Legislation

Bill Introduced Description
S.1341 Jul-23-13
STATUS: July 23, 2013.--Introduced. July 29, 2013.--Mr. Risch added as cosponsor. November 20, 2013.--Subcommittee hearing held. December 18, 2013.--Mr. Flake added as cosponsor. December 19, 2013.--Ordered to be reported with an amendment favorably. May 22, 2014.--Reported with an amendment and an amendment to the title. S. Rept. 113-171. May 22, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 397]. June 3, 22014.--Mr. Walsh added as cosponsor. S.1341 Cabin Fee Act of 2013 (Introduced in Senate - IS) S 1341 IS 113th CONGRESS1st SessionS. 1341 To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 23, 2013 Mr. TESTER (for himself, Mr. BAUCUS, Mr. BARRASSO, Mrs. FEINSTEIN, Mr. CRAPO, Mr. ENZI, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, 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 `Cabin Fee Act of 2013'. SEC. 2. CABIN USER FEES. (a) In General- The Secretary of Agriculture (referred to in this Act as the `Secretary') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Completion of Current Appraisal Cycle- Not later than 2 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the `current appraisal cycle'). (c) Interim Fee- Until the date on which the current appraisal cycle is completed under subsection (b), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fees Fairness Act (16 U.S.C. 6901 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,500. (d) Adjustment- (1) IN GENERAL- On the date of completion of the current appraisal cycle, and before assessing a fee under this Act, the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (2) SECOND APPRAISAL- (A) IN GENERAL- Notwithstanding paragraph (1), a permittee may arrange for a second appraisal of a recreational residence lot. (B) REQUIREMENTS- Any appraisal conducted under subparagraph (A) shall be conducted in accordance with applicable Federal appraisal standards. (C) VALUE- If an appraisal conducted under subparagraph (A) is approved by the Secretary, the value established by the appraisal shall be the value assigned to the lot. (e) Annual Fee- (1) AMOUNT- After the date on which appraised lot values have been adjusted in accordance with subsection (d), the annual fee assessed by the Secretary for recreational residences on National Forest System land shall be as follows: -------------------------------------------------------------- Fee Tier Approximate Percent of Permits Nationally Fee Amount -------------------------------------------------------------- Tier 1 Not to exceed 6 percent $500 Tier 2 Not to exceed 16 percent $1,000 Tier 3 Not to exceed 26 percent $1,500 Tier 4 Not to exceed 22 percent $2,000 Tier 5 At least 10 percent $2,500 Tier 6 Not to exceed 5 percent $3,000 Tier 7 Not to exceed 5 percent $3,500 Tier 8 Not to exceed 3 percent $4,000 Tier 9 Not to exceed 3 percent $4,500 Tier 10 Not to exceed 3 percent $5,000 Tier 11 Not to exceed 1 percent $5,500. -------------------------------------------------------------- (2) ADJUSTMENTS- The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) ACCESS AND OCCUPANCY- (A) IN GENERAL- The Secretary may suspend or reduce the applicable fee under paragraph (1) if access to, or the occupancy of, the recreational residence is significantly restricted. (B) APPEAL- A decision of the Secretary to suspend or reduce the annual fee under subparagraph (A) may be appealed. (f) Periodic Review- (1) IN GENERAL- Beginning on the date that is 10 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) LIMITATION- The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General- The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments- The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General- Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska- The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General- Beginning on October 1, 2023, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use- Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEES FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.
S.1339 Jul-23-13
STATUS: July 23, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee. (27) S.1339 To reauthorize the Ohio & Erie Canal National Heritage Canalway. (Introduced in Senate - IS) S 1339 IS 113th CONGRESS1st SessionS. 1339 To reauthorize the Ohio & Erie Canal National Heritage Canalway. IN THE SENATE OF THE UNITED STATESJuly 23, 2013 Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Ohio & Erie Canal National Heritage Canalway. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REAUTHORIZATION OF OHIO & ERIE CANAL NATIONAL HERITAGE CANALWAY. Section 809 of the Ohio & Erie Canal National Heritage Corridor Act of 1996 (16 U.S.C. 461 note; Public Law 104-333; 122 Stat. 826; 127 Stat. 420) is amended by striking `2013' and inserting `2022'.
S.1328 Jul-18-13
STATUS: July 18, 2013.--Introduced. July 31, 2013.--Hearing by Subcommittee (27) S.1328 New Philadelphia, Illinois, Study Act (Introduced in Senate - IS) S 1328 IS 113th CONGRESS1st SessionS. 1328 To authorize the Secretary of the Interior to conduct a special resource study of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 18, 2013 Mr. KIRK (for himself and Mr. DURBIN) 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 of the archeological site and surrounding land of the New Philadelphia town site in the State of Illinois, 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 `New Philadelphia, Illinois, Study Act'. SEC. 2. FINDINGS. Congress finds that-- (1) Frank McWorter, an enslaved man, bought his freedom and the freedom of 15 family members by mining for crude niter in Kentucky caves and processing the mined material into saltpeter; (2) New Philadelphia, founded in 1836 by Frank McWorter, was the first town planned and legally registered by a free African-American before the Civil War; (3) the first railroad constructed in the area of New Philadelphia bypassed New Philadelphia, which led to the decline of New Philadelphia; and (4) the New Philadelphia site-- (A) is a registered National Historic Landmark; (B) is covered by farmland; and (C) does not contain any original buildings of the town or the McWorter farm and home that are visible above ground. SEC. 3. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) STUDY AREA- The term `Study Area' means the New Philadelphia archeological site and the surrounding land in the State of Illinois. SEC. 4. SPECIAL RESOURCE STUDY. (a) Study- The Secretary shall conduct a special resource study of the Study Area. (b) Contents- In conducting the study under subsection (a), the Secretary shall-- (1) evaluate the national significance of the Study Area; (2) determine the suitability and feasibility of designating the Study Area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Study Area by-- (A) Federal, State, or local governmental entities; or (B) private and nonprofit organizations; (4) consult with-- (A) interested Federal, State, or local governmental entities; (B) private and nonprofit organizations; or (C) any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (3). (c) Applicable Law- The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing-- (1) the results of the study; and (2) any conclusions and recommendations of the Secretary. (e) Funding- The study authorized under this section shall be carried out using existing funds of the National Park Service.
S.1309 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 30, 2013.--Hearing by Subcommittee (25) May 14, 2014.--Reported with an amendment in the nature of a substitute. S. Rept. No. 113-161. May 14, 2014.--Placed on Senate Legislative Calendar. [Calendar No. 378]. S.1309 Military Land Withdrawals Act (Introduced in Senate - IS) S 1309 IS 113th CONGRESS1st SessionS. 1309 To withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, and for other purposes. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. WYDEN (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, 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 `Military Land Withdrawals Act'. SEC. 2. MILITARY LAND WITHDRAWALS AND CODIFICATION OF STATUTORY PROVISIONS RELATING TO CHINA LAKE, LIMESTONE HILLS, CHOCOLATE MOUNTAIN, AND TWENTYNINE PALMS. (a) Military Land Withdrawals and Creation of New Chapter- Subtitle A of title 10, United States Code, is amended by inserting after chapter 173 the following new chapter: `CHAPTER 174--LAND WITHDRAWALS `Subchapter --Sec. 2931 2955 2957 2959 2961 `SUBCHAPTER I--GENERAL PROVISIONS `Sec. `2931. General applicability; definition. `2932. Maps and legal descriptions. `2933. Access restrictions. `2934. Changes in use. `2935. Authorizations for nondefense-related uses. `2936. Brush and fire prevention and suppression. `2937. On-going decontamination. `2938. Water rights. `2939. Hunting, fishing, and trapping. `2940. Limitations on extensions and withdrawals. `2941. Application for renewal of a withdrawal and reservation. `2942. Limitation on subsequent availability of lands for appropriation. `2943. Relinquishment. `2944. Interchanges and transfers of Federal lands. `2945. Delegability by the Secretary of the Interior. `2946. Land withdrawals; immunity of United States. `Sec. 2931. General applicability; definition `(a) Applicability of Subchapter- The provisions of this subchapter apply to any withdrawal made by this chapter. `(b) Rules of Construction- (1) Except as may be provided pursuant to section 2944 of this title, nothing in this chapter shall be construed as assigning management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. `(2) The terms `manage' and `management', when used in reference to lands withdrawn and reserved by this chapter, include the authority to exercise jurisdiction, custody, and control over those lands in accordance with this title, except that those terms do not include authority for land disposal. `(c) Definition- In this chapter, the term `Indian tribe' has the meaning given such term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). `Sec. 2932. Maps and legal descriptions `(a) Preparation of Maps and Legal Descriptions- As soon as practicable after the date of the enactment of a subchapter of this chapter, the Secretary of the Interior shall-- `(1) publish in the Federal Register a notice containing the legal description of the lands withdrawn and reserved by such subchapter; and `(2) file a map or maps and legal description of the lands withdrawn and reserved by such subchapter with the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. `(b) Legal Effect- Such maps and legal descriptions shall have the same force and effect as if they were included in this chapter, except that the Secretary of the Interior may correct clerical and typographical errors in such maps and legal descriptions. `(c) Availability- Copies of such maps and legal descriptions shall be available for public inspection-- `(1) in the appropriate offices of the Bureau of Land Management; `(2) in the office of the commanding officer of the military installation at which the lands are withdrawn; and `(3) if the military installation is under the management of the National Guard, in the office of the Adjutant General of the State in which the installation is located. `(d) Costs- The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in implementing this section. `Sec. 2933. Access restrictions `(a) In General- If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary may take such action as the Secretary determines necessary or desirable to effect and maintain such closure. `(b) Limitation- Any closure under subsection (a) shall be limited to the minimum areas and periods that the Secretary concerned determines are required for the purposes specified in such subsection. `(c) Consultation- (1) Before a closure under this section is implemented, the Secretary concerned shall consult with the Secretary of the Interior. `(2) In a case in which such a closure may affect access to or use of sacred sites or resources considered important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable time, with that tribe. `(3) No consultation is required under paragraph (1) or (2)-- `(A) if the closure is already provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or `(B) in the