Legislation

Bill Introduced Description
S.2427 Jun-04-14
STATUS: June 4, 2014.--Introduced. S.2427 Water Supply Permitting Coordination Act (Introduced in Senate - IS) S 2427 IS 113th CONGRESS2d SessionS. 2427 To authorize the Secretary of the Interior to coordinate Federal and State permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, and for other purposes. IN THE SENATE OF THE UNITED STATESJune 4, 2014 Mr. BARRASSO (for himself and Mr. ENZI) 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 coordinate Federal and State permitting processes related to the construction of new surface water storage projects on lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture and to designate the Bureau of Reclamation as the lead agency for permit processing, 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 `Water Supply Permitting Coordination Act'. SEC. 2. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) BUREAU- The term `Bureau' means the Bureau of Reclamation. (3) QUALIFYING PROJECTS- The term `qualifying projects' means new surface water storage projects constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding. (4) COOPERATING AGENCIES- The term `cooperating agency' means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 3(c). SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES. (a) Establishment of Lead Agency- The Bureau of Reclamation is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies- The Commissioner of the Bureau shall-- (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency-- (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority- A State in which a qualifying project is being considered may choose, consistent with State law-- (1) to participate as a cooperating agency; and (2) to make subject to the processes of this Act all State agencies that-- (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the water resource project. SEC. 4. BUREAU RESPONSIBILITIES. (a) In General- The principal responsibilities of the Bureau under this Act are to-- (1) serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination Process- The Bureau shall have the following coordination responsibilities: (1) PRE-APPLICATION COORDINATION- Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes to-- (A) explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) establish the schedule for the qualifying project. (2) CONSULTATION WITH COOPERATING AGENCIES- Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) SCHEDULE- Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors-- (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) ENVIRONMENTAL COMPLIANCE- Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than one year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Not later than one year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), when an environmental impact statement is required under the same. (5) CONSOLIDATED ADMINISTRATIVE RECORD- Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) PROJECT DATA RECORDS- To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) PROJECT MANAGER- Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 5. SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. (a) Adherence to Bureau Schedule- Upon notification of an application for a qualifying project, all cooperating agencies shall submit to the Bureau a timeframe under which the cooperating agency reasonably considers it will be able to complete its authorizing responsibilities. The Bureau shall use the timeframe submitted under this subsection to establish the project schedule under section 4, and the cooperating agencies shall adhere to the project schedule established by the Bureau. (b) Environmental Record- Cooperating agencies shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law consistent with the project schedule established by the Bureau. (c) Data Submission- To the extent practicable and consistent with Federal law, the cooperating agencies shall submit all relevant project data to the Bureau in a generally accessible electronic format subject to the project schedule set forth by the Bureau. SEC. 6. FUNDING TO PROCESS PERMITS. (a) In General- The Secretary, after public notice in accordance with the Administrative Procedures Act (5 U.S.C. 553), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project or activity for a public purpose under the jurisdiction of the Department of the Interior. (b) Effect on Permitting- (1) IN GENERAL- In carrying out this section, the Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either substantively or procedurally. (2) EVALUATION OF PERMITS- In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- (A) be reviewed by the Regional Director of the Bureau of Reclamation, or the Regional Director's designee, of the region in which the qualifying project or activity is located; and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (3) IMPARTIAL DECISIONMAKING- In carrying out this section, the Secretary and the cooperating agencies receiving funds under this section for qualifying projects shall ensure that the use of the funds accepted under this section for such projects shall not-- (A) impact impartial decisionmaking with respect to the issuance of permits, either substantively or procedurally; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of such agencies. (c) Limitation on Use of Funds- None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(2)(A). (d) Public Availability- The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet.
S.2409 May-22-14
STATUS: May 22, 2014.--Introduced. June 4, 2014.--Mr. Begich added as cosponsor. S.2409 American Energy Independence and Security Act of 2014 (Introduced in Senate - IS) S 2409 IS 113th CONGRESS2d SessionS. 2409 To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain in Alaska. IN THE SENATE OF THE UNITED STATESMay 22, 2014 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain in Alaska. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `American Energy Independence and Security Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) COASTAL PLAIN- The term `Coastal Plain' means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) FEDERAL AGREEMENT- The term `Federal Agreement' means the Federal Agreement and Grant Right-of-Way for the Trans-Alaska Pipeline issued on January 23, 1974, in accordance with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.). (3) FINAL STATEMENT- The term `Final Statement' means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to-- (A) section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142); and (B) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (4) MAP- The term `map' means the map entitled `Arctic National Wildlife Refuge', dated September 2005, and prepared by the United States Geological Survey. (5) SECRETARY- The term `Secretary' means-- (A) the Secretary of the Interior; or (B) the designee of the Secretary. SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN. (a) In General- (1) AUTHORIZATION- Congress authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain. (2) ACTIONS- The Secretary shall take such actions as are necessary-- (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that-- (i) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; and (ii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal- (1) REPEAL- Section 1003 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3143) is repealed. (2) CONFORMING AMENDMENT- The table of contents contained in section 1 of that Act (16 U.S.C. 3101 note) is amended by striking the item relating to section 1003. (c) Compliance With Requirements Under Certain Other Laws- (1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)-- (A) the oil and gas preleasing and leasing program, and activities authorized by this section in the Coastal Plain, shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT- The Final Statement shall be considered to satisfy the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to preleasing, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- (A) IN GENERAL- Before conducting the first lease sale under this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this Act that are not referred to in paragraph (2). (B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not-- (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effects of those courses of action. (C) IDENTIFICATION OF PREFERRED ACTION- Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale authorized under this Act. (D) EFFECT OF COMPLIANCE- Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this Act. (d) Relationship to State and Local Authority- Nothing in this Act expands or limits any State or local regulatory authority. (e) Limitation on Closed Areas- The Secretary shall not close land within the Coastal Plain to oil and gas leasing or to exploration, development, or production except in accordance with this Act. (f) Regulations- Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. SEC. 4. LEASE SALES. (a) In General- Land may be leased pursuant to this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Procedures- The Secretary shall, by regulation, establish procedures for-- (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids- Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage Minimum in First Sale- For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales- The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. SEC. 5. GRANT OF LEASES BY THE SECRETARY. (a) In General- Upon payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Coastal Plain. (b) Subsequent Transfers- (1) IN GENERAL- No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) CONDITION FOR APPROVAL- Before granting any approval described in paragraph (1), the Secretary shall consult with and give due consideration to the opinion of the Attorney General. SEC. 6. LEASE TERMS AND CONDITIONS. (a) In General- An oil or gas lease issued pursuant to this Act shall-- (1) provide for the payment of a royalty of not less than 12 1/2 percent of the amount or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Coastal Plain shall be fully responsible and liable for the reclamation of land within the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities within the Coastal Plain conducted by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for land required to be reclaimed under this Act shall be, to the maximum extent practicable-- (A) a condition capable of supporting the uses that the land was capable of supporting prior to any exploration, development, or production activities; or (B) upon application by the lessee, to a higher or better standard, as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (7) provide that each lessee, and each agent and contractor of a lessee, shall use their best efforts to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State of Alaska, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project Labor Agreements- The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION. (a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities- In accordance with section 3, the Secretary shall administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other provisions that-- (1) ensure, to the maximum extent practicable, that oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum surface acreage covered in connection with the leasing program by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific Assessment and Mitigation- The Secretary shall require, with respect to any proposed drilling and related activities on the Coastal Plain, that-- (1) a site-specific environmental analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the maximum extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan occur after consultation with-- (A) each agency having jurisdiction over matters mitigated by the plan; (B) the State of Alaska; (C) North Slope Borough, Alaska; and (D) the Arctic Slope Regional Corporation. (c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment- Before implementing the leasing program authorized by this Act, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, or other measures designed to ensure, to the maximum extent practicable, that the activities carried out on the Coastal Plain under this Act are conducted in a manner consistent with the purposes and environmental requirements of this Act. (d) Compliance With Federal and State Environmental Laws and Other Requirements- The regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this Act shall require-- (1) compliance with all applicable provisions of Federal and State environmental law (including regulations); and (2) implementation of and compliance with-- (A) standards that are at least as effective as the safety and environmental mitigation measures, as described in items 1 through 29 on pages 167 through 169 of the Final Statement; (B) reclamation and rehabilitation requirements in accordance with this Act for the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment on completion of oil and gas production operations, except in a case in which the Secretary determines that those facilities, structures, or equipment-- (i) would assist in the management of the Arctic National Wildlife Refuge; and (ii) are donated to the United States for that purpose; and (C) reasonable stipulations for protection of cultural and archaeological resources. (e) Access to Public Land- The Secretary shall-- (1) manage public land in the Coastal Plain in accordance with subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3121); and (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. SEC. 8. FEDERAL AND STATE DISTRIBUTION OF REVENUES. (a) In General- Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized under this Act-- (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska- Payments to the State of Alaska under this section shall be made on a monthly basis. SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN. For purposes of section 1102(4)(A) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas shall be considered to be established incident to the management of the Coastal Plain under this section. SEC. 10. CONVEYANCE. Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall-- (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.
