Legislation

Bill Introduced Description
S.2791 Sep-17-14
Status: September 10, 2014.--Introduced. S.2791 EPS Service Parts Act of 2014 (Introduced in Senate - IS) S 2791 IS 113th CONGRESS2d SessionS. 2791 To amend the Energy Policy and Conservation Act to permit exemptions for external power supplies from certain efficiency standards, and for other purposes. IN THE SENATE OF THE UNITED STATESSeptember 10, 2014 Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to permit exemptions for external power supplies from certain efficiency standards, 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 `EPS Service Parts Act of 2014'. SEC. 2. EXEMPT SUPPLIES. Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end the following: `(5) EXEMPT SUPPLIES- `(A) FEBRUARY 10, 2014, RULE- `(i) IN GENERAL- An external power supply shall not be subject to the final rule entitled `Energy Conservation Program: Energy Conservation Standards for External Power Supplies', published at 79 Fed. Reg. 7845 (February 10, 2014), if the external power supply-- `(I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020; `(II) is marked in accordance with the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; `(III) meets, where applicable, the standards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or higher of the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; and `(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that-- `(aa) constitutes the primary load; and `(bb) was manufactured before February 10, 2016. `(ii) REPORTING- The Secretary may require manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that are not International Efficiency Level VI or higher. `(iii) LIMITATION OF EXEMPTION- The Secretary may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause. `(B) AMENDED STANDARDS- `(i) IN GENERAL- The Secretary may exempt an external power supply from any amended standard under this subsection if the external power supply-- `(I) is manufactured within four years of the compliance date of the amended standard; `(II) complies with applicable marking requirements adopted by the Secretary prior to the amendment; `(III) meets the standards that were in effect prior to the amendment; and `(IV) is made available by the manufacturer as a service part or a spare part for an end-use product that-- `(aa) constitutes the primary load; and `(bb) was manufactured before the compliance date of the amended standard. `(ii) REPORTING- The Secretary may require manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard.'.
S.2776 Aug-01-14
STATUS: August 1, 2014.--Introduced. S.2776 Ten in Ten Act (Introduced in Senate - IS) S 2776 IS 113th CONGRESS2d SessionS. 2776 To establish a Carbon Capture and Sequestration Deployment Acceleration Fund to promote the establishment of not fewer than 10 commercial-scale carbon capture and sequestration units in the United States during the next 10 years, and for other purposes. IN THE SENATE OF THE UNITED STATESAugust 1, 2014 Mr. WALSH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a Carbon Capture and Sequestration Deployment Acceleration Fund to promote the establishment of not fewer than 10 commercial-scale carbon capture and sequestration units in the United States during the next 10 years, 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 `Ten in Ten Act'. SEC. 2. CARBON CAPTURE AND SEQUESTRATION DEPLOYMENT ACCELERATION FUND. (a) Establishment of Fund- There is established in the Treasury a fund to be known as the `Carbon Capture and Sequestration Deployment Acceleration Fund' (referred to in this section as the `Fund'), to be administered by the Secretary of Energy (referred to in this section as the `Secretary'), to be available without fiscal year limitation and without further appropriation, to promote the establishment of not fewer than 10 commercial-scale carbon capture and sequestration units in the United States during the 10-year period beginning on the date of enactment of this section. (b) Use of Fund- (1) IN GENERAL- Of amounts in the Fund, the Secretary may use such sums as are necessary to provide grants or other forms of financial support that-- (A) capture carbon dioxide from electric generation units that-- (i) generate and sell electric power directly to consumers or for resale; (ii) use coal or petroleum coke for at least 75 percent of the fuel used by the units; and (iii) transport the captured carbon dioxide to a permanent geological storage site in the United States, or to a site on the North American Continent, for use for hydrocarbon recovery; (B) have a useful life of not fewer than 15 years; (C) emphasize modular designs and are capable of generating at least 100 megawatts of electricity output; (D) capture and sequester not less than 65 percent of the total carbon dioxide emissions of the electric generation units; and (E) apply to a diverse mix of coal ranks, generation systems, geographic locations, capture systems, and sequestration characterizations and systems, including saline sequestration, enhanced oil recovery, and other beneficial uses of carbon dioxide. (2) ELIGIBLE PROJECTS- Eligible projects under this paragraph include carbon capture and sequestration units that are designed for-- (A) new coal-fired electric generation units; (B) retrofit or upgrade of existing coal-fired electric generation units; and (C) notwithstanding paragraph (1)(C), nonmodular units that are larger than 250 megawatts and designed for integrated gasification combined cycle electric generation units. (c) Transfers to Fund- There is transferred into the Fund established by subsection (a) $10,000,000,000 out of any funds in the Treasury not otherwise appropriated. (d) Prohibition- Amounts in the Fund may not be made available for any purpose other than a purpose described in subsections (a) and (b). (e) Annual Reports- (1) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2015, the Secretary shall submit a report on the operation of the Fund during the fiscal year to-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year.