case of an emergency, as determined by the Secretary concerned. `(d) Notice- Immediately preceding and during any closure under subsection (a), the Secretary concerned shall post appropriate warning notices and take other steps, as necessary, to notify the public of the closure. `Sec. 2934. Changes in use `(a) Other Uses Authorized- The Secretary concerned may authorize the use of lands withdrawn and reserved by a subchapter of this chapter for defense-related purposes in addition to the purposes specified in such subchapter. `(b) Notice to Secretary of the Interior- The Secretary concerned shall promptly notify the Secretary of the Interior in the event that the lands withdrawn and reserved by a subchapter of this chapter will be used for additional defense-related purposes. Such notification shall indicate-- `(1) the additional use or uses involved; `(2) the planned duration of such additional uses; and `(3) the extent to which such additional uses will require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted non-defense-related uses of the withdrawn and reserved lands or portions thereof. `Sec. 2935. Authorizations for nondefense-related uses `(a) Authorizations by the Secretary of the Interior- Subject to the applicable withdrawals contained in each subchapter of this chapter, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter. `(b) Authorizations by the Secretary Concerned- The Secretary concerned may authorize the use, occupancy, or development of the lands withdrawn and reserved by this chapter-- `(1) for a defense-related purpose; or `(2) subject to the consent of the Secretary of the Interior, for a non-defense-related purpose. `(c) Form of Authorization- An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. `(d) Prevention of Drainage of Oil or Gas Resources- For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease lands otherwise withdrawn from operation of the mineral leasing laws and reserved for defense-related purposes under this chapter, under such terms and conditions as the Secretary considers appropriate. No surface occupancy may be approved by the Secretary of the Interior without the consent of the Secretary concerned. The Secretary of the Interior may unitize or consent to communitization of such lands. The Secretary of the Interior may promulgate regulations to implement this subsection. `Sec. 2936. Brush and range fire prevention and suppression `(a) Required Activities- The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by this chapter, including fires outside those lands that spread from the withdrawn and reserved lands and which occurred as a result of such activities. `(b) Cooperation of Secretary of the Interior- At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary concerned. Notwithstanding section 2215 of this title, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance. `Sec. 2937. On-going decontamination `Throughout the duration of a withdrawal and reservation of lands under this chapter, the Secretary concerned shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of this title. `Sec. 2938. Water rights `(a) No Reservation Created- Nothing in this chapter shall be construed-- `(1) to establish a reservation in favor of the United States with respect to any water or water right on the lands withdrawn and reserved by this chapter; or `(2) to authorize the appropriation of water on such lands except in accordance with applicable State law. `(b) Effect on Previously Acquired or Reserved Water Rights- This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of the applicable subchapter of this chapter, and the Secretary concerned may exercise any such previously acquired or reserved water rights. `Sec. 2939. Hunting, fishing, and trapping `Section 2671 of this title shall apply to all hunting, fishing, and trapping on the lands withdrawn and reserved by this chapter and for which management has been assigned to the Secretary concerned. `Sec. 2940. Limitation on extensions and renewals `The withdrawals and reservations established by this chapter may not be extended or renewed except by a law enacted by Congress. `Sec. 2941. Application for renewal of a withdrawal and reservation `(a) Notice- To the extent practicable, no later than five years before the termination of a withdrawal and reservation established by a subchapter of this chapter, the Secretary concerned shall notify the Secretary of the Interior as to whether or not the Secretary concerned will have a continuing defense-related need for any of the lands withdrawn and reserved by such subchapter after the termination date of such withdrawal and reservation. The Secretary concerned shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. `(b) Filing for Extension- If the Secretary concerned concludes that there will be a continuing defense-related need for any of such lands after the termination date, the Secretary shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals. `Sec. 2942. Limitation on subsequent availability of lands for appropriation `At the time of termination of a withdrawal and reservation made by a subchapter of this chapter, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes. `Sec. 2943. Relinquishment `(a) Notice of Intention To Relinquish- If, during the period of withdrawal and reservation, the Secretary concerned decides to relinquish any or all of the lands withdrawn and reserved by a subchapter of this chapter, the Secretary concerned shall file a notice of intention to relinquish with the Secretary of the Interior. `(b) Determination of Contamination- As a part of the notice under subsection (a), the Secretary concerned shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances. `(c) Public Notice- The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands. `(d) Decontamination of Lands To Be Relinquished- `(1) DECONTAMINATION REQUIRED- If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary concerned, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary concerned shall decontaminate the land to the extent that funds are appropriated for such purpose. `(2) ALTERNATIVES- If the Secretary of the Interior, after consultation with the Secretary concerned, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment. `(3) STATUS OF CONTAMINATED LANDS UPON TERMINATION- If, because of their contaminated state, the Secretary of the Interior declines to accept the lands withdrawn and reserved by a subchapter of this chapter which have been proposed for relinquishment, or if at the expiration of the withdrawal and reservation made by such subchapter the Secretary of the Interior determines that some of the lands withdrawn and reserved by such subchapter are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws-- `(A) the Secretary concerned shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands; `(B) after the expiration of the withdrawal and reservation, the Secretary concerned shall undertake no activities on such lands except in connection with decontamination of such lands; and `(C) the Secretary concerned shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph. `(e) Revocation Authority- Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation established by a subchapter of this chapter as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall-- `(1) terminate the withdrawal and reservation; `(2) constitute official acceptance of the lands by the Secretary of the Interior; and `(3) state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws. `(f) Acceptance by Secretary of the Interior- Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress. `Sec. 2944. Interchanges and transfers of Federal lands `(a) Authority- The Secretary of the Interior and the Secretary concerned may interchange or transfer between each other parcels of Federal land under their jurisdiction. A parcel may include multiple non-contiguous pieces of Federal lands. `(b) Conditions- Any interchange or transfer of land under this section is subject to the following conditions: `(1) The Secretary of the Interior and the Secretary concerned must each determine that the interchange or transfer is to the benefit of their respective department and in the public interest. `(2) Both parcels of land to be interchanged must, before the interchange, be located on the same military installation. `(3) Both parcels of land to be interchanged must be of approximately the same acreage. `(4) The parcel to be transferred must be located on the military installation to which it is transferred. `(5) The parcel interchanged or transferred by the Secretary of the Interior must be part of the lands withdrawn and reserved by this chapter. `(6) The parcel interchanged or transferred by the Secretary concerned must be under the administrative jurisdiction of the Secretary concerned and excess to the needs of the Department of Defense. `(7) During the term of a withdrawal, no more than 5,000 acres may be transferred under this section by one Secretary to the other on any one military installation. `(c) Status of Federal Land After Interchange- Upon completion of an interchange or transfer under this section-- `(1) at the discretion of the Secretary of the Interior, a parcel received by the Secretary of the Interior may-- `(A) become withdrawn and reserved lands under the provisions of this chapter; or `(B) be managed as public lands under the provisions of the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) and other applicable law; and `(2) a parcel received by the Secretary concerned shall-- `(A) cease to be part of the public lands and lands withdrawn and reserved by this chapter; and `(B) be treated as property under section 102(9) of title 40 under the administrative jurisdiction of the Secretary concerned. `(d) Equalization Payments- Neither the Secretary of the Interior nor the Secretary concerned may make an equalization payment to further a land interchange or transfer under this section. `Sec. 2945. Delegability by the Secretary of the Interior `The Secretary of the Interior may delegate the Secretary's functions under this chapter, except that an order pursuant to section 2942 of this title and a revocation order pursuant to section 2943(e) of this title may be approved and signed only by individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate. `Sec. 2946. Land withdrawals; immunity of the United States `The United States and all departments and agencies thereof, and their officers and employees, shall be held harmless and shall not be liable for any injuries or damages to persons or property suffered in the course of any mining or mineral or geothermal leasing activity or other authorized non-defense-related activity conducted on lands withdrawn and reserved by this chapter. `SUBCHAPTER II--CHINA LAKE, CALIFORNIA `Sec. `2955a. Withdrawal and reservation. `2955b. Management of withdrawn and reserved lands. `2955c. Duration of withdrawal and reservation. `Sec. 2955a. Withdrawal and reservation `(a) Withdrawal- (1) Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: `(1) Use as a research, development, test, and evaluation laboratory. `(2) Use as a range for air warfare weapons and weapon systems. `(3) Use as a high-hazard testing and training area for aerial gunnery, rocketry, electronic warfare and countermeasures, tactical maneuvering and air support, and directed energy and unmanned aerial systems. `(4) Geothermal leasing, development, and related power production activities. `(5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands located within the boundaries of the Naval Air Weapons Station China Lake, comprising approximately 1,030,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled `Naval Air Weapons Station China Lake Withdrawal--Renewal', dated XX, xx, 2012, and filed in accordance with section 2932 of this title. `Sec. 2955b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Interior- (1) Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2955a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. `(2) To the extent consistent with applicable law and Executive orders, the lands withdrawn by section 2955a of this title may be managed in a manner permitting the following activities: `(A) Grazing. `(B) Protection of