S.2408 May-22-14
STATUS: May 22, 2014.--Introduced. June 4, 2014.--Mr. Begich added as cosponsor. S.2408 No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act (Introduced in Senate - IS) S 2408 IS 113th CONGRESS2d SessionS. 2408 To authorize the exploration, leasing, development, and production of oil and gas in and from the western portion of the Coastal Plain of the State of Alaska without surface occupancy, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 22, 2014 Ms. MURKOWSKI introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exploration, leasing, development, and production of oil and gas in and from the western portion of the Coastal Plain of the State of Alaska without surface occupancy, 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 `No Surface Occupancy Western Arctic Coastal Plain Domestic Energy Security Act'. SEC. 2. DEFINITIONS. In this Act: (1) COASTAL PLAIN- The term `Coastal Plain' means the area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) FINAL STATEMENT- The term `Final Statement' means the final legislative environmental impact statement on the Coastal Plain, dated April 1987, and prepared pursuant to-- (A) section 1002 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3142); and (B) section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (3) MAP- The term `map' means the map entitled `Arctic National Wildlife Refuge', dated September 2005, and prepared by the United States Geological Survey. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior or the designee of the Secretary. (5) WESTERN COASTAL PLAIN- The term `Western Coastal Plain' means that area of the Coastal Plain-- (A) that borders the land of the State of Alaska to the west and State of Alaska offshore waters of the Beaufort Sea on the north; and (B) from which oil and gas can be produced through the use of horizontal drilling or other subsurface technology from sites outside or underneath the surface of the Coastal Plain. SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE WESTERN COASTAL PLAIN. (a) In General- (1) AUTHORIZATION- There is authorized the exploration, leasing, development, and production of oil and gas from the Western Coastal Plain. (2) ACTIONS- The Secretary shall take such actions as are necessary-- (A) to establish and implement, in accordance with this Act, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Western Coastal Plain; and (B) to administer this Act through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that-- (i) ensure the oil and gas exploration, development, and production activities on the Western Coastal Plain will result in no significant adverse effect on fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment; (ii) prohibit surface occupancy of the Western Coastal Plain during oil and gas development and production; and (iii) require the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Compliance With Requirements Under Certain Other Laws- (1) COMPATIBILITY- For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.)-- (A) the oil and gas preleasing and leasing program and activities authorized by this section in the Western Coastal Plain shall be considered to be compatible with the purposes for which the Arctic National Wildlife Refuge was established; and (B) no further findings or decisions shall be required to implement that program and those activities. (2) ADEQUACY OF THE LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT OF THE DEPARTMENT OF THE INTERIOR- The Final Statement shall be considered to satisfy the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that apply with respect to preleasing activities, including exploration programs and actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this Act before the conduct of the first lease sale. (3) COMPLIANCE WITH NEPA FOR OTHER ACTIONS- (A) IN GENERAL- Prior to conducting the first lease sale pursuant to this Act, the Secretary shall prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the activities authorized by this Act that are not covered by paragraph (2). (B) IDENTIFICATION AND ANALYSIS- Notwithstanding any other provision of law, in carrying out this paragraph, the Secretary shall not-- (i) identify nonleasing alternative courses of action; or (ii) analyze the environmental effect of those courses of action. (C) IDENTIFICATION OF PREFERRED ACTION- Not later than 1 year after the date of enactment of this Act, the Secretary shall identify only a preferred action and a single leasing alternative for the first lease sale conducted pursuant to this Act. (D) EFFECT OF NONCOMPLIANCE- Notwithstanding any other provision of law, compliance with this paragraph shall be considered to satisfy any provision of law or other requirement that requires analysis and consideration of the environmental effects of leasing with respect to the leasing conducted pursuant to this Act. (c) Relationship to State and Local Authority- Nothing in this Act expands or limits any State or local regulatory authority. (d) Regulations- Not later than 1 year after the date of enactment of this Act, in consultation with the State of Alaska, the North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, the Secretary shall promulgate such regulations as are necessary to carry out this Act. SEC. 4. LEASE SALES. (a) Qualified Lessees- Land may be leased under this Act to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Procedures- The Secretary shall, by regulation, establish procedures for-- (1) receipt and consideration of sealed nominations for any area in the Western Coastal Plain for inclusion in a lease sale; (2) the holding of lease sales after the nomination process described in paragraph (1); and (3) public notice of, and comment on, designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids- Bidding for leases under this Act shall be by sealed competitive cash bonus bids. (d) Acreage Minimum in First Sale- For the first lease sale under this Act, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales- The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, conduct the first lease sale under this Act; (2) not later than 1 year after the date on which the first lease sale is conducted under paragraph (1), conduct a second lease sale under this Act; and (3) conduct additional sales at appropriate intervals if sufficient interest in exploration or development exists to warrant the conduct of the additional sales. SEC. 5. GRANT OF LEASES BY THE SECRETARY. (a) In General- On payment by a lessee of such bonus as may be accepted by the Secretary, the Secretary shall grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 4 a lease for any land on the Western Coastal Plain. (b) Subsequent Transfers- (1) IN GENERAL- No lease issued under this Act may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. (2) CONDITION FOR APPROVAL- Before granting any approval under paragraph (1), the Secretary shall consult with, and give due consideration to the opinion of, the Attorney General. SEC. 6. LEASE TERMS AND CONDITIONS. (a) In General- An oil or gas lease issued pursuant to this Act shall-- (1) provide for the payment of a royalty of not less than 12 1/2 percent of the quantity or value of the production removed or sold from the lease, as determined by the Secretary in accordance with regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary, after consultation with the State of Alaska, North Slope Borough, Alaska, and the Arctic Slope Regional Corporation, may close, on a seasonal basis, such portions of the Western Coastal Plain to exploratory drilling activities as are necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that each lessee of land within the Western Coastal Plain shall be fully responsible and liable for the reclamation of land within the Western Coastal Plain and any other Federal land that is adversely affected in connection with exploration activities conducted under the lease and within the Western Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability described in paragraph (3) to another person without the express written approval of the Secretary; (5) contain terms and conditions relating to protection of fish and wildlife, fish and wildlife habitat, subsistence resources, and the environment as required under section 