S.2762 Jul-31-14
STATUS: July 31, 2014.--Introduced. September 18, 2014.--Mr. Roberts added as cosponsor. S.2762 Propane Supply and Security Act of 2014 (Introduced in Senate - IS) S 2762 IS 113th CONGRESS2d SessionS. 2762 To prevent future propane shortages, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 31, 2014 Mr. FRANKEN (for himself, Mr. PORTMAN, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prevent future propane shortages, 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 `Propane Supply and Security Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Energy Information Administration. (2) COMMISSION- The term `Commission' means the Federal Energy Regulatory Commission. (3) INTERSTATE COMMERCE- The term `interstate commerce' has the meaning given the term in section 2 of the Natural Gas Act (15 U.S.C. 717a). (4) PROPANE PIPELINE- The term `propane pipeline' means a pipeline used to transport propane in interstate commerce. (5) SECRETARY- The term `Secretary' means the Secretary of Energy. SEC. 3. INFORMATION COLLECTION. (a) In General- The Administrator shall publish, to the maximum extent practicable and consistent with confidentiality requirements, data on-- (1) propane storage, including-- (A) weekly inventory data disaggregated below the level of the Petroleum Administration for Defense Districts (PADD), including-- (i) data at the State level; and (ii) data from the collective storage facilities at market hubs, including storage facilities in and around Mont Belvieu, Texas, Conway, Kansas, and any future market hubs of significant regional scope; and (B) weekly data to separately account for non-fuel propylene and propane for PADD 3 and other regions if the Administrator determines that inclusion of the nonfuel propylene supply data significantly distorts propane supply and pricing data, and the Administrator determines it is feasible to collect separate data on nonfuel propylene and propane; and (2) propane markets, including pricing data for residential customers in States that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the Energy Information Administration. (b) Biannual Working and Net Available Storage Capacity Report- The Administrator shall publish data on-- (1) storage at-- (A) major market centers, including the regions around Conway, Kansas and Mont Belvieu, Texas; and (B) to the extent practicable based on existing surveys and consistent with confidentiality requirements, the regions reported in the weekly and monthly inventory data under subsection (a); and (2) pipeline fill requirements and pipeline operational storage capacity. (c) Wood Pilot- The Administrator shall work with the States participating in SHOPP to develop a program comparable to SHOPP to collect data on wood pellets, firewood, and other biomass. SEC. 4. COORDINATED RESPONSE TO EMERGENCIES. (a) In General- The Secretary shall lead Federal and State emergency response efforts with respect to propane supply emergencies in any State or region of the United States that are characterized, as determined by the Secretary, by-- (1) sudden increases in consumer prices for propane; or (2) propane supply shortages that threaten public safety or livestock safety. (b) Duties- In carrying out subsection (a), the Secretary shall-- (1) establish criteria to determine when an emergency response action would be triggered; (2) establish a system for forecasting and tracking the availability of propane, with an emphasis on predicting supply shortages; (3) establish a system for alerting other Federal agencies, States, industry groups, and appropriate stakeholders of the crisis-- (A) before an emergency; and (B) when the Secretary determines that an emergency has occurred; (4) establish a plan for coordinated response to an emergency by Federal and State agencies; and (5) establish criteria to determine when the emergency has ended. (c) Actions- An emergency response carried out under this section may include-- (1) actions to protect consumers from unfair pricing; (2) actions to expedite the distribution of propane through available transportation modes, including provisions-- (A) to exempt motor carriers of propane from hours-of-service restrictions; (B) to prioritize propane shipments by rail; and (C) to prioritize propane shipments over other shipments in batched pipelines; (3) expedited release of energy assistance funds; and (4) other actions to relieve price spikes and supply shortages. (d) Effect- Nothing in this section limits any existing authority of any Federal agency. SEC. 5. DEFINITION OF CONSUMER PROPANE PRICES. (a) Functions of Propane Education and Research Council- Section 5(f) of the Propane Education and Research Act of 1996 (15 U.S.C. 6404(f)) is amended in the first sentence by inserting `to train propane distributors and consumers in strategies to mitigate negative effects of future propane price spikes,' after `to enhance consumer and employee safety and training,'. (b) Market Survey and Consumer Protection Price Analysis- Section 9(a) of the Propane Education and Research Act of 1996 (15 U.S.C. 6408(a)) is amended in the first sentence by striking `only data provided by the Energy Information Administration' and inserting `the refiner price to end users of consumer grade propane, as published by the Energy Information Administration'. SEC. 6. REGIONAL PROPANE RESERVE. (a) Study- Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to determine the effectiveness and feasibility of establishing 1 or more propane storage facilities, to be operated separately from the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (b) Plan- Following completion of the study under subsection (a), the Secretary may submit to Congress and the President a plan describing-- (1) the proposed acquisition of storage and related facilities or storage services for, including-- (A) the potential use of storage facilities not currently in use; and (B) a determination of the combination of primary, secondary, and tertiary storage facilities that will be used; (2) the proposed acquisition of propane for storage; (3) the proposed methods of disposition of propane; (4) the estimated costs of establishment, maintenance, and operation; (5) the efforts the Secretary will make-- (A) to minimize any potential need for future drawdowns; and (B) to ensure that distributors and importers are not discouraged from maintaining and increasing supplies of propane; (6) the proposed actions to ensure the quality of the propane; and (7) the proposed accounts and funding structures required for acquisition of propane and propane storage facilities. SEC. 7. STORAGE FACILITY LOANS FOR PROPANE STORAGE. Section 1614(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8789(a)) is amended by inserting `, including facilities for propane that is used for drying and heating' before the period at the end. SEC. 8. STUDY OF JURISDICTION. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete a study of facilities appurtenant to propane pipelines (such as terminals and storage facilities) that are not subject to the jurisdiction of the Commission (as of the date on which the study commences) to determine-- (1) whether the nonjurisdictional nature of the facilities is injurious to shippers or consumers; and (2)(A) whether the facilities can be placed under the jurisdiction of the Commission; or (B) if not, whether changes in law to place the facilities under the jurisdiction of the Commission are in the public interest.