wildlife and wildlife habitat. `(C) Preservation of cultural properties. `(D) Control of predatory and other animals. `(E) Recreation and education. `(F) Prevention and appropriate suppression of brush and range fires resulting from non-military activities. `(G) Geothermal leasing and development and related power production activities. `(3) All non-defense-related uses of such lands, including the uses described in paragraph (2), shall be subject to such conditions and restrictions as may be necessary to permit the defense-related use of such lands for the purposes specified in or authorized pursuant to this chapter. `(b) Assignment of Management- (1) The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2955a of this title to the Secretary of the Navy who, if so assigned, shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), the Federal Land Policy and Management Act of 1976, and cooperative management arrangements between the Secretary of the Interior and the Secretary of the Navy. Nothing in this subsection or section 2935 of this title shall affect geothermal leases issued by the Secretary of the Interior before the date of the enactment of this subchapter, or the responsibility of the Secretary of the Interior to administer and manage such leases, consistent with the provisions of this section. `(2) The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity which involves both the lands withdrawn and reserved by section 2955a of this title and any other lands not under the administrative jurisdiction of the Secretary of the Navy. Any such authorization shall be issued only with the consent of the Secretary of the Navy and shall be subject to such conditions as the Secretary of the Navy may prescribe with regard to those lands withdrawn and reserved by section 2955a of this title. `(3) Neither this chapter nor any other provision of law shall be construed to prohibit the Secretary of the Interior from issuing and administering any lease pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and other applicable law for the development and utilization of geothermal steam and associated geothermal resources on the lands withdrawn and reserved by section 2955a of this title, but such a lease may not be issued without the concurrence of the Secretary of the Navy. `(4) This chapter shall not affect the geothermal exploration and development authority of the Secretary of the Navy under section 2917 of this title with respect to the lands withdrawn and reserved by section 2955a, except that the Secretary of the Navy shall obtain the concurrence of the Secretary of the Interior before taking action under section 2917. `(5) Upon the expiration of the withdrawal and reservation or upon the relinquishment of the lands withdrawn and reserved by section 2955a of this title, Navy contracts for the development of geothermal resources at Naval Air Weapons Station China Lake then in effect (as amended or renewed by the Navy after the date of the enactment of this subchapter) shall remain in effect, except that the Secretary of the Interior, with the consent of the Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract. `(6) Any lease made pursuant to section 2935(d) of this title of lands withdrawn and reserved by section 2955a of this title shall require the concurrence of the Secretary of the Navy if the Secretary determines that the proposed lease may interfere with geothermal resources on those lands. `(7) The Secretary of the Navy shall be responsible for the management of wild horses and burros located on the lands withdrawn and reserved by section 2955a of this title and may use helicopters and motorized vehicles for such purpose. Such management shall be conducted in accordance with laws applicable to such management on public lands. The Secretary of the Interior and the Secretary of the Navy shall enter into an agreement for implementation of such management. `(c) Continuation of Existing Agreement- The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date of the enactment of this subchapter pursuant to section 805 of the California Military Lands Withdrawal and Overflights Act of 1994 shall continue in effect until the earlier of-- `(1) the date on which the Secretaries enter into a new agreement; or `(2) the date that is one year after the date of the enactment of this subchapter. `(d) Cooperation in Development of Management Plan- (1) The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land resources and land uses on the lands withdrawn and reserved by section 2955a of this title. `(2) Cooperative arrangements under paragraph (1) shall focus on and apply to sustainable management and protection of the natural and cultural resources and environmental values found on such withdrawn and reserved lands, consistent with the defense-related purposes for which those lands are withdrawn and reserved. `(3) Each cooperative arrangement under paragraph (1) shall include a comprehensive land use management plan which shall integrate and be consistent with all applicable law, including the requirements of title I of the Sikes Act and the Federal Land Policy and Management Act of 1976. Each such management plan shall be reviewed annually and shall be updated, as needed, in response to evolving management requirements and to complement the updates of other applicable land use and resource management and planning. `(e) Implementing Agreement- (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the comprehensive land use management plan developed under subsection (d). `(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. `(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. `Sec. 2955c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `SUBCHAPTER III--LIMESTONE HILLS, MONTANA `Sec. `2957a. Withdrawal and reservation. `2957b. Management of withdrawn and reserved lands. `2957c. Duration of withdrawal and reservation. `2957d. Special rules governing minerals management. `2957e. Grazing. `Sec. 2957a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: `(1) The conduct of training for active and reserve components of the armed forces. `(2) The conduct of training by the Montana Department of Military Affairs; any such use may not interfere with purposes specified in paragraphs (1) and (3). `(3) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. `(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(5) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions; any such use may not interfere with military training activities. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 18,644 acres in Broadwater County, Montana, as generally depicted as `Proposed Land Withdrawal' on the map entitled `Limestone Hills Training Area Land Withdrawal' dated XXXXX , and filed in accordance with section 2932 of this title. `(d) Indian Tribes- Nothing in this subchapter shall be construed as altering any rights reserved for an Indian tribe for tribal use by treaty or Federal law. Subject to section 2933 of this title, the Secretary of the Army shall consult with any Indian tribe in the vicinity of the lands withdrawn and reserved by this section before taking action affecting tribal rights or cultural resources protected by treaty or Federal law. `Sec. 2957b. Management of withdrawn and reserved lands `During the period of the withdrawal and reservation made by this subchapter, the Secretary of the Army shall manage the lands withdrawn and reserved by this subchapter for the purposes specified in section 2957a of this title. `Sec. 2957c. Duration of withdrawal and reservation `(a) Term- The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `(b) Extension of Term- Notwithstanding section 2940 of this title, in accordance with section 2 of the Act of February 28, 1958, Public Law 85-337 (72 STAT. 27), commonly known as the `Engle Act' (43 U.S.C. 156), if an application is filed by the Secretary of the Army in accordance with section 2941 of this title, the Secretary of the Interior may use the authority and procedures under section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to extend the withdrawal and reservation made by this subchapter for an additional term not to exceed 20 years in accordance with that section and other applicable law. `Sec. 2957d. Special rules governing minerals management `(a) Indian Creek Mine- Locatable mineral activities in the approved Indian Creek Mine, plan of operations MTM-78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. Notwithstanding section 2935 of this title, the Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the military uses of such lands. The coordination of such disposition of and exploration for minerals with military uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (d). `(b) Removal of Unexploded Ordnance on Lands To Be Mined- The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn and reserved by this subchapter which are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). `(c) Report on Removal Activities- The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to subsection (b). The report shall include the amounts of funding expended for unexploded ordnance removal on such lands. `(d) Implementation Agreement for Mining Activities- (1) The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: `(A) Procedures that will be used to facilitate day-to-day joint-use of the Limestone Hills Training Area. `(B) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. `(C) Procedures for scheduling of the removal of unexploded ordnance. `(2) The Secretary of the Interior and the Secretary of the Army shall invite Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM-78300, to be a party to the agreement. `Sec. 2957e. Grazing `(a) Issuance and Administration of Permits and Leases- The issuance and administration of grazing permits and leases, including their renewal, on the lands withdrawn and reserved by this subchapter shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. `(b) Safety Requirements- With respect to any grazing permit or lease issued after the date of enactment of this subchapter for lands withdrawn and reserved by this subchapter, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. `(c) Assignment- The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn and reserved by this subchapter. `SUBCHAPTER IV--CHOCOLATE MOUNTAIN, CALIFORNIA `Sec. `2959a. Withdrawal and reservation. `2959b. Management of withdrawn and reserved lands. `2959c. Duration of withdrawal and reservation. `2959d. Access. `Sec. 2959a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (c), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation- The lands withdrawn by subsection (a) are reserved for use by the Secretary of the Navy for the following purposes: `(1) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. `(2) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. `(3) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 228,325 acres in Imperial and Riverside Counties, California, as generally depicted on a map entitled `Chocolate Mountain Aerial Gunnery Range Proposed--Withdrawal', said map originally dated 1987, with revised dating to July 1993, prepared by Department of the Navy, Naval Facilities Engineering Command, identified as WESTDIV Drawing No. C-102370, on file with the Department of the Interior, Bureau of Land Management, California State Office, and filed in accordance with section 2932 of this title. `Sec. 2959b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Interior- Except as provided in subsection (b), during the period of the withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the lands withdrawn and reserved by section 2959a of this title in accordance with this chapter, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable law. `(b) Assignment of Management to the Secretary of the Navy- The Secretary of the Interior may assign the management responsibility, in whole or in part, for the lands withdrawn and reserved by section 2959a of this title to the Secretary of the Navy. If the Secretary of the Navy accepts such assignment, that Secretary shall manage such lands in accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et seq.), and other applicable law. `(c) Implementing