3(a)(2); and (6) provide that each lessee, and each agent and contractor of a lessee, shall use the best efforts of the lessee to provide a fair share of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State, as determined by the level of obligation previously agreed to in the Federal Agreement. (b) Project Labor Agreements- The Secretary, as a term and condition of each lease under this Act, and in recognizing the proprietary interest of the Federal Government in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this Act (including the special concerns of the parties to those leases), shall require that each lessee, and each agent and contractor of a lessee, under this Act negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. SEC. 7. FEDERAL AND STATE DISTRIBUTION OF REVENUES. (a) In General- Notwithstanding any other provision of law, of the amount of bonus, rental, and royalty revenues from oil and gas leasing and operations authorized by this Act-- (1) 50 percent shall be paid to the State of Alaska; and (2) the balance shall be deposited in the Treasury of the United States. (b) Payments to Alaska- Payments to the State of Alaska under this section shall be made on a monthly basis. SEC. 8. CONVEYANCE. Notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on title to land, and to clarify land ownership patterns in the Coastal Plain, the Secretary shall-- (1) to the extent necessary to fulfill the entitlement of the Kaktovik Inupiat Corporation under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), as determined by the Secretary, convey to that Corporation the surface estate of the land described in paragraph (1) of Public Land Order 6959, in accordance with the terms and conditions of the agreement between the Secretary, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation, dated January 22, 1993; and (2) convey to the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under the agreement between that corporation and the United States, dated August 9, 1983.
S.2392 May-22-14
STATUS: May 22, 2014.--Introduced. June 18, 2014.--Mr. Tester added as cosponsor. July 23, 2014.--Hearing by subcommittee. (56) S.2392 East Rosebud Wild and Scenic Rivers Act (Introduced in Senate - IS) S 2392 IS 113th CONGRESS2d SessionS. 2392 To amend the Wild and Scenic Rivers Act to designate certain segments of East Rosebud Creek in Carbon County, Montana, as components of the Wild and Scenic Rivers System. IN THE SENATE OF THE UNITED STATESMay 22, 2014 Mr. WALSH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of East Rosebud Creek in Carbon County, Montana, as components of the Wild and Scenic Rivers System. 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 `East Rosebud Wild and Scenic Rivers Act'. SEC. 2. FINDINGS; PURPOSE. (a) Findings- Congress finds that-- (1) East Rosebud Creek is cherished by the people of Montana and visitors from across the United States for the clean water, spectacular natural setting, and outstanding recreational opportunities of the Creek; (2) recreational activities (including fishing, hunting, camping, paddling, hiking, rock climbing, and wildlife watching) on East Rosebud Creek and the surrounding land generate millions of dollars annually for the local economy; (3) East Rosebud Creek-- (A) is a national treasure; (B) possesses outstandingly remarkable values; and (C) merits the high level of protection afforded by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) in order to maintain the benefits provided by the Creek, as described in paragraphs (1) and (2), for future generations to enjoy; and (4) designation of select public land segments of East Rosebud Creek under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of the Creek while preserving public access, respecting private property rights, allowing appropriate maintenance of existing infrastructure, and allowing historical uses of the Creek to continue. (b) Purpose- The purpose of this Act is to designate East Rosebud Creek in the State of Montana as a component of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable scenic, wildlife, fishery recreational, geologic, and historical values of the Creek. SEC. 3. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. (a) In General- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) EAST ROSEBUD CREEK, MONTANA- The portions of East Rosebud Creek in the State of Montana, consisting of-- `(A) the 13-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the point at which the Creek enters East Rosebud Lake, including the stream reach between Twin Outlets Lake and Fossil Lake, to be administered by the Secretary of Agriculture as a wild river; and `(B) the 7-mile segment on the Custer National Forest from immediately below, but not including, the outlet of East Rosebud Lake downstream to the point at which the Creek enters private property for the first time, to be administered by the Secretary of Agriculture as a recreational river.'. (b) Exclusion of Private Property- No private property shall be included within the boundaries of the river segments designated by paragraph (208) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).
S.2379 May-21-14
STATUS: May 21, 2014.--Introduced. June 3, 2014.--Water and Power Subcommittee Hearing held. S.2379 Klamath Basin Water Recovery and Economic Restoration Act of 2014 (Introduced in Senate - IS) S 2379 IS 113th CONGRESS2d SessionS. 2379 To approve and implement the Klamath Basin agreements, to improve natural resource management, support economic development, and sustain agricultural production in the Klamath River Basin in the public interest and the interest of the United States, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 21, 2014 Mr. WYDEN (for himself, Mr. MERKLEY, Mrs. FEINSTEIN, and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To approve and implement the Klamath Basin agreements, to improve natural resource management, support economic development, and sustain agricultural production in the Klamath River Basin in the public interest and the interest of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Klamath Basin Water Recovery and Economic Restoration Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) AGREEMENT- The term `Agreement' means each of-- (A) the Restoration Agreement; and (B) the Upper Basin Agreement. (2) COMMISSION- The term `Commission' means the Federal Energy Regulatory Commission. (3) FACILITIES REMOVAL- The term `facilities removal' means-- (A) physical removal of all or part of each facility to achieve, at a minimum, a free-flowing condition and volitional fish passage; (B) site remediation and restoration, including restoration of previously inundated land; (C) measures to avoid or minimize adverse downstream impacts; and (D) all associated permitting for the actions described in this paragraph. (4) FACILITY- The term `facility' means the following 1 or more hydropower facilities (including appurtenant works licensed to PacifiCorp) within the jurisdictional boundary of the Klamath Hydroelectric Project, FERC Project No. 2082 (as applicable): (A) Iron Gate Dam. (B) Copco No. 1 Dam. (C) Copco No. 2 Dam. (D) J.C. Boyle Dam. (5) HYDROELECTRIC SETTLEMENT- The term `Hydroelectric Settlement' means the agreement entitled `Klamath Hydroelectric Settlement Agreement' and dated February 18, 2010 (including any amendments to that agreement approved pursuant to section 3(a)). (6) JOINT MANAGEMENT ENTITY- The term `Joint Management Entity' means the entity that-- (A) is comprised of the Landowner Entity, the Klamath Tribes, the United States, and the State of Oregon; (B) represents the interests of the parties to the Upper Basin Agreement; and (C) is responsible for overseeing implementation of the Upper Basin Agreement, as described in section 7 of the Upper Basin Agreement. (7) JOINT MANAGEMENT ENTITY TECHNICAL TEAM- The term `Joint Management Entity Technical Team' means the group of specialists appointed by the Joint Management Entity as provided for in section 7.8 of the Upper Basin Agreement. (8) KENO FACILITY- The term `Keno Facility' means the dam located in Klamath County, Oregon, land underlying the dam, appurtenant facilities, and PacifiCorp-owned property described as Klamath County Map Tax Lot R-3907-03600-00200-000. (9) KLAMATH