S.2745 Jul-31-14
STATUS: July 31, 2014.--Introduced. S.2745 To amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Chief Standing Bear National Historic Trail,... (Introduced in Senate - IS) S 2745 IS 113th CONGRESS2d SessionS. 2745 To amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Chief Standing Bear National Historic Trail, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 31, 2014 Mr. JOHANNS (for himself and Mrs. FISCHER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Chief Standing Bear National Historic Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHIEF STANDING BEAR NATIONAL HISTORIC TRAIL FEASIBILITY STUDY. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: `(46) CHIEF STANDING BEAR NATIONAL HISTORIC TRAIL- `(A) IN GENERAL- The Chief Standing Bear Trail, extending approximately 550 miles from Niobrara, Nebraska, to Ponca City, Oklahoma, which follows the route taken by Chief Standing Bear and the Ponca people during Federal Indian removal, and approximately 550 miles from Ponca City, Oklahoma, through Omaha, Nebraska, to Niobrara, Nebraska, which follows the return route taken by Chief Standing Bear and the Ponca people, as generally depicted on the map entitled `Chief Standing Bear Removal and Return' and dated [Struck out->] [ XXXXXXXX ] [<-Struck out] . `(B) AVAILABILITY OF MAP- The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. `(C) COMPONENTS- The feasibility study conducted under subparagraph (A) shall include a determination on whether the Chief Standing Bear Trail meets the criteria described in subsection (b) for designation as a national historic trail.'.
S.2744 Aug-11-14
STATUS: July 31, 2014.--Introduced. S.2744 Great Smoky Mountains National Park Agreement Act of 2014 (Introduced in Senate - IS) S 2744 IS 113th CONGRESS2d SessionS. 2744 To authorize a settlement in accordance with the agreement entered into by the Tennessee Valley Authority, the Department of the Interior, and counties within the Great Smoky Mountains National Park. IN THE SENATE OF THE UNITED STATESJuly 31, 2014 Mrs. HAGAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize a settlement in accordance with the agreement entered into by the Tennessee Valley Authority, the Department of the Interior, and counties within the Great Smoky Mountains National Park. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Great Smoky Mountains National Park Agreement Act of 2014'. SEC. 2. AUTHORIZATION. Of funds previously appropriated to the Secretary of the Interior under the heading `CONSTRUCTION' under the heading `National Park Service' in title I of division E of the Consolidated Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 991), the Secretary of the Interior shall transfer $4,000,000 to counties within the Great Smoky Mountains National Park in accordance with the Memorandum of Agreement entered into by the Tennessee Valley Authority and the Department of the Interior and dated February 2010, which supersedes the agreement of July 30, 1943.
S.2716 Jul-31-14
STATUS: July 31, 2014.--Introduced. S.2716 Aleut Confinement and Relocation Sites Study Act (Introduced in Senate - IS) S 2716 IS 113th CONGRESS2d SessionS. 2716 To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of adding the sites associated with the forced relocation and confinement of the Aleut people during World War II in the State of Alaska as a unit of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 31, 2014 Mr. BEGICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of adding the sites associated with the forced relocation and confinement of the Aleut people during World War II in the State of Alaska as a unit of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Aleut Confinement and Relocation Sites Study Act'. SEC. 2. ALEUT CONFINEMENT AND RELOCATION SITES STUDY. (a) Definitions- In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) STATE- The term `State' means the State of Alaska. (b) Study- The Secretary shall conduct a special resource study of the following sites to determine whether any of the sites may be suitable for inclusion in the National Park System: (1) The 5 World War II Aleut relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute in the State. (2) The following villages in the State from which the Aleut people were forcibly removed and which were so depopulated and so significantly damaged by miliary activity and weather that the villages effectively could not be resettled after World War II: (A) Makushin, Kashega, and Biorka around Unalaska Island. (B) Attu on Attu Island. (c) Contents- In conducting the study under subsection (b), the Secretary shall-- (1) evaluate the national significance of the sites described in paragraphs (1) and (2) of subsection (b); (2) determine the suitability and feasibility of designating those sites as one or more units of the National Park System; (3) consider alternatives for preservation, protection, and interpretation of the land comprising those sites by Federal, State, or local governments or private or nonprofit organizations; (4) consult with any interested governments or organizations described in paragraph (3) or any other interested individual; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with carrying out the alternatives described in paragraph (3). (d) Applicable Law- The study under subsection (b) shall be conducted in accordance with section 8 of the National Park System General Authorities Act (16 U.S.C. 1a-5). (e) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (b), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the findings of the study; and (2) any conclusions and recommendations of the Secretary. (f) Authorization of Appropriations- There are authorized to be appropriated to carry out this Act such sums as are necessary.