Agreement- (1) The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to implement the assignment of management responsibility pursuant to subsection (b). `(2) An agreement under paragraph (1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. `(3) The duration of an agreement under paragraph (1) shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time. `(d) Access Agreement- The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the Chocolate Mountains Aerial Gunnery Range. `Sec. 2959c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039. `Sec. 2959d. Access `Notwithstanding section 2933 of this title, the lands withdrawn and reserved by section 2959a of this title, other than those constituting the Bradshaw Trail, are closed to the public and all uses, other than those authorized by section 2959a(b) of this title or pursuant to section 2934 of this title, shall be subject to such conditions and restrictions as may be necessary to prevent any interference with the uses authorized by section 2959a(b) of this title or pursuant to section 2934 of this title. `SUBCHAPTER V--TWENTYNINE PALMS, CALIFORNIA `Sec. `2961a. Withdrawal and reservation. `2961b. Management of withdrawn and reserved lands. `2961c. Duration of withdrawal and reservation. `Sec. 2961a. Withdrawal and reservation `(a) Withdrawal- Subject to valid existing rights and except as otherwise provided in this subchapter, the public lands and interests in lands described in subsection (d), and all other areas within the boundary of such lands as depicted on the map provided for by section 2932 of this title which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. `(b) Reservation for Secretary of the Navy- The lands withdrawn by subsection (a) constituting the Exclusive Military Use Area are reserved for use by the Secretary of the Navy for the following purposes: `(1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air ground task forces. `(2) Individual and unit live-fire training ranges. `(3) Equipment and tactics development. `(4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs and authorized pursuant to section 2934 of this title. `(c) Reservation for Secretary of the Interior- The lands withdrawn by subsection (a) constituting the Shared Use Area are reserved for use by the Secretary of the Navy for the purposes specified in subsection (b) and for the Secretary of the Interior for the following purposes: `(1) Public recreation when not used for military training and having been determined as suitable for public use. `(2) Natural resources conservation. `(d) Land Description- The public lands and interests in lands referred to in subsection (a) are the Federal lands comprising approximately 154,663 acres in San Bernardino County, California, as generally depicted on a map entitled XXX , dated XXX , and filed in accordance with section 2932 of this title. Such lands are divided into two areas, as follows: `(1) The Exclusive Military Use Area, divided into four areas, consisting of one area to the west of the Marine Corps Air Ground Combat Center of approximately 103,618 acres, one area south of the Marine Corps Air Ground Combat Center of approximately 21,304 acres, and two other areas, each measuring approximately 300 meters square, located inside the boundaries of the Shared Use Area. `(2) The Shared Use Area, consisting of approximately 36,755 acres. `Sec. 2961b. Management of withdrawn and reserved lands `(a) Management by the Secretary of the Navy- During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Navy shall, subject to subsection (b), manage the lands withdrawn and reserved by section 2961a of this title for the purposes specified in such section pursuant to-- `(1) an integrated natural resources management plan prepared and implemented pursuant to title I of the Sikes Act (16 U.S.C. 670 et seq.); `(2) this title; and `(3) a programmatic agreement between the United States Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, training, and construction at the United States Marine Air Ground Task Force Training Command, Marine Corps Air Ground Combat Center, Twentynine Palms, California. `(b) Management by the Secretary of the Interior- (1) During the period of withdrawal and reservation of lands by this subchapter, the Secretary of the Interior shall manage the Shared Use Area except for two 30-day periods each year when such lands are exclusively used by the Secretary of the Navy for military training purposes, during which time the Secretary of the Navy shall manage such lands. `(2) The Secretary of the Interior, during the period of the Secretary's management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(c) of this title in accordance with-- `(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and `(B) any other applicable law and regulations. `(3) The Secretary of the Navy, during the period of the Secretary's management pursuant to paragraph (1), shall manage the Shared Use Area for the purposes specified in section 2961a(b) of this title in accordance with-- `(A) an integrated natural resources management plan prepared and implemented in accordance with title I of the Sikes Act (16 U.S.C. 670a et seq.); `(B) this title; and `(C) the programmatic agreement referred to in subsection (a)(3). `(c) Public Access- (1) Notwithstanding section 2933 of this title, the Exclusive Military Use Area shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. `(2) The Shared Use Area shall be open to public recreational use during the period it is under the management of the Secretary of the Interior, but only after being determined as suitable for public use by the Secretary of the Navy. Any such determination shall not be unreasonably withheld. `(3)(A) The Secretary of the Navy and the Secretary of the Interior, by agreement, shall establish a Resource Management Group comprised of representatives of the Departments of the Interior and Navy. `(B) The Group shall-- `(i) develop and implement a public outreach plan to inform the public of the land uses changes and safety restrictions affecting the withdrawn lands; and `(ii) advise the Secretaries of the Interior and Navy as to all issues associated with the multiple uses of the Shared Use Area. `(C) The Group shall meet at least once a year and shall seek information from relevant California State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the Shared Use Area. `(4) Military training within the Shared Use Area shall not be conditioned on, nor shall such training be precluded by-- `(A) the lack of a Department of the Interior developed and implemented recreation management plan or land use management plan for the Shared Use Area; or `(B) any legal or administrative challenge to any such recreation management plan or land use plan document. `(5) The Shared Use Area shall be managed so as not to compromise the ability of the Department of the Navy to conduct military training in the Area. `(d) Implementation Agreement- The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement the management responsibility relating to the Shared Use Area. The agreement-- `(1) shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision; `(2) shall have a duration which shall be the same as the period of the withdrawal and reservation of lands under this subchapter, but may be amended from time to time; `(3) may provide for the integration of the management plans required of the Secretaries of the Interior and Navy by this chapter; `(4) may provide for delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and `(5) may provide for the Secretaries of the Interior and Navy to share resources in order to most efficiently and effectively manage the Shared Use Area. `(e) Johnson Valley Off-Highway Vehicle Recreation Area- `(1) DESIGNATION- Approximately 45,000 acres (as depicted on the map referred to in section 2961a of this title) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that are not withdrawn and reserved for defense-related uses by this subchapter, together with the Shared Use Area, are hereby designated as the `Johnson Valley Off-Highway Vehicle Recreation Area'. `(2) AUTHORIZED ACTIVITIES- To the extent consistent with applicable Federal law and regulations and this chapter, any authorized recreation activities and use designation in effect on the date of the enactment of this subchapter and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. `(3) ADMINISTRATION- The Secretary of the Interior shall administer the Johnson Valley Off-Highway Vehicle Recreation Area (other than that portion consisting of the Shared Use Area the management of which is addressed elsewhere in this section) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and regulations. `(4) TRANSIT- In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley Off-Highway Vehicle Recreation Area for defense-related purposes supporting military training (including military range management and management of exercise activities) conducted on the lands withdrawn and reserved by this subchapter. `Sec. 2961c. Duration of withdrawal and reservation `The withdrawal and reservation made by this subchapter shall terminate on March 31, 2039.'. (b) Compensation to Broadwater County, Montana- The Secretary of the Army may pay Broadwater County, Montana, a one-time lump sum payment of $1,000,000 to offset the 25-year loss of payments in lieu of taxes provided to the County by the Federal Government for lands withdrawn and reserved by subchapter III of chapter 174 of title 10, United States Code, as added by subsection (a). (c) Termination of Prior Withdrawals- The withdrawal and reservation contained in section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 is hereby terminated. Notwithstanding such termination, all rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Interior or a Secretary concerned with respect to the lands withdrawn and reserved under such section, unless inconsistent with the provisions of chapter 174 of title 10, United States Code, as added by subsection (a), shall remain in force until modified, suspended, overruled, or otherwise changed by that Secretary, by a court of competent jurisdiction, or by operation of law. (d) Clerical Amendment- The table of chapters at the beginning of subtitle A of such title and at the beginning of part IV of such subtitle are each amended by inserting after the item relating to chapter 173 the following new item: 2931'.
S.1308 Jul-16-13
STATUS: July 16, 2013.--Introduced. S.1308 Energy Savings Through Public-Private Partnerships Act of 2013 (Introduced in Senate - IS) S 1308 IS 113th CONGRESS1st SessionS. 1308 To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. COONS introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. 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 `Energy Savings Through Public-Private Partnerships Act of 2013'. SEC. 2. FINDINGS. Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FEDERAL BUILDINGS. (a) Implementation of Identified Energy Efficiency Measures- Section 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended to read as follows: `(4) IMPLEMENTATION OF IDENTIFIED ENERGY EFFICIENCY MEASURES- `(A) IN GENERAL- Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider-- `(i) implementing any energy-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and `(ii) bundling individual measures of varying paybacks together into combined projects. `(B) MEASURES NOT IMPLEMENTED- The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A).'. (b) Annual Contracting Goal- Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended-- (1) by striking `Each Federal agency' and inserting the following: `(i) IN GENERAL- Each Federal agency'; and (2) by adding at the end the following new clauses: `(ii) TRACKING- Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public Web site of the Department of Energy. `(iii) CONSIDERATION- Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy-saving or conservation measures pursuant to paragraph (4). `(iv) CONTRACTING GOAL- It shall be the goal of the Federal Government, in the implementation of energy-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. `(v) REPORT TO CONGRESS- Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal.'.