BASIN- (A) IN GENERAL- The term `Klamath Basin' means the land tributary to the Klamath River in Oregon and California. (B) INCLUSIONS- The term `Klamath Basin' includes the Lost River and Tule Lake Basins. (10) KLAMATH PROJECT- (A) IN GENERAL- The term `Klamath Project' means the Bureau of Reclamation project in the States of California and Oregon, as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093). (B) INCLUSIONS- The term `Klamath Project' includes any dams, canals, and other works and interests for water diversion, storage, delivery, and drainage, flood control, and similar functions that are part of the project described in subparagraph (A). (11) KLAMATH PROJECT WATER USERS- The term `Klamath Project Water Users' has the meaning given the term in the Restoration Agreement. (12) LANDOWNER ENTITY- The term `Landowner Entity' means the entity established pursuant to section 8 of the Upper Basin Agreement. (13) OFF-PROJECT AREA- The term `Off-Project Area' means-- (A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including the Wood River, Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and (B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. (14) OFF-PROJECT IRRIGATOR- The term `Off-Project Irrigator' means any person that is-- (A)(i) a claimant for water rights for irrigation uses in the Off-Project Area in Oregon's Klamath Basin Adjudication; or (ii) a holder of a State of Oregon water right permit or certificate for irrigation use in the Off-Project Area; and (B) a Party to the Upper Basin Agreement. (15) Oregon's KLAMATH BASIN ADJUDICATION- The term `Oregon's Klamath Basin adjudication' means the proceeding to determine surface water rights pursuant to chapter 539 of the Oregon Revised Statutes entitled `In the matter of the determination of the relative rights of the waters of the Klamath River, a tributary of the Pacific Ocean', in the Circuit Court of the State of Oregon for the County of Klamath, numbered WA 1300001. (16) PACIFICORP- The term `PacifiCorp' means the owner and licensee of the facility (as of the date of enactment of this Act). (17) PARTY TRIBES- The term `Party tribes' means-- (A) the Yurok Tribe; (B) the Karuk Tribe; (C) the Klamath Tribes; and (D) such other federally recognized tribes of the Klamath Basin as may become party to the Restoration Agreement after the date of enactment of this Act. (18) RESTORATION AGREEMENT- The term `Restoration Agreement' means the agreement entitled `Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities' and dated February 18, 2010 (including amendments adopted prior to the date of enactment of this Act and any further amendments to that agreement approved pursuant to section 3(a)). (19) RIPARIAN PROGRAM- The term `Riparian Program' means the program described in section 4 of the Upper Basin Agreement. (20) SECRETARY- The term `Secretary' means the Secretary of the Interior. (21) SECRETARIES- The term `Secretaries' means each of-- (A) the Secretary of the Interior; (B) the Secretary of Commerce; and (C) the Secretary of Agriculture. (22) SETTLEMENTS- The term `Settlements' means each of-- (A) the Hydroelectric Settlement; (B) the Restoration Agreement; and (C) the Upper Basin Agreement. (23) UPPER BASIN AGREEMENT- The term `Upper Basin Agreement' means the agreement entitled `Upper Klamath Basin Comprehensive Agreement' and dated April 18, 2014 (including any amendments to that agreement approved pursuant to section 3(a)). (24) WATER USE PROGRAM- The term `Water Use Program' means the program described in section 3 of the Upper Basin Agreement and section 16.2 of the Restoration Agreement. SEC. 3. AUTHORIZATION, EXECUTION, AND IMPLEMENTATION OF SETTLEMENTS. (a) Ratification of Settlements- (1) IN GENERAL- Except as modified by this Act, and to the extent that the Settlements do not conflict with this Act, the Settlements are authorized, ratified, and confirmed. (2) AMENDMENTS CONSISTENT WITH THIS ACT- If any amendment is executed to make any of the Settlements consistent with this Act, the amendment is also authorized, ratified, and confirmed to the extent the amendment is consistent with this Act. (3) FURTHER AMENDMENTS- If any amendment to any of the Settlements is executed by the parties to the applicable Settlement after the date of enactment of this Act, unless the Secretary, the Secretary of Commerce, or Secretary of Agriculture determines, not later than 90 days after the date on which the non-Federal parties agree to the amendment, that the amendment is inconsistent with this Act or other provisions of law, the amendment is also authorized, ratified, and confirmed to the extent the amendment-- (A) is not inconsistent with this Act or other provisions of law; (B) is executed in a manner consistent with the terms of the applicable Settlement; and (C) does not require congressional approval pursuant to section 2116 of the Revised Statutes (25 U.S.C. 177) or other applicable Federal law. (b) Execution and Implementation of Settlements- (1) THE AGREEMENTS- (A) IN GENERAL- As authorized, ratified, and confirmed pursuant to subsection (a)-- (i) the Secretary, the Secretary of Commerce, and the Secretary of Agriculture shall promptly execute and implement the Restoration Agreement; and (ii) the Secretary and the Secretary of Commerce shall promptly execute and implement the Upper Basin Agreement. (B) EFFECT OF EXECUTING AGREEMENTS- Notwithstanding subsection (l), execution by the applicable Secretaries under subparagraph (A) of either Agreement shall not be considered a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) PARTICIPATION IN THE UPPER BASIN AGREEMENT- As provided for in the Upper Basin Agreement and as part of implementing the Upper Basin Agreement, the Secretary and the Secretary of Commerce may-- (i) participate in the Water Use Program and in the Riparian Program; and (ii) serve as members of the Joint Management Entity representing the Bureau of Indian Affairs, the United States Fish and Wildlife Service, the United States Geological Survey, and the National Marine Fisheries Service of the Department of Commerce, with the Secretary serving as the voting member, as described in section 7.1.5 of the Upper Basin Agreement. (2) HYDROELECTRIC SETTLEMENT- To the extent that the Hydroelectric Settlement does not conflict with this Act, the Secretary, the Secretary of Commerce, and the Commission shall implement the Hydroelectric Settlement, in consultation with other applicable Federal agencies. (c) Federal Responsibilities- To the extent consistent with the Settlements, this Act, and other provisions of law, the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission shall perform all actions necessary to carry out each responsibility of the Secretary, the Secretary of Commerce, the Secretary of Agriculture, and the Commission, respectively, under the Settlements. (d) Environmental Compliance- In implementing the Settlements, the Secretaries and the Commission shall comply with-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (3) all other applicable law. (e) Publication of Notice; Effect of Publication- (1) RESTORATION AGREEMENT- (A) PUBLICATION- The Secretary shall publish the notice required by section 15.3.4.A or section 15.3.4.C of the Restoration Agreement, as applicable, in accordance with the Restoration Agreement. (B) EFFECT OF PUBLICATION- Publication of the notice described in subparagraph (A) shall have the effects on the commitments, rights, and obligations of the Party tribes, the United States (as trustee for the federally recognized tribes of the Klamath Basin), and other parties to the Restoration Agreement as the rights and obligations that are provided for in the Restoration Agreement. (2) UPPER BASIN AGREEMENT- (A) PUBLICATION- The Secretary shall publish the notice required by section 10.1 of the Upper Basin Agreement if all requirements of section 10 of the Upper Basin Agreement have been fulfilled, including the requirement for notice by the Klamath Tribes of the willingness of the Tribes to proceed with the Upper Basin Agreement following enactment of authorizing legislation as described in section 10.1.10 or 10.2 of the Upper Basin Agreement, as applicable, in accordance with the Upper Basin Agreement. (B) EFFECT OF PUBLICATION- (i) PERMANENCY- On