byproduct producers of rare earths; (ii) transport those materials in accordance with part 40 of title 10, Code of Federal Regulations (or any corresponding similar regulation or ruling); (iii) offer supplier members short-term or direct purchase contracts; and (iv) allow primary rare earth producers to be tolling customers of the Cooperative. (B) REQUIREMENTS- A tolling customer under subparagraph (A)(iii) shall-- (i) retain control of the rare earth products during the processing, refining, or value adding of the rare earth products by the Cooperative; and (ii) take possession of the rare earth products after-- (I) tolling services are rendered by the Cooperative; and (II) the Cooperative has received payment in full for the tolling services rendered. (C) FEE- The Cooperative may charge tolling customers under subparagraph (A)(iii) a tolling fee not to exceed the sum of-- (i) the amount equal to 110 percent of the total cost for tolling services rendered by the Cooperative on behalf of the tolling customer; and (ii) the amount equal to 5 percent of the market value of the finished product provided to the tolling customer by the Cooperative. (D) APPLICABLE LAW- Any contract among consumer members, supplier members, tolling customers, and direct purchase suppliers entered into under subparagraph (A)(iii) shall be protected as provided in subsection 552(b)(4) of title 5, United States Code. (E) LIMITATIONS- A direct purchase consumer under subparagraph (A)(ii) or a tolling customer under subparagraph (A)(iii)-- (i) shall not be considered to be a supplier member or otherwise be considered a member of the Cooperative for purposes of this Act; and (ii) shall not participate in Cooperative profits or have voting rights with respect to the Cooperative. (d) Audits- (1) IN GENERAL- The Cooperative shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Cooperative for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Cooperative. (2) REPORTS- The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Cooperative, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) REVIEW BY COMPTROLLER GENERAL- The Comptroller General of the United States shall-- (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (e) Reimbursement of Federal Government- Not later than 7 years of the date of the enactment of this Act, the Cooperative shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. SEC. 5. THORIUM STORAGE, ENERGY, AND INDUSTRIAL PRODUCTS CORPORATION. (a) Establishment- (1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Cooperative Board, in consultation with the Secretary of Defense, shall establish the Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. (2) FEDERAL CHARTER- The Corporation shall operate under a Federal charter. (b) Management- (1) BOARD OF DIRECTORS- (A) IN GENERAL- The Board of Directors of the Corporation shall be composed of 5 members. (B) INITIAL MEMBERS- The initial members of the Corporation Board shall consist of the following members, to be appointed by the Secretary of Defense: (i) 1 member, who shall represent the Assistant Secretary of Defense for Research and Engineering. (ii) 1 member, who shall represent the Advanced Energy Program of the Defense Advanced Research Project Agency. (iii) 1 member, who shall represent United States advocacy groups for commercial development of thorium in nuclear energy systems. (iv) 1 member, who shall represent a national laboratory. (v) 1 member, who is the member of the Initial Board of Directors appointed under section 4(b)(1)(A)(v). (C) SUBSEQUENT MEMBERS- Subject to subparagraphs (A) and (D), subsequent members of the Corporation Board and Executive Committee shall be appointed in accordance with the bylaws of the Corporation established under paragraph (2)(B)(i). (D) STANDING MEMBERS- The initial members appointed under clauses (iv) and (v) of subparagraph (B) shall remain on the Corporation Board and the Executive Committee, until such time as-- (i) the members voluntarily resign; (ii) in the case of a member appointed under subparagraph (B)(iv), a majority of the members of the Corporation Board vote to remove the member from the Corporation Board; or (iii) in the case of a member appointed under subparagraph (B)(v), a majority of the members of the Corporation Board and a majority of the members of the Cooperative Board vote to remove the member from the Corporation Board and the Cooperative Board. (2) EXECUTIVE COMMITTEE- (A) IN GENERAL- The Executive Committee for the Corporation shall be composed of the initial members of the Corporation Board appointed under clauses (iv) and (v) of paragraph (1)(B). (B) DUTIES- The Executive Committee shall-- (i) establish the charter, rules of governance, bylaws, and corporate structure for the Corporation; and (ii) make formative business decisions with respect to the Corporation. (c) Powers- (1) ESTABLISHMENT OF SUBSEQUENT ENTITIES- (A) IN GENERAL- The Corporation may establish 1 or more entities, to be known as an `Industrial Products Corporation', for the certification, licensing, insuring, and commercial development of all non-energy uses for thorium (including thorium isotopes and thorium daughter elements), including-- (i) alloys; (ii) catalysts; (iii) medical isotopes; and (iv) other products. (B) AUTHORITY OF ENTITIES- The entities described in subparagraph (A) may-- (i) develop standards, procedures, and