S.1305 Jul-16-13
STATUS: July 16, 2013.--Introduced. S.1305 Lake Hill Administrative Site Affordable Housing Act (Introduced in Senate - IS) S 1305 IS 113th CONGRESS1st SessionS. 1305 To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the conveyance of the Forest Service Lake Hill Administrative Site in Summit County, Colorado. 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 `Lake Hill Administrative Site Affordable Housing Act'. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Summit County, Colorado. (2) LAKE HILL ADMINISTRATIVE SITE- The term `Lake Hill Administrative Site' means the parcel of approximately 40 acres of National Forest System land in the County, as depicted on the map entitled `Lake Hill Administrative Site' and dated June 2012. (3) SECRETARY- The term `Secretary' means the Secretary of Agriculture. SEC. 3. CONVEYANCE OF FOREST SERVICE LAKE HILL ADMINISTRATIVE SITE, SUMMIT COUNTY, COLORADO. (a) Conveyance Authority- Upon receipt of an offer from the County in which the County agrees to the condition imposed by subsection (c), the Secretary shall use the authority provided by the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note) to convey to the County all right, title, and interest of the United States in and to the Forest Service Lake Hill Administrative Site. (b) Application of Law- (1) TREATMENT AS ADMINISTRATIVE SITE- The Lake Hill Administrative Site is considered to be an administrative site under section 502(1)(A) of the Forest Service Facility Realignment and Enhancement Act of 2005 (Public Law 109-54; 16 U.S.C. 580d note). (2) EXCEPTION- Section 502(1)(C) of that Act does not apply to the conveyance of the Lake Hill Administrative Site. (c) Costs- The County shall be responsible for processing and transaction costs related to the direct sale under subsection (a).
S.1301 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 30, 2013.--Hearing by Subcommittee (25) December 19, 2013.--Ordered to be reported with an amendment in the nature of a substitute favorably. June 2, 2014.--Reported with an amendment in the nature of a substitute. S. Rept.No. 113-180. June 2, 2014.--Placed on Senate Legislative Calendar [Calendar No. 407]. S.1301 Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013 (Introduced in Senate - IS) S 1301 IS 113th CONGRESS1st SessionS. 1301 To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon. 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 `Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to conserve and restore the eastside National Forests of the State; (2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies in the communities of the eastside National Forests of the State; (3) to make the eastside National Forests of the State more resistant and resilient to, and to mitigate the effects of, climate change; (4) to protect, restore, and increase old-growth forest stands and trees in the eastside National Forests of the State; (5) to promote collaboration in the communities of the eastside National Forests of the State to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies; (6) to prioritize, strategically target, and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside National Forests of the State; and (7) to provide the Secretary, collaborative groups, and the public with independent scientific advice for restoring forest health and watershed health in the eastside National Forests of the State. SEC. 3. DEFINITIONS. In this Act: (1) ADVISORY PANEL- The term `advisory panel' means the Eastside Forest Scientific and Technical Advisory Panel established under section 6(a). (2) COLLABORATIVE GROUP- The term `collaborative group' means a group of individuals that meets the requirements of section 8(a)(2). (3) COVERED AREA- The term `covered area' means the area selected by the Secretary under section 4(a)(1) that is-- (A) within the State; and (B) not within the area covered by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994. (4) DECISION NOTICE- The term `Decision Notice' means the decision notice entitled `Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales, United States Forest Service Region 6, Colville, Deschutes, Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema National Forests in Oregon and Washington' and approved by the Pacific Northwest Regional Forester on June 6, 1995. (5) EMERGENCY CONDITION- The term `emergency condition' means a condition-- (A) that results in an-- (i) imminent risk to life or property; or (ii) immediate impairment of the public use and enjoyment of a trail, road, highway, public facility, or public land; and (B) with respect to subparagraph (A)(ii), the urgency to address the emergency of which outweighs the benefits of full notice and comment. (6) FOREST HEALTH- The term `forest health' means conditions that enable forested land-- (A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while-- (i) supporting ecosystem services and populations of native species; and (ii) allowing for natural disturbances; (B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers-- (i) historic variability; and (ii) anticipated future conditions; and (C) to be resistant and resilient to uncharacteristic events. (7) FOREST STAND- The term `forest stand' means a contiguous group of trees that are sufficiently uniform in age-class distribution, composition, and structure and that are growing on a site of sufficiently uniform quality to be a distinguishable unit. (8) INITIATIVE- The term `Initiative' means an initiative established by the Secretary-- (A) to restore and improve the ecological structure, composition, and function and the natural processes of watersheds within the National Forest System; (B) to preserve and create local jobs in rural communities that are located in or near National Forest System land; (C) to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of National Forest System land; (D) to promote cooperation and collaboration in the management of National Forest System land; (E) to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration, hazardous fuel reduction, and other vegetation management projects; (F) to collect information from the projects carried out under this Act in an effort to better understand the manner in which to improve forest restoration and management activities; (G) that includes all National Forest System land within the covered area; and (H) under which not more than 15 National Forests may be selected to participate. (9) INVENTORIED ROADLESS AREA- The term `inventoried roadless area' means 1 of the areas identified in the set of inventoried roadless area maps contained in the Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000. (10) NATIONAL FOREST SYSTEM- The term `National Forest System' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (11) PILOT LANDSCAPE- The term `pilot landscape' means a National Forest entirely within the covered area on which a project is being carried out under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) as of January 1, 2013. (12) PLANT ASSOCIATION- (A) IN GENERAL- The term `plant association' means a description of a plant community that-- (i) would potentially, in the absence of a disturbance, occupy a site; and (ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity. (B) INCLUSION- The term `plant association' includes, with respect to a forested site, species representing tree, shrub, and herbaceous layers. (13) SECRETARY- The term `Secretary' means the Secretary of Agriculture (acting through the Chief of the Forest Service). (14) STATE- The term `State' means the State of Oregon. (15) UNCHARACTERISTIC- The term `uncharacteristic' means a wildfire, insect, or pathogen outbreak or level of forest fuel, the severity, size, frequency, or quantity of which exceeds the historic range of variability. (16) WATERSHED AREA- The term `watershed area' means 1 or more subwatersheds (also known as 6th code hydrologic units). (17) WATERSHED HEALTH- The term `watershed health' means landscape conditions that enable riparian and aquatic ecosystems-- (A) to capture, store, and release water, sediment, wood, and nutrients; (B) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph (A); and (C) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species. SEC. 4. LAND MANAGEMENT. (a) Application of the Initiative to the Covered Area- (1) IN GENERAL- Not later than 60 days after the date of enactment of this Act, the Secretary shall select all or part of 1 or more National Forests in the State as part of the Initiative. (2) TERM- The selection under paragraph (1) shall be for a period of 15 years. (3) EFFECT- The provisions of this Act shall apply to the covered area. (b) Land Management Goals- (1) IN GENERAL- In the covered area, the Secretary shall, considering the best available science, seek-- (A) to conserve and restore forest health, watershed health, and other ecosystems; (B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances; (C) to allow for characteristic natural disturbances; and (D) to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C). (2) FOREST MANAGEMENT- To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities-- (A) to reduce the basal area in overstocked forest stands; (B) to increase the mean diameter of forest stands; (C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species; (D) to restore historic levels of within-forest stand spatial heterogeneity; (E) to conserve and restore old growth; (F) to conserve and restore population levels of older trees; (G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations; (H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health; (I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments); (J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape); (K) to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment, except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site; (L) to restore or maintain ecologically appropriate understory plant community composition and condition, including-- (i) by restoring and maintaining native ground cover; and (ii) by reducing the impacts of, and potential for, exotic and other invasive species; and (M) to increase stakeholder participation through collaborative groups. (c) Planning- To help to achieve the goals described in subsection (b), the Secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area. (d) Performance Goals- (1) IN GENERAL- Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance goals, in addition to the goals that are established by subsection (b), that the Secretary shall seek to achieve consistent with the purposes of this Act and the goals and opportunities described in subsection (b) for the covered area. (2) TERM- Subject to paragraph (3), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years. (3) ADDITIONS- The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2). (4) PRIORITIZATION- Subject to the limitations described in section 12(c), the Secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection. (5) RESTORATION GOALS- (A) IN GENERAL- Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (b), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement-- (i) projects that-- (I) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and (II) are conducted on-- (aa) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres; (bb) for the subsequent fiscal year, not less than 80,000 acres; and (cc) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 7, not less than 100,000 acres; and (ii) for each fiscal year after the fiscal year specified in subparagraph clause (i)(II)(cc), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres. (B) ANNUAL GOALS- (i) IN GENERAL- Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 8 and each fiscal year thereafter until the date on which the Initiative is completed, the Secretary may, subject to clause (ii), set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b). (ii) CONSIDERATIONS- In setting goals under clause (i), the Secretary shall consider-- (I) any specific recommendations of the advisory panel relating to acreage treatment needs; and (II) advice provided by a collaborative group relating to acreage treatment needs. (C) PRIORITY FOR RESTORATION GOALS- In seeking to meet the restoration goals established under subparagraph (A) or (B), the Secretary shall prioritize for treatment-- (i) any area located on a pilot landscape; and (ii) any area that has opportunities for reduced planning and implementation costs because of-- (I) opportunities to work with a collaborative group on the project; or (II) opportunities to use non-Federal resources to complete the project. (e) Prohibitions on Removal of Certain Trees- (1) OLDER TREES- Except as provided in paragraph (2), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area that is 150 years of age or older measured at breast height. (2) ADMINISTRATIVE EXCEPTIONS- (A) IN GENERAL- The prohibition described in paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative, public, or special use. (B) NOTICE REQUIREMENT- The Secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition. (C) APPLICATION OF DECISION NOTICE- (i) IN GENERAL- Subject to clause (ii), if the Secretary, after considering the recommendations of the relevant collaborative group or the recommendations report issued under section 6(d), determines that the prohibition in paragraph (1) is infeasible to implement for a specific vegetation management project, the Secretary shall apply the Decision Notice with respect to the specific vegetation management project. (ii) REQUIREMENT- In applying the Decision Notice to a specific vegetation management project under clause (i), the Secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than 21 inches in diameter at breast height that are younger than 150 years old at breast height, the cutting or removal of which is necessary to meet the land management goals described in subsection (b)(1). (f) Limitations on Road Construction- In carrying out any vegetation management project in the covered area, the Secretary