publication of the notice required under section 10.1 of the Upper Basin Agreement, the Upper Basin Agreement shall become permanent. (ii) TERMINATION- On publication of the notice required under section 10.2 of the Upper Basin Agreement, the Upper Basin Agreement shall terminate, according to the terms of that section. (3) JUDICIAL REVIEW- (A) IN GENERAL- Judicial review of a decision of the Secretary pursuant to this subsection shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act'). (B) DEADLINE- Any petition for review under this subparagraph shall be filed not later than 1 year after the date of publication of the notice required under this paragraph. (f) Eligibility for Funds Protected- Notwithstanding any other provision of law, nothing in this Act or the implementation of the Settlements, other than as explicitly provided for in this Act or the Settlements-- (1) restricts or alters the eligibility of any party to any of the Settlements, or of any Indian tribe, for the receipt of funds; or (2) shall be considered an offset against any obligations or funds in existence on the date of enactment of this Act, under any Federal or State law. (g) Tribal Rights Protected- Nothing in this Act or the Settlements-- (1) affects the rights of any Indian tribe outside the Klamath Basin; or (2) amends, alters, or limits the authority of the Indian tribes of the Klamath Basin to exercise any water rights the Indian tribes hold or may be determined to hold except as expressly provided in the Agreements. (h) Water Rights- (1) IN GENERAL- Except as specifically provided in this Act and the Settlements, nothing in this Act or the Settlements creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act. (2) NO STANDARD FOR QUANTIFICATION- Nothing in this Act or the Settlements establishes any standard for the quantification of Federal reserved water rights or any water claims of any Indian tribe in any judicial or administrative proceeding. (i) Willing Sellers- Any acquisition of interests in land or water pursuant to either Agreement shall be from willing sellers. (j) No Private Right of Action- (1) IN GENERAL- Nothing in this Act confers on any person or entity not a party to the Settlements a private right of action or claim for relief to interpret or enforce this Act or the Settlements. (2) OTHER LAW- This subsection does not alter or curtail any right of action or claim for relief under any other applicable law. (k) State Courts- Nothing in this Act expands the jurisdiction of State courts to review Federal agency actions or determine Federal rights. (l) Relationship to Certain Other Federal Law- (1) IN GENERAL- Nothing in this Act amends, supersedes, modifies, or otherwise affects-- (A) Public Law 88-567 (16 U.S.C. 695k et seq.), except as provided in section 4(c); (B) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.); (C) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (D) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (E) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except to the extent section 8(b)(4) of this Act requires a permit under section 404 of that Act (33 U.S.C. 1344), notwithstanding section 404(r) of that Act (33 U.S.C. 1344(r)); (F) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (G) the Treaty between the United States and the Klamath and Moadoc Tribes and the Yahooskin Band of Snake Indians dated October 14, 1864 (16 Stat. 707); or (H) the Klamath Indian Tribe Restoration Act (25 U.S.C. 566 et seq.). (2) CONSISTENCY- The Agreements shall be considered consistent with subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666). (3) FEDERAL ADVISORY COMMITTEE ACT- The actions of the Joint Management Entity and the Joint Management Entity Technical Team shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (m) Waiver of Sovereign Immunity by the United States- Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriations Act, 1953 (43 U.S.C. 666), nothing in this Act or the implementation of the Settlements waives the sovereign immunity of the United States. (n) Waiver of Sovereign Immunity by the Party Tribes- Nothing in this Act waives or abrogates the sovereign immunity of the Party tribes. SEC. 4. KLAMATH PROJECT AUTHORIZED PURPOSES. (a) Klamath Project Purposes- (1) IN GENERAL- Subject to paragraph (2) and subsection (b), the purposes of the Klamath Project include-- (A) irrigation; (B) reclamation; (C) flood control; (D) municipal; (E) industrial; (F) power; (G) fish and wildlife purposes; and (H) National Wildlife Refuge purposes. (2) EFFECT OF FISH AND WILDLIFE PURPOSES- (A) IN GENERAL- Subject to subparagraph (B), the fish and wildlife purposes of the Klamath Project authorized under paragraph (1) shall not adversely affect the irrigation purpose of the Klamath Project. (B) WATER ALLOCATIONS AND DELIVERY- Notwithstanding subparagraph (A), the water allocations and delivery to the National Wildlife Refuges provided for in the Restoration Agreement shall not constitute an adverse effect on the irrigation purpose of the Klamath Project for purposes of this paragraph. (b) Water Rights Adjudication- For purposes of the determination of water rights in Oregon's Klamath Basin adjudication, until the date on which the Appendix E-1 to the Restoration Agreement is filed in Oregon's Klamath Basin adjudication pursuant to the Restoration Agreement, the purposes of the Klamath Project shall be the purposes in effect on the day before the date of enactment of this Act. (c) Disposition of Net Revenues From Leasing of Tule Lake and Lower Klamath National Wildlife Refuge Land- Notwithstanding any other provision of law, net revenues from the leasing of refuge land within the Tule Lake National Wildlife Refuge and Lower Klamath National Wildlife Refuge under section 4 of Public Law 88-567 (78 Stat. 851) (commonly known as the `Kuchel Act') shall be provided directly, without further appropriation, as follows: (1) 10 percent of net revenues from land within the Tule Lake National Wildlife Refuge that are within the boundaries of Tulelake Irrigation District to Tulelake Irrigation District, as provided in article 4 of Contract No. 14-06-200-5954 and section 2(a) of the Act of August 1, 1956 (70 Stat. 799, chapter 828). (2) Such amounts as are necessary to counties as payments in lieu of taxes as provided in section 3 of Public Law 88-567 (16 U.S.C. 695m). (3) 20 percent of net revenues to the Klamath Basin National Wildlife Refuge Complex of the United States Fish and Wildlife Service, for wildlife management purposes on the Tule Lake National Wildlife Refuge and the Lower Klamath National Wildlife Refuge. (4) 10 percent of net revenues from land within the Lower Klamath National Wildlife Refuge that are within the boundaries of the Klamath Drainage District to Klamath Drainage District, for operation and maintenance responsibility for the Federal reclamation water delivery and drainage facilities within the boundaries of the Klamath Drainage District and the Lower Klamath National Wildlife Refuge exclusive of the Klamath Straits Drain, subject to a transfer agreement with the Bureau of Reclamation under which the Klamath Drainage District assumes the operation and maintenance duties of the Bureau of Reclamation for Klamath Drainage District (Area K) lease land exclusive of Klamath Straits Drain. (5) The remainder of net revenues to the Bureau of Reclamation for-- (A) operation and maintenance costs of Link River and Keno Dams incurred by the United States; and (B) to the extent that the revenues received under this paragraph for any year exceed the costs described in subparagraph (A)-- (i) future capital costs of the Klamath Project; or (ii) the Renewable Power Program described in section 17.7 of the Restoration Agreement, pursuant to an expenditure plan submitted to and approved by the Secretary. SEC. 5. TRIBAL COMMITMENTS; RELEASE OF CLAIMS. (a) Actions by Klamath Tribes- (1) RESTORATION AGREEMENT COMMITMENTS ACKNOWLEDGED AND AGREED TO- In consideration for the resolution of any contest or exception of the Klamath Project Water Users to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon's Klamath Basin adjudication), and for the other commitments of the Klamath Project Water Users described in the Restoration Agreement, and for other benefits described