protocols for the approval of commercial and industrial applications for thorium; (ii) carry out directly the production and sale of thorium-related non-energy products; and (iii) sell or license any production or sales rights to third parties. (C) SALE OR DISTRIBUTION OF INDUSTRIAL PRODUCTS CORPORATION; CREATION OF BUSINESSES AND PARTNERSHIPS- To develop and commercialize non-energy uses for thorium, the Corporation Board may-- (i) create, sell, or distribute the equity of an entity described in subparagraph (A); and (ii) establish partnerships with Federal agencies, foreign governments, and private entities relating to businesses and activities of the entity. (2) SALE OR DISTRIBUTION OF CORPORATION EQUITY; CREATION OF PARTNERSHIPS- To develop and commercialize thorium energy, the Corporation may sell or distribute equity and establish partnerships with the United States and foreign governments and private entities-- (A) to create capital; (B) to develop intellectual property; (C) to acquire technology; (D) to establish business partnerships and raw material supply chains; (E) to commercially develop thorium energy systems; (F) to commercially develop systems for the reduction of spent fuel; (G) to develop hardened energy systems for the United States military; and (H) to develop process heat technologies systems for coal-to-liquid fuel separation, desalinization, chemical synthesis, and other applications. (d) Duties- (1) OWNERSHIP OF THORIUM AND RELATED ACTINIDES- The Corporation shall-- (A) on a preprocessing basis, assume liability for and ownership of all thorium and mineralogically associated or related actinides and decay products contained within the monazite and other rare earth mineralizations in the possession of the Cooperative; (B) after the Cooperative has separated the thorium from the rare earth concentrates, take physical possession and safely store all thorium-containing actinide byproducts, with the costs of the storage to be paid by the Corporation from fees charged or revenue from sales of other valuable actinides; (C) develop new markets and uses for thorium; (D) develop energy systems from thorium; and (E) develop, manage, and control national and international energy leasing and distribution platforms related to thorium energy systems. (2) SAFE, LONG-TERM STORAGE; DEVELOPMENT OF USES AND MARKETS- The Corporation shall-- (A) in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, be responsible for the safe, long-term storage for all thorium and thorium decay products generated through the Cooperative, consistent with part 192 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act), while taking into account the low relative risks relating to thorium; and (B) develop uses and markets for thorium, including energy, including by coordinating and structuring domestic and international investment partnerships for the development of commercial and industrial uses for thorium. (e) Audits- (1) IN GENERAL- The Corporation shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Corporation for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Corporation. (2) REPORTS- The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Corporation, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) REVIEW BY COMPTROLLER GENERAL- The Comptroller General of the United States shall-- (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (f) Reimbursement of Federal Government- Not later than 7 years of the date of the enactment of this Act, the Corporation shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. SEC. 6. DUTIES OF SECRETARY OF DEFENSE. (a) Advancement of Rare Earth Initiatives- The Secretary shall coordinate with other Federal agencies to advance and protect-- (1) domestic rare earth mining; (2) the refining of rare earth elements; (3) basic rare earth metals production; and (4) the development and commercialization of thorium, including-- (A) energy technologies and products; and (B) products containing thorium. (b) Annual Reports- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that, for the period covered by the report-- (1) contains a description of the progress in the development of-- (A) a domestic rare earth refining capacity; and (B) commercial uses and energy-related uses for thorium; and (2) takes into account each report submitted to the Secretary by the Cooperative and the Corporation. (c) Federal Agencies; National Laboratories- Each Federal agency (including the Nuclear Regulatory Commission and the Defense Advanced Research Projects Agency), each national laboratory, and each facility funded by the Federal Government shall provide assistance to the Cooperative and the Corporation under this Act. (d) Institutions of Higher Education- Each institution of higher education is encouraged-- (1) to develop training and national expertise in the field of thorium development; and (2) to promote-- (A) the marketing of thorium; (B) the advancement of the strategic uses of thorium; and (C) salt chemistry science and radio chemists. SEC. 7. AUTHORIZATION OF DEPARTMENT OF DEFENSE TO ESTABLISH EQUITY STAKE IN COOPERATIVE. The Secretary may acquire and maintain a 10 percent equity stake in the Cooperative in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) for the purpose of accessing strategic rare earth materials and eliminating the need to acquire such materials under that Act.