S.2684 Jul-29-14
STATUS: July 29, 2014.--Introduced. September 15, 2014.--Mr. Begich added as cosponsor. S.2684 To direct the Administrator of General Services, on behalf of the Secretary of the Interior, to convey certain Federal property located in the National Petroleum Reserve in Alaska to... (Introduced in Senate - IS) S 2684 IS 113th CONGRESS2d SessionS. 2684 To direct the Administrator of General Services, on behalf of the Secretary of the Interior, to convey certain Federal property located in the National Petroleum Reserve in Alaska to the Olgoonik Corporation, an Alaska Native Corporation established under the Alaska Native Claims Settlement Act. IN THE SENATE OF THE UNITED STATESJuly 29, 2014 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Administrator of General Services, on behalf of the Secretary of the Interior, to convey certain Federal property located in the National Petroleum Reserve in Alaska to the Olgoonik Corporation, an Alaska Native Corporation established under the Alaska Native Claims Settlement Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE FEDERAL PROPERTY LOCATED IN THE NATIONAL PETROLEUM RESERVE IN ALASKA. (a) In General- Not later than 180 days after the date of the enactment of this Act and after completion of the survey and appraisal described in this section, the Administrator of General Services, on behalf of the Secretary of the Interior, shall convey to the Corporation by quitclaim deed for the consideration described in subsection (c), all right, title, and interest of the United States in and to a parcel of real property described in subsection (b). (b) Legal Description of Property- (1) IN GENERAL- The parcel to be conveyed under subsection (a) consists of approximately 1,518 acres and improvements comprising a former Distant Early Warning Line site in the National Petroleum Reserve in Alaska near Wainwright, Alaska, and described as United States Survey Number 5252 located within the Umiat Meridian in-- (A) Sections 3 and 4 within Township 14 North, Range 31 West; (B) Sections 17, 18, 20, 21, 26, 27, 28, 33, 34, and 35 within Township 15 North, Range 31 West; and (C) Section 13 within Township 15 North; Range 32. (2) SURVEY REQUIRED- Not later than 180 days after the date of the enactment of this Act, the exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey, paid for by the Corporation, that is satisfactory to the Secretary. (c) Terms and Conditions- (1) CONSIDERATION- (A) IN GENERAL- As consideration for the conveyance of the property under subsection (a), the Corporation shall pay to the Secretary an amount not less than the fair market value of the conveyed property, to be determined as provided in subparagraph (B). (B) APPRAISAL- The fair market value of the property to be conveyed under subsection (a) shall be determined based on an appraisal that-- (i) is conducted by a licensed, independent appraiser that is approved by the Secretary and the Corporation; (ii) is based on the highest and best use of the property; (iii) is approved by the Secretary; and (iv) is paid for by the Corporation. (2) PRE-CONVEYANCE ENTRY- The Secretary, on terms and conditions the Secretary determines to be appropriate, may authorize the Corporation to enter the property at no charge for pre-construction and construction activities. (3) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (d) Exemption- Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) shall not apply to any conveyance of property under this section. (e) Corporation Defined- In this section, the term `Corporation' means the Olgoonik Corporation, an Alaska Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
H.Res.2640 Jul-10-13
STATUS: July 10, 2013.--Introduced in House. September 20, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-224. October 29, 2013.--Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. October 30, 2013.--Referred to Senate Committee on Energy and Natural Resources. H.R.2640 Central Oregon Jobs and Water Security Act (Referred in Senate - RFS) HR 2640 RFS 113th CONGRESS1st Session H. R. 2640IN THE SENATE OF THE UNITED STATESOctober 30, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Wild and Scenic Rivers Act to adjust the Crooked River boundary, to provide water certainty for the City of Prineville, Oregon, 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 `Central Oregon Jobs and Water Security Act'. SEC. 2. WILD AND SCENIC RIVER; CROOKED, OREGON. Section 3(a)(72) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(72)) is amended as follows: (1) By striking `15-mile' and inserting `14.75-mile'. (2) In subparagraph (B)-- (A) by striking `8-mile' and all that follows through `Bowman Dam' and inserting `7.75-mile segment from a point one-quarter mile downstream from the toe of Bowman Dam'; and (B) by adding at the end the following: `The developer for any hydropower development, including turbines and appurtenant facilities, at Bowman Dam, in consultation with the Bureau of Land Management, shall analyze any impacts to the Outstandingly Remarkable Values of the Wild and Scenic River that may be caused by such development, including the future need to undertake routine and emergency repairs, and shall propose mitigation for any impacts as part of any license application submitted to the Federal Energy Regulatory Commission.'