in the Restoration Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Restoration Agreement. (2) UPPER BASIN AGREEMENT COMMITMENTS ACKNOWLEDGED AND AGREED TO- In consideration for the resolution of any contest or exception of the Off-Project Irrigators to the water rights claims of the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and members of the Klamath Tribes in Oregon's Klamath Basin adjudication), and for the other commitments of the Off-Project Irrigators described in the upper Basin Agreement, and for other benefits described in the Upper Basin Agreement and this Act, the Klamath Tribes (on behalf of the Klamath Tribes and the members of the Klamath Tribes) may make the commitments provided in the Upper Basin Agreement. (3) NO FURTHER ACTION REQUIRED- Except as provided in subsection (c), the commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Klamath Tribes. (4) ADDITIONAL COMMITMENTS- The Klamath Tribes (on behalf of the tribe and the members of the tribe) may make additional commitments and assurances in exchange for the resolution of its claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments and assurances shall be-- (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the tribe and the members of the tribe in Oregon's Klamath Basin adjudication) pursuant to subsection (f). (b) Actions by Karuk Tribe and Yurok Tribe- (1) COMMITMENTS ACKNOWLEDGED AND AGREED TO- In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement, and other benefits described in the Restoration Agreement and this Act, the Karuk Tribe and the Yurok Tribe (on behalf of the tribe and the members of the tribe) may make the commitments provided in the Restoration Agreement. (2) NO FURTHER ACTION REQUIRED- Except as provided in subsection (c), the commitments described in paragraph (1) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the Yurok Tribe or Karuk Tribe. (c) Release of Claims by Party Tribes- (1) IN GENERAL- Subject to paragraph (2), subsection (d), and the Agreements, but without otherwise affecting any right secured by a treaty, Executive order, or other law, the Party tribes (on behalf of the tribes and the members of the tribes) may relinquish and release certain claims against the United States (including any Federal agencies and employees) described in sections 15.3.5.A, 15.3.6.B.i, and 15.3.7.B.i of the Restoration Agreement and, in the case of the Klamath Tribes, section 2.5 of the Upper Basin Agreement. (2) CONDITIONS- The relinquishments and releases under paragraph (1) shall not take force or effect until the terms described in sections 15.3.5.C, 15.3.5.D, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.7.B.iv, and 33.2.1 of the Restoration Agreement and sections 2.4 and 10 of the Upper Basin Agreement have been fulfilled. (d) Retention of Rights of Party Tribes- Notwithstanding subsections (a) through (c) or any other provision of this Act, the Party tribes (on behalf of the tribes and the members of the tribes) and the United States (acting as trustee for the Party tribes), shall retain-- (1) all claims and rights described in sections 15.3.5.B, 15.3.6.B.ii, and 15.3.7.B.ii of the Restoration Agreement; and (2) any other claims and rights retained by the Party Tribes in negotiations pursuant to section 15.3.5.D, 15.3.6.B.iv, and 15.3.7.B.iv of the Restoration Agreement. (e) Tolling of Claims- (1) IN GENERAL- Subject to paragraph (2), the period of limitation and time-based equitable defense relating to a claim described in subsection (c) shall be tolled during the period-- (A) beginning on the date of enactment of this Act; and (B) ending on the earlier of-- (i) the date on which the Secretary publishes the notice described in sections 15.3.5.C, 15.3.6.B.iii, and 15.3.7.B.iii of the Restoration Agreement; or (ii) December 1, 2030. (2) EFFECT OF TOLLING- Nothing in this subsection-- (A) revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act; or (B) precludes the tolling of any period of limitation or any time-based equitable defense under any other applicable law. (f) Actions of United States as Trustee- (1) RESTORATION AGREEMENT COMMITMENTS AUTHORIZED- In consideration for the commitments of the Klamath Project Water Users described in the Restoration Agreement and for other benefits described in the Restoration Agreement and this Act, the United States, acting as trustee for the federally recognized tribes of the Klamath Basin and the members of such tribes, may make the commitments provided in the Restoration Agreement. (2) UPPER BASIN AGREEMENT COMMITMENTS AUTHORIZED- In consideration for the commitments of the Off-Project Irrigators described in the Upper Basin Agreement and for other benefits described in the Upper Basin Agreement and this Act, the United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes, may make the commitments provided in the Upper Basin Agreement. (3) NO FURTHER ACTION- The commitments described in paragraphs (1) and (2) are confirmed as effective and binding, in accordance with the terms of the commitments, without further action by the United States. (4) ADDITIONAL COMMITMENTS- The United States, acting as trustee for the Klamath Tribes and the members of the Klamath Tribes in Oregon's Klamath Basin Adjudication, may make additional commitments and assurances of rights in exchange for the resolution of the tribal water right claims described in section 1.3.1 or 2.5.1 of the Upper Basin Agreement, subject to the conditions that the commitments or assurances shall be-- (A) consistent with this Act, the Settlements, and other applicable provisions of law, based on the totality of the circumstances; and (B) covered by a written agreement signed by the Klamath Tribes and the United States (acting as trustee for the Klamath Tribes and the members of the tribe in Oregon's Klamath Basin adjudication) under subsection (a)(3)(B). (g) Judicial Review- Judicial review of a decision of the Secretary concerning any right or obligation under section 15.3.5.C, 15.3.6.B.iii, 15.3.7.B.iii, 15.3.8.B, or 15.3.9 of the Restoration Agreement shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act'). (h) Effect of Section- Nothing in this section-- (1) affects the ability of the United States to take any action-- (A) authorized by law to be taken in the sovereign capacity of the United States, including any law relating to health, safety, or the environment, including-- (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (iii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (iv) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (v) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (vi) regulations implementing the Acts described in this subparagraph; and (B) as trustee for the benefit of any federally recognized Indian tribe other than an Indian tribe of the Klamath Basin; (C) as trustee for the Party tribes to enforce the Agreements and this Act through such legal and equitable remedies as are available in an appropriate United States court or State court or administrative proceeding, including Oregon's Klamath Basin adjudication; or (D) as trustee for the federally recognized Indian tribes of the Klamath Basin and the members of the tribes, in accordance with the Agreements and this Act-- (i) to acquire water rights after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement); (ii) to use and protect water rights, including water rights acquired after the effective date of the Agreements (as defined in section 1.5.1 of the Restoration Agreement and section 14.3 of the Upper Basin Agreement), subject to the Agreements; or (iii) to claim a water right or continue to advocate for an existing claim for water rights in an appropriate United States court or State court or administrative proceeding, subject to the Agreements; (2) affects the treaty fishing, hunting, trapping, pasturing, or gathering right of any Indian tribe except to the extent expressly provided in this Act or the Agreements; or (3) affects any right, remedy, privilege, immunity, power, or claim not specifically relinquished and released under, or limited by, this Act or the Agreements. SEC. 6. WATER AND POWER PROVISIONS. The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106-498; 114 Stat. 2221) is amended-- (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: `SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES. `(a) Definitions- In this section: `(1) OFF-PROJECT AREA- The term `Off-Project Area' means-- `(A) the areas within the Sprague River, Sycan River, Williamson River, and Wood Valley (including Crooked Creek, Sevenmile Creek, Fourmile Creek, and Crane Creek) subbasins referred to in Exhibit B of the Upper Basin Agreement; and `(B) to the extent provided for in the Upper Basin Agreement, any other areas for which claims described by section 1.3 or 2.5.1 of the Upper Basin Agreement are settled as provided for in section 2.5.1 of the Upper Basin Agreement. `(2) ON-PROJECT POWER USER- The term `On-Project Power User' has the meaning given the term in the Restoration Agreement. `(3) RESTORATION AGREEMENT- The term `Restoration Agreement' means the agreement entitled `Klamath River Basin Restoration Agreement for the Sustainability of Public and Trust Resources and Affected Communities' and dated February 18, 2010 (including any amendments adopted prior to the date of enactment of this Act and any further amendment to that agreement approved pursuant to section 3(a) of the Klamath Basin Water Recovery and Economic Restoration Act of 2014). `(4) UPPER BASIN AGREEMENT- The term `Upper Basin Agreement' means the agreement entitled `Upper Klamath Basin Comprehensive Agreement' and dated April 18, 2014 (including any amendment to that agreement). `(b) Action by Secretary- The Secretary may carry out any activities, including by entering into an agreement or contract or otherwise making financial assistance available-- `(1) to align water supplies with demand, including activities to reduce water consumption and demand, consistent with the Restoration Agreement or the Upper Basin Agreement; `(2) to limit the net costs of power used to manage water (including by arranging for delivery of Federal power, consistent with the Restoration Agreement and the Upper Basin Agreement) for-- `(A) the Klamath Project (within the meaning of section 2); `(B) the On-Project Power Users; `(C) irrigators in the Off-Project Area; and `(D) the Klamath Basin National Wildlife Refuge Complex; and `(3) to restore any ecosystem and otherwise protect fish and wildlife in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with Restoration Agreement and the Upper Basin Agreement.'. SEC. 7. KLAMATH TRIBES TRIBAL RESOURCE FUND. (a) Establishment- There is established in the Treasury of the United States a fund to be known as the `Klamath Tribes Tribal Resource Fund' (referred to in this section as the `Fund'), consisting of the amounts deposited in the Fund under subsection (b), together with any interest earned on those amounts, to be managed, invested, and administered by the Secretary for the benefit of the Klamath Tribes in accordance with the terms of section 2.4 of the Upper Basin Agreement, to remain available until expended. (b) Transfers to Fund- The Fund shall consist of such amounts as are appropriated to the Fund under subsection (i), which shall be deposited in the Fund not later than 60 days after the amounts are appropriated and any interest under subsection (c) or (d). (c) Management by the Secretary- Absent an approved tribal investment plan under subsection (d) or an economic development plan under subsection (e), the Secretary shall manage, invest, and distribute all amounts in the Fund in a manner that is consistent with the investment authority of the Secretary under-- (1) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); (2) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (3) this section. (d) Investment by the Klamath Tribes- (1) INVESTMENT PLAN- (A) IN GENERAL- In lieu of the investment provided for in subsection (c), the Klamath Tribes may submit a tribal investment plan to the Secretary, applicable to all or part of the Fund, excluding the amounts described in subsection (e)(4)(A). (B) APPROVAL- Not later than 60 days after the date on which a tribal investment plan is submitted under subparagraph (A), the Secretary shall approve such investment plan if the Secretary finds that the plan-- (i) is reasonable and sound; (ii) meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (iii) meets the requirements of this section. (C) DISAPPROVAL- If the Secretary does not approve the tribal investment plan, the Secretary shall set forth in writing the particular reasons for the disapproval. (2) DISBURSEMENT- If the tribal investment plan is approved by the Secretary, the funds involved shall be disbursed from the Fund to the Klamath Tribes to be invested by the Klamath Tribes in accordance with the approved tribal investment plan, subject to the requirements of this section. (3) COMPLIANCE- The Secretary may take such steps as the Secretary determines to be necessary to monitor the compliance of a Tribe with an investment plan approved under paragraph (1)(B). (4) LIMITATION ON LIABILITY- The United States shall not be-- (A) responsible for the review, approval, or audit of any individual investment under an approved investment plan; or (B) directly or indirectly liable with respect to any such investment, including any act or omission of the Klamath Tribes in managing or investing amounts in the Fund. (5) REQUIREMENTS- The principal and income derived from tribal investments carried out pursuant to an investment plan approved under subparagraph (B) shall be-- (A) subject to the requirements of this section; and (B) expended only in accordance with an economic development plan approved under subsection (e). (e) Economic Development Plan- (1) IN GENERAL- The Klamath Tribes shall submit to the Secretary an economic development plan for the use of the Fund, including the expenditure of any principal or income derived from management under subsection (c) or from tribal investments carried out under subsection (d). (2) APPROVAL- Not later than 60 days after the date on which an economic development plan is submitted under paragraph (1), the Secretary shall approve the economic development plan if the Secretary finds that the plan meets the requirements of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) and this section. (3) USE OF FUNDS- The economic development plan under this subsection shall-- (A) require that the Klamath Tribes spend all amounts withdrawn from the Fund in accordance with this section; and (B) include such terms and conditions as are necessary to meet the requirements of this section. (4) RESOURCE ACQUISITION AND ENHANCEMENT PLAN- The economic development plan shall include a resource acquisition and enhancement plan, which shall-- (A) require that not less than 1/2 of the amounts appropriated for each fiscal year to carry out this section shall be used to enhance, restore, and utilize the natural resources of the Klamath Tribes, in a manner that also provides for the economic development of the Klamath Tribes and, as determined by the Secretary, directly or indirectly benefit adjacent non-Indian communities; and (B) be reasonably related to the protection, acquisition, enhancement, or development of natural resources for the benefit of the Klamath Tribes and members of the Klamath Tribes. (5) MODIFICATION- Subject to the requirements of this Act and approval by the Secretary, the Klamath Tribes may modify a plan approved under this subsection. (6) LIMITATION ON LIABILITY- The United States shall not be directly or indirectly liable for any claim or cause of action arising from-- (A) the approval of a plan under this paragraph; or (B) the use or expenditure by the Klamath Tribes of any amount in the Fund. (f) Limitation on Per Capita Distributions- No amount in the Fund (including any income accruing to the amount) and no revenue from any water use contract may be distributed to any member of the Klamath Tribes on a per capita basis. (g) Limitation on Disbursement- (1) IN GENERAL- Subject to paragraph (2), amounts in the Fund shall not be available for disbursement under this section until the Klamath Tribes-- (A) make the commitments set forth in the Agreements; and (B) are determined by the Secretary to be in substantial compliance with those commitments. (2) EARLY DISBURSEMENT- Based on the unique history of the loss of reservation land by the Klamath Tribes through termination of Federal