shall-- (1) not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and (2) by the earlier of the date on which the vegetation management project is completed or the date that is 1 year after the activities for which the road was constructed are complete, decommission any temporary road constructed to carry out the vegetation management project by-- (A) reestablishing vegetation on the road; and (B) restoring any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road, including by removing or hydrologically disconnecting the road prism. SEC. 5. WATERSHED MANAGEMENT. (a) Aquatic and Riparian Resources Management- (1) IN GENERAL- Within the covered area, each vegetation management project in an area delineated under subsection (b) shall protect and restore the aquatic and riparian-dependent resources of the delineated area. (2) EFFECTS- A project described in paragraph (1) may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term. (b) Delineation of Areas- (1) FISH-BEARING STREAMS- The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the 100-year floodplain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 2 site-potential trees; and (E) a slope distance of not less than 300 feet. (2) PERMANENTLY FLOWING NON-FISHBEARING STREAMS- The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the 100-year flood plain; (C) the outer edges of riparian vegetation; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of not less than 150 feet. (3) PONDS, LAKES, RESERVOIRS, AND WETLANDS LARGER THAN 1 ACRE- The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include-- (A) the outer edges of the riparian vegetation; (B) the extent of the seasonally saturated soil; (C) the extent of moderately and highly unstable areas; (D) a distance equal to the height of 1 site-potential tree; and (E) a slope distance of-- (i) if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (4) INTERMITTENT STREAMS, WETLANDS LESS THAN 1 ACRE, LANDSLIDES, AND LANDSLIDE-PRONE AREAS- The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include-- (A) the top of the inner gorge; (B) the outer edges of the riparian vegetation; (C) a distance equal to the height of 1 site-potential tree; and (D) a slope distance of-- (i) if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or (ii) not less than 50 feet. (c) Aquatic and Riparian Protection- (1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area. (2) MODIFICATIONS- The Secretary may modify the aquatic and riparian protection requirements described in paragraph (1) if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements. SEC. 6. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL. (a) In General- Not later than 90 days after the date on which the Secretary selects the covered area, the Secretary shall establish an advisory panel-- (1) to be known as the `Eastside Forest Scientific and Technical Advisory Panel'; and (2) to advise the Secretary, collaborative groups, and the public regarding the development and implementation of-- (A) goals to improve forest health, watershed health, and related social and economic goals in the covered area; and (B) projects needed to accomplish the purposes of this Act. (b) Composition- The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following: (1) Silviculture. (2) Timber economics. (3) Road and logging engineering. (4) Soil science and geology. (5) Ecosystem services or natural resources economics. (6) Community economics or ecosystem workforce development. (7) Forest ecology. (8) Aquatic and riparian ecology. (9) Wildlife ecology. (10) Fish Ecology. (11) Ecological restoration. (12) Invasive species control and eradication. (13) Wildland fire. (14) Hydrology. (15) Forest carbon life-cycle and sequestration. (16) Social science. (c) Appointments- The Secretary shall-- (1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and (2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), professional societies, and other interested organizations and persons. (d) Duties- (1) RECOMMENDATIONS REPORT- (A) IN GENERAL- Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, after considering the best available science and information, shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the purposes and goals and consider the opportunities described in section 4(b). (B) REQUIREMENTS- The report shall provide recommendations based on the best available science-- (i) for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 4(b); (ii) for increasing local capacity to accomplish the goals and consider the opportunities described in section 4(b); (iii) for hydrologically and ecologically restoring land and water by-- (I) decommissioning unnecessary and undesirable roads; and (II) reducing the environmental impact of necessary and desirable roads; and (iv) for each relevant plant association group-- (I) for protecting and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; (II) for the types of activities necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire, and other appropriate activities); (III) for cases in which the cutting or removal of trees described in section 4(e)(1) would generally be considered to be ecologically appropriate; and (IV) for cases in which the cutting or removal of trees described in section 4(e)(2)(C) would generally be considered to be ecologically appropriate. (C) ADMINISTRATION- (i) IN GENERAL- To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report. (ii) INCLUSION OF DISSENTING OPINIONS- If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report, the report shall include each dissenting opinion relating to the recommendation. (2) REVIEW REPORT- Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing-- (A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and (B) an assessment of the implementation of the recommendations made under paragraph (1). SEC. 7. ECOLOGICAL RESTORATION PROJECTS. (a) In General- As soon as practicable after the date on which the Secretary selects the covered area, the Secretary shall, considering the opportunities described in section 4(b)(2), implement ecological restoration projects in the covered area to further the goals described in section 4(b). (b) Landscape-Scale Projects- Subject to the availability of appropriations in accordance with section 12, the Secretary shall, to the maximum extent practicable, implement 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area not later than 3 years after the date on which the Secretary selects the covered area. (c) Requirements- In developing and implementing ecological restoration projects under this section, the Secretary shall consider-- (1) the best available science and data; (2) the recommendations of the advisory panel; and (3) the views of the relevant collaborative groups. (d) Net Road Reduction- In developing ecological restoration projects under this Act, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable. (e) Prioritization- (1) IN GENERAL- The Secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection (c) and based on the degree to which the ecological restoration projects would improve forest health and watershed health, based on-- (A) dry and moist forest plant association groups; and (B) the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section 4(b). (2) INCLUSIONS- In carrying out this section, the types of projects the Secretary shall consider to be priority projects include projects that-- (A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including-- (i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and (ii) valuable forest structures (including old growth and older mature trees); (B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability; (C) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by-- (i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and (ii) retaining biological legacies (including large standing, downed, live, and dead trees); (D) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); (E) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects; (F) meet local and rural community needs through a source that is selected on a best-value basis; and (G) reduce the permanent road system to improve forest health and watershed health. SEC. 8. COLLABORATION. (a) Collaborative Groups- (1) IN GENERAL- To assist in the development of the projects needed to accomplish the purposes of this Act in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in paragraph (2). (2) COLLABORATIVE GROUPS- A collaborative group under paragraph (1) means a group that-- (A) is interested in the implementation of this Act; (B) includes multiple individuals representing diverse interests that include-- (i) environmental organizations; (ii) timber and forest products industry representatives; and (iii) county governments; (C) operates-- (i) in a transparent and nonexclusive manner; and (ii) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and (D) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision. (b) Multiparty Monitoring- The Secretary, in consultation with the relevant collaborative groups, may develop a multiparty monitoring plan for any vegetation management project carried out under this Act. SEC. 9. LARGE SCALE ENVIRONMENTAL IMPACT STATEMENT. (a) Congressional Finding- Congress finds that it is expected that the environmental impact statement described in subsection (b) would be adequate to support the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects implemented under this section, as documented in subsequent agency decision documents. (b) Requirements- The Secretary shall prepare a large scale environmental impact statement that is adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support a record of decision for vegetation management projects under this section in National Forests in the eastern part of the State for projects-- (1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types; (2) that are located on a pilot landscape; (3) that are endorsed by or the product of a collaborative group; and (4) no portion of which are located in an inventoried roadless area. (c) Completion Date- The Secretary shall complete the record of decision for the large scale environmental impact statement under subsection (b) not later than 1 year after the date of enactment of this Act. (d) Timeliness- Any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than 120 days after the record of decision is signed by the Secretary. SEC. 10. COOPERATIVE PARTNERSHIP. (a) Forest Planning- Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law 104-134) is amended by inserting after `may include' the following: `expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013) and'. (b) Cooperative Forest Innovation Partnership Projects- Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is amended by adding at the end the following: `(d) Regulations- Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act. `(e) Cooperation With State Governments- `(1) IN GENERAL- Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall carry out a project to support the ability of the Department of Agriculture to address the restoration of forests in cooperation with States. `(2) ELIGIBLE AREAS- A project under paragraph (1) may be carried out on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013). `(3) FUNDING- The Secretary shall use not more than 5 percent of the funds for the `Forest Health-Federal Lands' budget line item made available under the State and Private Forestry appropriation to pay not more than 50 percent of the total cost of carrying out a project under paragraph (1).'. SEC. 11. ADMINISTRATION. (a) Effect- Nothing in this Act affects-- (1) any right described in a treaty between an Indian tribe and the United States; or (2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans. (b) No Retroactive Effect During Transition- (1) VEGETATION MANAGEMENT PROJECTS- The provisions of this Act shall not apply to a vegetation management project that is-- (A) initiated, either through a scoping notice or a notice of intent, more than 180 days before the date on which the Secretary selects the covered area under section 4(a)(1); or (B) approved or under contract before the date on which the Secretary selects the covered area under section 4(a)(1). (2) RECOMMENDATIONS REPORT- The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed. (3) FOREST PLANS- The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan. (c) Applicable Law- The Secretary shall carry out this Act in accordance with applicable law (including regulations). (d) Principal Agency Contact- (1) SELECTION- The Secretary shall select a principal agency contact for the implementation of this Act. (2) DUTIES- The principal agency contact shall-- (A) serve as the point-of-contact for the advisory panel; and (B) facilitate communications among-- (i) the advisory panel; (ii) collaborative groups; (iii) employees of the Forest Service; and (iv) any other stakeholders (including the public). (e) Reporting- (1) IN GENERAL- The Secretary shall prepare a report on the implementation of this Act-- (A) not later than 5 years after the date on which the Secretary selects the covered area; and (B) 2 years before the date referred to in subsection (e)(1). (2) CONTENTS- The reports required under paragraph (1) shall, for each National Forest in the covered area, assess the progress toward accomplishing-- (A) the purposes of this Act; and (B) the performance goals established under section 4(d). (f) Termination of Authority- (1) IN GENERAL- The authorities under this Act (other than the authorities under sections 4(e) and 5(c)) shall terminate on the date that is 15 years after the date of enactment of this Act. (2) EFFECT- Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General- Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended. (b) Use- Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this Act. (c) Limitation- Amounts expended to carry out provisions of this Act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the Secretary for use in-- (1) other National Forests not included in the covered area; (2) other States; or (3) other Regions of the Forest Service.