. SEC. 3. CITY OF PRINEVILLE WATER SUPPLY. Section 4 of the Act of August 6, 1956 (70 Stat. 1058), (as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954)) is further amended as follows: (1) By striking `ten cubic feet' the first place it appears and inserting `17 cubic feet'. (2) By striking `during those months when there is no other discharge therefrom, but this release may be reduced for brief temporary periods by the Secretary whenever he may find that release of the full ten cubic feet per second is harmful to the primary purpose of the project'. (3) By adding at the end the following: `Without further action by the Secretary, and as determined necessary for any given year by the City of Prineville, up to seven of the 17 cubic feet per second minimum release shall also serve as mitigation for City of Prineville groundwater pumping, pursuant to and in a manner consistent with Oregon State law, including any shaping of the release of the up to seven cubic feet per second to coincide with City of Prineville groundwater pumping as may be required by the State of Oregon. As such, the Secretary is authorized to make applications to the State of Oregon in conjunction with the City to protect these supplies instream. The City shall make payment to the Secretary for that portion of the minimum release that actually serves as mitigation pursuant to Oregon State law for the City in any given year, with the payment for any given year equal to the amount of mitigation in acre feet required to offset actual City groundwater pumping for that year in accordance with Reclamation `Water and Related Contract and Repayment Principles and Requirements', Reclamation Manual Directives and Standards PEC 05-01, dated 09/12/2006, and guided by `Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies', dated March 10, 1983. The Secretary is authorized to contract exclusively with the City for additional amounts in the future at the request of the City.'. SEC. 4. FIRST FILL PROTECTION. The Act of August 6, 1956 (70 Stat. 1058), as amended by the Acts of September 14, 1959 (73 Stat. 554), and September 18, 1964 (78 Stat. 954), is further amended by adding at the end the following: `Sec. 6. Other than the 17 cubic feet per second release provided for in section 4, and subject to compliance with the Army Corps of Engineers' flood curve requirements, the Secretary shall, on a `first fill' priority basis, store in and release from Prineville Reservoir, whether from carryover, infill, or a combination thereof, the following: `(1) 68,273 acre feet of water annually to fulfill all 16 Bureau of Reclamation contracts existing as of January 1, 2011, and up to 2,740 acre feet of water annually to supply the McKay Creek lands as provided for in section 5 of this Act. `(2) Not more than 10,000 acre feet of water annually, to be made available to the North Unit Irrigation District pursuant to a Temporary Water Service Contract, upon the request of the North Unit Irrigation District, consistent with the same terms and conditions as prior such contracts between the District and the Bureau of Reclamation. `Sec. 7. Except as otherwise provided in this Act, nothing in this Act-- `(1) modifies contractual rights that may exist between contractors and the United States under Reclamation contracts; `(2) amends or reopens contracts referred to in paragraph (1); or `(3) modifies any rights, obligations, or requirements that may be provided or governed by Oregon State law.'. SEC. 5. OCHOCO IRRIGATION DISTRICT. (a) Early Repayment- Notwithstanding section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm), any landowner within Ochoco Irrigation District in Oregon, may repay, at any time, the construction costs of the project facilities allocated to that landowner's lands within the district. Upon discharge, in full, of the obligation for repayment of the construction costs allocated to all lands the landowner owns in the district, those lands shall not be subject to the ownership and full-cost pricing limitations of the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts supplemental to and amendatory of that Act, including the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.). (b) Certification- Upon the request of a landowner who has repaid, in full, the construction costs of the project facilities allocated to that landowner's lands owned within the district, the Secretary of the Interior shall provide the certification provided for in subsection (b)(1) of section 213 of the Reclamation Reform Act of 1982 (43 U.S.C. 390mm(b)(1)). (c) Contract Amendment- On approval of the district directors and notwithstanding project authorizing legislation to the contrary, the district's reclamation contracts are modified, without further action by the Secretary of the Interior, to-- (1) authorize the use of water for instream purposes, including fish or wildlife purposes, in order for the district to engage in, or take advantage of, conserved water projects and temporary instream leasing as authorized by Oregon State law; (2) include within the district boundary approximately 2,742 acres in the vicinity of McKay Creek, resulting in a total of approximately 44,937 acres within the district boundary; (3) classify as irrigable approximately 685 acres within the approximately 2,742 acres of included lands in the vicinity of McKay Creek, where the approximately 685 acres are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights; and (4) provide the district with stored water from Prineville Reservoir for purposes of supplying up to the approximately 685 acres of lands added within the district boundary and classified as irrigable under paragraphs (2) and (3), with such stored water to be supplied on an acre-per-acre basis contingent on the transfer of existing appurtenant McKay Creek water rights to instream use and the State's issuance of water rights for the use of stored water. (d) Limitation- Except as otherwise provided in subsections (a) and (c), nothing in this section shall be construed to-- (1) modify contractual rights that may exist between the district and the United States under the district's Reclamation contracts; (2) amend or reopen the contracts referred to in paragraph (1); or (3) modify any rights, obligations or relationships that may exist between the district and its landowners as may be provided or governed by Oregon State law. Passed the House of Representatives October 29, 2013. Attest: KAREN L. HAAS, Clerk.
S.2638 Jul-22-14
STATUS: July 22, 2014.--Introduced.
S.2626 Jul-17-14
STATUS: July 17, 2014.--Introduced. S.2626 Fair Share Act of 2014 (Introduced in Senate - IS) S 2626 IS 113th CONGRESS2d SessionS. 2626 To amend chapter 69 of title 31, United States Code, to expand the payment in lieu of taxes program to include payments for secure rural schools, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 17, 2014 Mr. WALSH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend chapter 69 of title 31, United States Code, to expand the payment in lieu of taxes program to include payments for secure rural schools, 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 `Fair Share Act of 2014'. SEC. 2. DEFINITIONS. Section 6901(1) of title 31, United States Code, is amended-- (1) in subparagraph (G), by striking `or' at the end; (2) in subparagraph (H), by striking the period at the end and inserting `; or'; and (3) by adding at the end the following: `(I) that was purchased for addition to the National Wildlife Refuge System.'. SEC. 3. AUTHORITY AND ELIGIBILITY. Section 6902(a) of title 31, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking `(a)(1) Except' and inserting the following: `(a) Payments to Units of General Local Government- `(1) PAYMENTS- `(A) IN GENERAL- Except'; and (B) in the second sentence, by striking `A unit' and inserting the following: `(B) USE- Except as provided in paragraph (3), a unit'; and (2) by adding at the end the following: `(3) USE OF FUNDS- `(A) SECURE RURAL SCHOOLS ALLOCATION- If a unit of general local government received a payment under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) for fiscal year 2013 and elects not to receive a payment under section 6903(e)(4) for a fiscal year, of the payments made to the unit of general local government pursuant to this chapter, the unit of general local government shall use the amount calculated under subparagraph (B) for the applicable fiscal year-- `(i) in accordance with the requirements of section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)); and `(ii) in a manner that ensures that each payment provided to the unit of general local government under this chapter is allocated among each eligible program of the unit of general local government for the fiscal year based on the proportion required under applicable State law for fiscal year 2013, consistent with section 6908. `(B) AMOUNT- The amount referred to in subparagraph (A) is the product obtained by multiplying-- `(i) the amounts provided under this chapter for the unit of general local government for the applicable fiscal year; by `(ii) the proportion that-- `(I) the amount of payments received by the unit of general local government under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.) for fiscal year 2013; bears to `(II) the sum of-- `(aa) the amount received by the unit of general local government for fiscal year 2013 under this chapter; `(bb) 95 percent of the amount received by the unit of general local government for fiscal year 2013 under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 1701 et seq.); and `(cc) the amount authorized to be received by the unit of general local government for fiscal year 2013 under section 401(c)(2) of the Act of June 15, 1935 (commonly known as the `Refuge Revenue Sharing Act') (16 U.S.C. 715s(c)(2)). `(C) STATE LAW- `(i) EFFECT- Nothing in this chapter prevents a State from enacting a law that changes the allocation of payments among each eligible program of units of general local government pursuant to this chapter under subparagraph (A)(ii). `(ii) APPLICABILITY- If a State enacts a law that modifies the allocation of payments among each eligible program of units of general local government pursuant to this chapter under subparagraph (A)(ii), the allocation modified by the State law shall apply the following fiscal year for the State.'. SEC. 4. PAYMENTS. Section 6903 of title 31, United States Code, is amended-- (1) in subsection (b)(1), by striking `(but not more than the limitation determined under subsection (c) of this section)' each place it appears and inserting `(but not more than the limitation determined under subsection (c) or section 6904, as applicable)'; (2) in subsection (c), by striking `The limitation' each place it appears and inserting `Subject to section 6904, the limitation'; and (3) by adding at the end the following: `(e) Additional Payment Election- `(1) INITIAL ELECTION TO RECEIVE 25-PERCENT PAYMENTS- If a unit of general local government elected to receive amounts under section 102(b)(2)(B) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(b)(2)(B)) for fiscal year 2013, not later than September 30 of the first fiscal year after the date of enactment of this subsection, the unit of general local government shall notify the Secretary of Agriculture of the election to receive or not to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500). `(2) ELECTION TO RECEIVE 25-PERCENT PAYMENTS- If a unit of general local government elects under paragraph (1) to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500), for purposes of this chapter, the unit of general local government shall not receive any payments under section 6904. `(3) ELECTION NOT TO RECEIVE 25-PERCENT PAYMENTS- If a unit of general local government elects under paragraph (1) not to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500), for purposes of this chapter, the payment under subsection (b) shall exclude the amounts that would have been paid to the unit of general local government for the fiscal year under the Act of May 23, 1908 (16 U.S.C. 500). `(4) SUBSEQUENT ELECTIONS- A unit of general local government described in paragraph (1) may change the election for subsequent fiscal years if the unit of general local government notifies Secretary of Agriculture of the election by September 30 of the preceding fiscal year.'