S.1300 Jul-16-13
STATUS: July 16, 2013.--Introduced. July 18, 2013.--Mr. Baucus added as cosponsor. July 30, 2013.--Hearing by subcommittee. (25) August 1, 2013.--Mr. Barrasso added as cosponsor. September 9, 2013.--Mr. Heinrich added as cosponsor. September 19, 2013.--Mr. Enzi added as cosponsor. September 24, 2013.--Mr. Tester added as cosponsor. October 7, 2013.--Mr. Udall of New Mexico added as cosponsor. December 19, 2013.--Ordered to be reported with amendments favorably. June 2, 2014.--Reported with amendments. S.Rpt. 113-179. June 2, 2014.--Placed on Senate Legislative Calendar [Calendar No. 406.] S.1300 Stewardship Contracting Reauthorization and Improvement Act (Introduced in Senate - IS) S 1300 IS 113th CONGRESS1st SessionS. 1300 To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. IN THE SENATE OF THE UNITED STATESJuly 16 (legislative day, July 15), 2013 Mr. FLAKE (for himself, Mr. MCCAIN, Mr. CRAPO, Mr. RISCH, and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Healthy Forests Restoration Act of 2003 to provide for the conduct of stewardship end result contracting projects. 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 `Stewardship Contracting Reauthorization and Improvement Act'. SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS. (a) In General- Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591) is amended by adding at the end the following: `SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS. `(a) Definitions- In this section: `(1) CHIEF- The term `Chief' means the Chief of the Forest Service. `(2) DIRECTOR- The term `Director' means the Director of the Bureau of Land Management. `(b) Projects- Until September 30, 2023, the Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. `(c) Land Management Goals- The land management goals of a project under subsection (b) may include-- `(1) road and trail maintenance or obliteration to restore or maintain water quality; `(2) soil productivity, habitat for wildlife and fisheries, or other resource values; `(3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; `(4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; `(5) watershed restoration and maintenance; `(6) restoration and maintenance of wildlife and fish; or `(7) control of noxious and exotic weeds and reestablishing native plant species. `(d) Agreements or Contracts- `(1) PROCUREMENT PROCEDURE- A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. `(2) CONTRACT FOR SALE OF PROPERTY- A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. `(3) TERM- `(A) IN GENERAL- Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. `(B) MAXIMUM- The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. `(4) OFFSETS- `(A) IN GENERAL- The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). `(B) METHODS OF APPRAISAL- The value of timber or other forest products used as an offset under subparagraph (A)-- `(i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and `(ii) may-- `(I) be determined using a unit of measure appropriate to the contracts; and `(II) may include valuing products on a per-acre basis. `(5) CANCELLATION CEILINGS- `(A) IN GENERAL- The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. `(B) NOTICE- `(i) SUBMISSION TO CONGRESS- Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes-- `(I)(aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and `(bb) the reasons for the cancellation ceiling amounts proposed under item (aa); `(II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and `(III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. `(ii) TRANSMITTAL TO OMB- At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). `(6) RELATION TO OTHER LAWS- Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement or contract under subsection (b). `(7) CONTRACTING OFFICER- Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). `(8) FIRE LIABILITY PROVISIONS- Not later than 90 days after the date of enactment of this section, the Chief and the Director shall issue for use in all contracts and agreements under subsection (b) fire liability provisions that are in substantially the same form as the fire liability provisions contained in-- `(A) integrated resource timber contracts, as described in the Forest Service contract numbered 2400-13, part H, section H.4; and `(B) timber sale contracts conducted pursuant to section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). `(e) Receipts- `(1) IN GENERAL- The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. `(2) USE- Monies from an agreement or contract under subsection (b)-- `(A) may be retained by the Chief and the Director; and `(B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. `(3) RELATION TO OTHER LAWS- `(A) IN GENERAL- Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. `(B) KNUTSON-VANDERBERG ACT- The Act of June 9, 1930 (commonly known as the `Knutson-Vanderberg Act') (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). `(f) Costs of Removal- Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under-- `(1) the Act of August 11, 1916 (16 U.S.C. 490); and `(2) the Act of June 30, 1914 (16 U.S.C. 498). `(g) Performance and Payment Guarantees- `(1) IN GENERAL- The Chief and the Director may require performance and payment bonds under sections 28.103-2 and 28.103-3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). `(2) EXCESS OFFSET VALUE- If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director shall-- `(A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or `(B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. `(h) Monitoring and Evaluation- `(1) IN GENERAL- The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. `(2) PARTICIPANTS- Other than the Chief and Director, participants in the process described in paragraph (1) may include-- `(A) any cooperating governmental agencies, including tribal governments; and `(B) any other interested groups or individuals. `(i) Reporting- Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives on-- `(1) the status of development, execution, and administration of agreements or contracts under subsection (b); `(2) the specific accomplishments that have resulted; and `(3) the role of local communities in the development of agreements or contract plans.'. (b) Offset- To the extent necessary, the Chief and the Director shall offset any direct spending authorized under section 602 of the Healthy Forests Restoration Act of 2003 (as added by subsection (a)) using any additional amounts that may be made available to the Chief or the Director for the applicable fiscal year. (c) Conforming Amendment- Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277) is repealed.
S.1273 Jul-10-13
STATUS: July 10, 2013.--Introduced. July 23, 2013.--Committee Hearing held. S.1273 FAIR Act of 2013 (Introduced in Senate - IS) S 1273 IS 113th CONGRESS1st SessionS. 1273 To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. IN THE SENATE OF THE UNITED STATESJuly 10, 2013 Ms. MURKOWSKI (for herself, Ms. LANDRIEU, Mr. BEGICH, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. 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 `Fixing America's Inequities with Revenues Act of 2013' or the `FAIR Act of 2013'. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: `SEC. 9. DISPOSITION OF REVENUES. `(a) Definitions- In this section: `(1) ALTERNATIVE AND RENEWABLE ENERGY- The term `alternative and renewable energy' means energy derived from a wind, solar, or ocean (including tidal, wave, and current) source. `(2) COASTAL POLITICAL SUBDIVISION- The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- `(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and `(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. `(3) COASTAL STATE- `(A) IN GENERAL- The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf region adjacent to the State. `(B) EXCLUSION- The term `coastal State' does not include a coastal State, the majority of the coastline of which is subject to a leasing moratorium. `(4) DISTANCE- The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. `(5) LEASED TRACT- The term `leased tract' means a tract or other area leased or made available for the exploration, development, or production of oil, natural gas, or alternative or renewable energy. `(6) LEASING MORATORIUM- The term `leasing moratorium' means any State or Federal prohibition on the development of oil, natural gas, and alternative and renewable energy sources, including preleasing, leasing, and related activities, on the outer Continental Shelf. `(7) OUTER CONTINENTAL SHELF REGION- The term `outer Continental Shelf region' means-- `(A) the Alaska outer Continental Shelf region; `(B) the North Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(C) the Mid-Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(D) the South Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); `(E) the Gulf of Mexico outer Continental Shelf region; or `(F) the Pacific outer Continental Shelf region. `(8) SECRETARY- The term `Secretary' means the Secretary of the Interior. `(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources- `(1) IN GENERAL- Subject to the other provisions of this section, for fiscal year 2014 and each subsequent fiscal year-- `(A) the Secretary of the Interior shall deposit in a special account in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from the development of oil, natural gas, and alternative and renewable energy on the outer Continental Shelf; and `(B) the Secretary shall, in accordance with subsection (b), disburse-- `(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and `(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. `(2) EXCLUSIONS- The revenues described in paragraph (1) do not include-- `(A) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(B) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(C) revenues generated from leases-- `(i) subject to-- `(I) section 8(g); `(II) section 8(p)(2)(B); or `(III) the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432); or `(ii) in the Gulf of Mexico before the date of enactment of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(3) ALLOCATION AMONG COASTAL STATES AND COASTAL POLITICAL SUBDIVISIONS- `(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, the amount made available under paragraph (1) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. `(B) LIMITATION- The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State and within the outer Continental Shelf region of the coastal State. `(C) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS- `(i) IN GENERAL- The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under subparagraph (A), to the coastal political subdivisions of the coastal State. `(ii) ALLOCATION- The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4). `(iii) EXCEPTION FOR THE STATE OF ALASKA- For purposes of carrying out this subparagraph in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- `(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and `(II) 10 percent shall be divided equally among each county-equivalent subdivision of the State of Alaska, all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), that-- `(aa) is more than 200 nautical miles from the geographic center of a leased tract; and `(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers.'. SEC. 3. REVENUE SHARING FOR CERTAIN ONSHORE ENERGY SOURCES. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: `(d) Revenue Sharing for Certain Onshore Energy Sources- The Secretary of the Interior shall disburse 50 percent of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative or renewable onshore energy sources to the State within the boundaries of which the energy source is located.'. SEC. 4. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking subparagraphs (A) and (B) inserting the following: `(A) IN GENERAL- The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2013, from leases entered into on or after the date of enactment of Public Law 109-432 for the portions of the Western Gulf of Mexico planning area, the Central Gulf of Mexico planning area, and the Eastern Gulf of Mexico planning area not subject to a leasing moratorium under section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). `(B) EXCLUSIONS- The term `qualified outer Continental Shelf revenues' does not include-- `(i) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OCEAN ENERGY MANAGEMENT' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); `(ii) the qualified outer Continental Shelf revenues described in the third proviso under the heading `OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT' under the heading `Bureau of Safety and Environmental Enforcement' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 995); `(iii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or `(iv) revenues generated from leases subject to subsection (g) or (p)(2)(B) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337).'. (b) Disposition of Qualified Outer Continental Shelf Revenues- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking `shall deposit' and all that follows through the period at the end of paragraph (2)(B) and inserting the following: `shall deposit-- `(1) in a special account in the Treasury-- `(A) 37.5 percent of qualified outer Continental Shelf revenues, which the Secretary shall disburse to Gulf producing States in accordance with subsection (b); and `(B) $62,500,000, which the Secretary shall disburse to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 4601-5); and `(2) the remainder of qualified outer Continental Shelf revenues in the general fund of the Treasury.'; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking `(1) ALLOCATION' and all that follows through `subsection (a)(2)(A)' in subparagraph (A) and inserting the following: `(1) ALLOCATION AMONG GULF PRODUCING STATES- `(A) IN GENERAL- Effective beginning in fiscal year 2014, the amount made available under subsection (a)(1)(A)'; (ii) in subparagraph (A)-- (I) by inserting `each historical lease site and the geographic center of the historical lease site, as determined by the Secretary' after `closest to the geographic center of'; and (II) by striking `the applicable leased tract and the geographic center of the leased tract'; and (iii) by striking subparagraph (B); (B) in paragraph (2), by striking `(2)' and all that follows through `(C) HISTORICAL LEASE SITES' and inserting `(B) HISTORICAL LEASE SITES'; (C) in paragraph (1)(B)(i) (as so redesignated)-- (i) by striking `subparagraph (A)(ii)' and inserting `subparagraph (A)'; and (ii) by striking `December 31, 2015' and inserting `December 31, 2012'; (D) by redesignating paragraph (3) as paragraph (2); and (E) in paragraph (2) (as so redesignated), in subparagraph (A), by striking `paragraphs (1) and (2)' and inserting `paragraph (1)'; and (3) by striking subsection (f) and inserting the following: `(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues- `(1) DISTRIBUTION TO GULF PRODUCING STATES- `(A) IN GENERAL- Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues distributed under subsection (a)(1)(A) shall not exceed $500,000,000 for fiscal year 2014. `(B) CAP INCREASE FOR GULF PRODUCING STATES- In the case of the qualified outer Continental Shelf revenues distributed to Gulf producing States under subsection (a)(1)(A), the cap on amounts specified in subparagraph (A) shall be for-- `(i) fiscal year 2015, $600,000,000; and `(ii) each of fiscal years 2016 through 2024, the applicable amount for the previous fiscal year increased by $100,000,000. `(C) SUBSEQUENT FISCAL YEARS- For fiscal year 2025 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(1)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). `(2) PRO RATA REDUCTIONS- If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(1)(A)-- `(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and `(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.'. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2013.
S.1268 Jun-27-13
STATUS: June 27, 2013.--Introduced. July 11, 2013.--Committee Hearing held. (18) S.1268 To approve an agreement between the United States and the Republic of Palau. (Introduced in Senate - IS) S 1268 IS 113th CONGRESS1st SessionS. 1268 To approve an agreement between the United States and the Republic of Palau. IN THE SENATE OF THE UNITED STATESJune 27, 2013 Mr. WYDEN (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To approve an agreement between the United States and the Republic of Palau. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE REPUBLIC OF PALAU. (a) Definitions- In this section: (1) AGREEMENT- The term `Agreement' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) COMPACT OF FREE ASSOCIATION- The term `Compact of Free Association' means the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658). (b) Results of Compact Review- (1) IN GENERAL- Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: `SEC. 105. RESULTS OF COMPACT REVIEW. `(a) In General- The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (referred to in this section as the `Compact of Free Association'), are approved-- `(1) except for the extension of article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to article II of title II and section 232 of the Compact of Free Association; and `(2) subject to the provisions of this section. `(b) Withholding of Funds- If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact of Free Association in any of fiscal years 2011, 2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of those fiscal years. `(c) Funding for Certain Provisions Under Section 105 of Compact of Free Association- Within 30 days of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall remain available until expended without any further appropriation. `(d) Authorizations of Appropriations- There are authorized to be appropriated-- `(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014 through 2024, to remain available until expended; and `(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association (including the successor of each Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact of Free Association such sums as are necessary, to remain available until expended.'. (2) OFFSET- Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding- (1) COMPACT SECTION 211(f) FUND- Section 1 of the Agreement shall be construed as though the section reads as follows: `SECTION 1. COMPACT SECTION 211(f) FUND. `The Government of the United States of America (the `Government of the United States') shall contribute $30,250,000 to the Fund referred to in section 211(f) of the Compact in accordance with the following schedule-- `(1) $11,000,000 in fiscal year 2014; `(2) $3,000,000 in each of fiscal years 2015 through 2017; `(3) $2,000,000 in each of fiscal years 2018 through 2022; and `(4) $250,000 in fiscal year 2023.'. (2) INFRASTRUCTURE MAINTENANCE FUND- Subsection (a) of section 2 of the Agreement shall be construed as though the subsection reads as follows: `(a) The Government of the United States shall provide a grant of $6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from the beginning of fiscal year 2015 through fiscal year 2024 to create a trust fund (the `Infrastructure Maintenance Fund') to be used for the routine and periodic maintenance of major capital improvement projects financed by funds provided by the United States. The Government of the Republic of Palau will match the contributions made by the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014 through fiscal year 2024. Implementation of this subsection shall be carried out in accordance with the provisions of Appendix A to this Agreement.'. (3) FISCAL CONSOLIDATION FUND- Section 3 of the Agreement shall be construed as though the section reads as follows: `SEC. 3. FISCAL CONSOLIDATION FUND. `The Government of the United States shall provide the Government of Palau $10,000,000 in fiscal year 2014 for deposit in an interest bearing account to be used to reduce government arrears of Palau. Implementation of this section shall be carried out in accordance with the provisions of Appendix B to this Agreement.'. (4) DIRECT ECONOMIC ASSISTANCE- Subsection (a) of section 4 of the Agreement shall be construed as though the subsection reads as follows: `(a) In addition to the economic assistance of $13,147,000 provided to the Government of Palau by the Government of the United States in each of fiscal years 2010, 2011, 2012, and 2013, and unless otherwise specified in this Agreement or in an Appendix to this Agreement, the Government of the United States shall provide the Government of Palau $69,250,000 in economic assistance as follows-- `(1) $12,000,000 in fiscal year 2014; `(2) $11,500,000 in fiscal year 2015; `(3) $10,000,000 in fiscal year 2016; `(4) $8,500,000 in fiscal year 2017; `(5) $7,250,000 in fiscal year 2018; `(6) $6,000,000 in fiscal year 2019; `(7) $5,000,000 in fiscal year 2020; `(8) $4,000,000 in fiscal year 2021; `(9) $3,000,000 in fiscal year 2022; and `(10) $2,000,000 in fiscal year 2023. The funds provided in any fiscal year under this subsection for economic assistance shall be provided in 4 quarterly payments (30 percent in the first quarter, 30 percent in the second quarter, 20 percent in the third quarter, and 20 percent in the fourth quarter) unless otherwise specified in this Agreement or in an Appendix to this Agreement.'. (5) INFRASTRUCTURE PROJECTS- Section 5 of the Agreement shall be construed as though the section reads as follows: `SEC. 5. INFRASTRUCTURE PROJECTS. `The Government of the United States shall provide grants totaling $40,000,000 to the Government of Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015 and 2016; towards 1 or more mutually agreed infrastructure projects in accordance with the provisions of Appendix C to this Agreement.'. (d) Continuing Programs and Laws- Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking `2009' and inserting `2024'. (e) Passport Requirement- Section 141 of Article IV of Title One of the Compact of Free Association shall be construed and applied as if it read as follows: `SEC. 141. PASSPORT REQUIREMENT. `(a) Any person in the following categories may be admitted to, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), provided that the passport presented to satisfy section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability-- `(1) a person who, on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands, as defined in title 53 of the Trust Territory Code in force on January 1, 1979, and has become and remains a citizen of Palau; `(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau; or `(3) a naturalized citizen of Palau, who has been an actual resident of Palau for not less than five years after attaining such naturalization and who holds a certificate of actual residence. `(b) Such persons shall be considered to have the permission of the Secretary of Homeland Security of the United States to accept employment in the United States. `(c) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to non-discriminatory limitations provided for-- `(1) in statutes or regulations of the United States; or `(2) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. `(d) Section 141(a) does not confer on a citizen of Palau the right to establish the residence necessary for naturalization under the Immigration and Nationality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not prevent a citizen of Palau from otherwise acquiring such rights or lawful permanent resident alien status in the United States.'.