. SEC. 5. ADDITIONAL PAYMENTS. Section 6904 of title 31, United States Code, is amended-- (1) by striking the section designation and heading and all that follows through `(b) The Secretary' and inserting the following: `Sec. 6904. Additional payments `(a) In General- In addition to payments the Secretary of the Interior makes under section 6902, the Secretary of the Interior shall make payments for each fiscal year to a unit of general local government subject to the requirements of this section. `(b) Requirements for Acquired Designated Entitlement Land- `(1) REAL PROPERTY TAXES- In addition to payments the Secretary of the Interior makes under section 6902, the Secretary shall make a payment for each fiscal year to a unit of general local government collecting and distributing real property taxes (including a unit in the State of Alaska outside the boundaries of an organized borough) in which is located an interest in land that-- `(A) the Federal Government acquires for-- `(i) the National Park System; `(ii) the National Wilderness Preservation System; or `(iii) the National Wildlife Refuge System; and `(B) was subject to local real property taxes during the 5-year period ending on the date on which the interest is acquired. `(2) REQUIREMENTS- The Secretary'; (2) in subsection (c)-- (A) in the third sentence, by striking `subsection (a) of this section' and inserting `paragraph (1)'; and (B) by striking `(c) Each yearly' and inserting the following: `(3) AMOUNT- Each yearly'; (3) by striking subsection (d) and inserting the following: `(4) REGULATIONS- The Secretary may promulgate regulations under which payments may be made to units of general local government when paragraphs (1) and (2) will not carry out the purpose of those paragraphs.'; and (4) by adding at the end the following: `(c) Requirements for Designated Entitlement Land and Historic Payments- `(1) DESIGNATED ENTITLEMENT LAND- Notwithstanding section 6903 and subject to paragraph (4), the Secretary of the Interior shall adjust the applicable limitation described in section 6903(c) for a unit of general local government that-- `(A) receives a payment under section 6902; and `(B) uses that payment for entitlement land that is-- `(i) a unit of the National Park System; `(ii) a unit of the National Wildlife Refuge System; or `(iii) a component of the National Wilderness Preservation System that is not land described in clause (i) or (ii). `(2) HISTORIC PAYMENTS- Notwithstanding section 6903, the Secretary of the Interior shall make a payment to a unit of general local government that received amounts during fiscal year 2013 under-- `(A) the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 1701 et seq.); or `(B) section 401(c)(2) of the Act of June 15, 1935 (commonly known as the `Refuge Revenue Sharing Act') (16 U.S.C. 715s(c)(2)). `(3) ADDITIONAL PAYMENT CALCULATIONS- `(A) DESIGNATED ENTITLEMENT LAND- The adjusted limitation under paragraph (1) shall be an amount equal to the sum of-- `(i) the applicable limitation for the unit of general local government described in section 6903(c); and `(ii) the product obtained by multiplying-- `(I) the quantity of acres of entitlement land of the unit of general local government that is (as applicable)-- `(aa) a unit of the National Park System; `(bb) a unit of the National Wildlife Refuge System; or `(cc) a component of the National Wilderness Preservation System that is not land described in item (aa) or (bb); and `(II) 1/2 of the applicable per-acre amount for the unit of general local government described in section 6903(b)(1) for the fiscal year. `(B) HISTORIC PAYMENTS- The additional payment under paragraph (2) shall be an amount equal to the difference between-- `(i) the sum of-- `(I) the amount received by the unit of general local government for fiscal year 2013 under this chapter; `(II) 95 percent of the amount received by the unit of local government for fiscal year 2013 under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 1701 et seq.); and `(III) the amount authorized to be received by the unit of general local government for fiscal year 2013 under section 401(c)(2) of the Act of June 15, 1935 (commonly known as the `Refuge Revenue Sharing Act') (16 U.S.C. 715s(c)(2)); and `(ii) the sum of-- `(I) the applicable amount for the unit of general local government described in section 6903(c); and `(II) the applicable amount for the unit of general local government calculated under subparagraph (A). `(4) LIMITATION- The limitation under this chapter for a unit of general local government that receives a payment under paragraph (1) shall not exceed the lesser of-- `(A) 3 times the applicable limitation specified in section 6903(c)(2) for the unit of general local government; and `(B) the limitation specified in section 6903(c)(2) for a unit of general local government with a population of 50,000.'. SEC. 6. ADJUSTED SHARE. Chapter 69 of title 31, United States Code, is amended-- (1) by redesignating sections 6906 and 6907 as sections 6907 and 6908, respectively; and (2) by inserting after section 6905 the following: `Sec. 6906. Adjusted share `(a) Requirement- The final payment provided under this chapter for a fiscal year for each unit of general local government shall be adjusted by an amount equal to the quotient obtained by dividing-- `(1) the sum of the amount of payments to the applicable unit of general local government under sections 6903 through 6905; by `(2) the economic performance index described in subsection (d). `(b) Economic Performance Score Measures- The economic performance index referred to in subsection (a)(2) shall be based on an economic performance score comprised of 5 equally weighted measures of economic performance and opportunity, calculated for each fiscal year, as follows: `(1) MEDIAN HOUSEHOLD INCOME- The median household income for the unit of general local government, according to the most recent 5-year estimate of the American Community Survey of the Bureau of the Census. `(2) AVERAGE EARNINGS PER JOB- The average earnings per job for the unit of general local government, according to the most recent estimates of the applicable Regional Economic Profiles (as reflected in Table CA 30) published by the Bureau of Economic Analysis of the Department of Commerce. `(3) PERCENTAGE OF FAMILIES ABOVE THE POVERTY LEVEL- The percentage of households served by the unit of general local government that are above the poverty level, as determined by the most recent 5-year estimates of the American Community Survey of the Bureau of the Census. `(4) PERCENTAGE OF POPULATION WITH BACHELOR'S DEGREE OR HIGHER- The percentage of the population served by the unit of general local government that, as determined by the most recent 5-year estimates of the American Community Survey of the Bureau of the Census-- `(A) is aged 25 years or older; and `(B) has received-- `(i) a bachelor's degree from an institution of higher education; or `(ii) a master's, professional, or doctorate degree. `(5) AREA CLASSIFICATIONS- `(A) IN GENERAL- Subject to subparagraph (B), a classification of each unit of general local government into core based statistical areas and combined statistical areas, as determined in accordance with the most recent metropolitan and micropolitan statistical areas and delineations of the Office of Management and Budget and resulting from the application of published standards to the Bureau of the Census data, into 1 of the following 4 areas: `(i) A central metropolitan statistical area. `(ii) An outlying metropolitan statistical area. `(iii) A central micropolitan statistical area. `(iv) An outlying micropolitan statistical area. `(B) RURAL AREAS- Any unit of general local government that is not delineated into 1 of the 4 areas described in subparagraph (A) shall be considered to be a rural area. `(c) Economic Performance Score Preparation- In preparing the economic performance score under subsection (b), the Secretary of the Interior shall-- `(1)(A) gather data for the most recent calendar year available regarding each variable described in paragraphs (1) through (5) of subsection (b) that comprise the score for each unit of general local government; or `(B) if specific data for a unit of general local government are not available, use the applicable county average; `(2) recalculate each variable on a 0-to-1 scale by dividing the value of the variable for each unit of general local government by the highest value for that variable among all units of general local government, including by classifying a unit of general local government under subsection (b)(5) such that-- `(A) a central metropolitan statistical area is equal to 0.75; `(B) an outlying metropolitan statistical area is equal to 0.6; `(C) a central micropolitan statistical area is equal to 0.5; `(D) an outlying micropolitan statistical area is equal to 0.4; and `(E) a rural area is equal to 0.25; `(3) calculate for each unit of general local government an economic performance score that is equal to the sum of the value of the variables recalculated under paragraph (2); and `(4) create a percentile rank for each unit of general local government, which shall be equal to the quotient obtained by dividing-- `(A) the product obtained by multiplying-- `(i) 100; and `(ii) the difference between-- `(I) the numeric rank of the economic performance score calculated under paragraph (3), relative to the economic performance scores of all other units of general local government; and `(II) 0.5; by `(B) the total number of units of general local government. `(d) Economic Performance Index- For purposes of subsection (a), the Secretary of the Interior shall adjust the amount of payments provided under this chapter based on an economic performance index equal to the sum of-- `(1) the product obtained by multiplying-- `(A) the difference between-- `(i) the percentile rank calculated under subsection (c); and `(ii) 0.5; and `(B) 0.4; and `(2) 1.'. SEC. 7. FUNDING. Section 6907 of title 31, United States Code (as redesignated by section 6(1)), is amended by striking `of fiscal years 2008 through 2014' and inserting `fiscal year'. SEC. 8. RESOURCE ADVISORY COMMITTEES. Chapter 69 of title 31, United States Code (as amended by section 6(1)), is amended by adding at the end the following: `Sec. 6909. Funding for resource advisory committees `(a) In General- For each of fiscal years 2014 through 2018, not more than $25,000,000 of the amounts made available for the fiscal year to the Secretary of the Interior for obligation or expenditure in accordance with this chapter shall be made available to the Secretary of the Interior or the Secretary of Agriculture, as applicable-- `(1) to pay the administrative costs of any resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121)) that was established before September 29, 2013; or `(2) to establish new resource advisory committees, as appropriate, in accordance with section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125). `(b) Vegetation Management Projects- Notwithstanding title II of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121 et seq.), resource advisory committees provided amounts under this section may propose vegetation management projects, including projects authorized under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a). `(c) Allocation- Amounts under this section shall be allocated among units of general local government and applicable units of Federal land in a manner substantially similar to the allocation of amounts under title II of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121 et seq.) for fiscal year 2013. `(d) Unused Amounts- Any unused amounts under this section as of September 30 of each fiscal year shall be allocated in accordance with this chapter among all units of general local government for the subsequent fiscal year.'. SEC. 9. CONFORMING AMENDMENT. The chapter analysis for chapter 69 of title 31, United States Code, is amended by striking the items relating to sections 6906 and 6907 and inserting the following: `6906. Adjusted share. `6907. Funding. `6908. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government. `6909. Funding for resource advisory committees.'.