recognition and acknowledging that restoration of tribal land is essential to building the tribal economy and achieving self-determination, the Secretary may disburse funds to the Klamath Tribes prior to the satisfaction of the requirements of paragraph (1) on a determination by the Secretary that such funds are available and that early disbursement will support activities designed to increase employment opportunities for members of the Klamath Tribes. (3) AGREEMENTS- Any such disbursement shall be in accordance with a written agreement between the Secretary and the Klamath Tribes that provides the following: (A) For any disbursement to purchase land that is to be placed in trust pursuant to section 6 of the Klamath Indian Tribe Restoration Act (25 U.S.C. 566d), the written agreement shall specify that if assurances made do not become permanent as described in section 15.3.3 of the Restoration Agreement and on publication of a notice by the Secretary pursuant to section 15.3.4.C of the Restoration Agreement or section 10.2 of the Upper Basin Agreement, any land purchased with disbursements from the Fund shall revert back to sole ownership by the United States unless, prior to reversion, the Klamath Tribes enter into a written agreement to repay the purchase price to the United States, without interest, in annual installments over a period not to exceed 40 years. (B) For any disbursement to support economic activity and creation of tribal employment opportunities (including any rehabilitation of existing properties to support economic activities), the written agreement shall specify that if assurances made do not become permanent as described in section 15.3.3 of the Restoration Agreement and on publication of a notice by the Secretary pursuant to section 15.3.4.C of the Restoration Agreement or section 10.2 of the Upper Basin Agreement, any amounts disbursed from the Fund shall be repaid to the United States, without interest, in annual installments over a period not to exceed 40 years. (h) Prohibition- Amounts in the Fund may not be made available for any purpose other than a purpose described in this section. (i) Annual Reports- (1) IN GENERAL- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and the appropriate authorizing committees of the Senate and the House of Representatives a report on the operation of the Fund during the fiscal year. (2) CONTENTS- Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (j) No Third Party Rights- This section does not create or vest rights or benefits for any party other than the Klamath Tribes and the United States. (k) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $8,000,000 for each fiscal year, not to exceed a total amount of $40,000,000. SEC. 8. HYDROELECTRIC FACILITIES. (a) Secretarial Determination- (1) IN GENERAL- Subject to paragraph (3), in accordance with section 3 of the Hydroelectric Settlement, the Secretary shall-- (A) as soon as practicable after the date of enactment of this Act, determine whether to proceed with facilities removal, based on whether facilities removal-- (i) would advance restoration of the salmonid fisheries of the Klamath Basin; and (ii) is in the public interest, taking into account potential impacts on affected local communities and federally recognized Indian tribes; and (B) if the Secretary determines under subparagraph (A) to proceed with facilities removal, include in the determination the designation of a dam removal entity, subject to paragraph (6). (2) BASIS FOR SECRETARIAL DETERMINATION TO PROCEED- For purposes of making a determination under paragraph (1)(A), the Secretary, in cooperation with the Secretary of Commerce and other appropriate entities, shall-- (A) use existing information; (B) conduct any necessary additional studies; (C) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (D) take such other actions as the Secretary determines to be appropriate to support the determination of the Secretary under paragraph (1). (3) CONDITIONS FOR SECRETARIAL DETERMINATION TO PROCEED- The Secretary may not make or publish the determination under this subsection, unless the conditions specified in section 3.3.4 of the Hydroelectric Settlement have been satisfied. (4) PUBLICATION OF NOTICE- The Secretary shall publish notification of the determination of the Secretary under this subsection in the Federal Register. (5) JUDICIAL REVIEW OF SECRETARIAL DETERMINATION- (A) IN GENERAL- For purposes of judicial review, the determination of the Secretary shall constitute a final agency action with respect to whether or not to proceed with facilities removal. (B) PETITION FOR REVIEW- (i) FILING- (I) IN GENERAL- Judicial review of the determination of the Secretary and related actions to comply with environmental laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Historic Preservation Act (16 U.S.C. 470 et seq.)) may be obtained by an aggrieved person only as provided in this paragraph. (II) JURISDICTION- A petition for review under this paragraph may be filed only in the United States Court of Appeals for the District of Columbia Circuit or in the Ninth Circuit Court of Appeals. (III) LIMITATION- A district court of the United States and a State court shall not have jurisdiction to review the determination of the Secretary or related actions to comply with environmental laws described in subclause (I). (ii) DEADLINE- (I) IN GENERAL- Except as provided in subclause (II), any petition for review under this paragraph shall be filed not later than 60 days after the date of publication of the determination of the Secretary in the Federal Register. (II) SUBSEQUENT GROUNDS- If a petition is based solely on grounds arising after the date that is 60 days after the date of publication of the determination of the Secretary in the Federal Register, the petition for review under this subsection shall be filed not later than 60 days after the grounds arise. (C) IMPLEMENTATION- Any action of the Secretary with respect to which review could have been obtained under this paragraph shall not be subject to judicial review in any action relating to the implementation of the determination of the Secretary or in proceedings for enforcement of the Hydroelectric Settlement. (D) APPLICABLE STANDARD AND SCOPE- Judicial review of the determination of the Secretary shall be in accordance with the standard and scope of review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedure Act'). (E) NONTOLLING- The filing of a petition for reconsideration by the Secretary of an action subject to review under this subsection shall not-- (i) affect the finality of the action for purposes of judicial review; (ii) extend the time within which a petition for judicial review under this subsection may be filed; or (iii) postpone the effectiveness of the action. (6) REQUIREMENTS FOR DAM REMOVAL ENTITY- A dam removal entity designated by the Secretary under paragraph (1)(B) shall-- (A) have the capabilities for facilities removal described in section 7.1.1 of the Hydroelectric Settlement; and (B) be the Department of the Interior, except that the Secretary, consistent with section 3.3.4.E of the Hydroelectric Settlement, may designate a non-Federal dam removal entity if-- (i) the Secretary, in the sole judgment and discretion of the Secretary, finds that the dam removal entity-designate-- (I) is qualified; and (II) has the capabilities described in subparagraph (A); (ii) the States of California and Oregon have concurred in the finding under clause (i); and (iii) the dam removal entity-designate has committed, if so designated, to perform facilities removal within the State Cost Cap as described in section 4.1.3 of the Hydroelectric Settlement. (7) RESPONSIBILITIES OF DAM REMOVAL ENTITY- The dam removal entity designated by the Secretary under paragraph (1)(B) shall have the responsibilities described in section 7.1.2 of the Hydroelectric Settlement. (b) Facilities Removal- (1) APPLICABILITY- This subsection shall apply if-- (A) the determination of the Secretary under subsection (a) provides for proceeding with facilities removal; (B) the State of California and the State of Oregon concur in the determination of the Secretary, in accordance with section 3.3.5 of the Hydroelectric Settlement; (C) the availability of non-Federal funds for the purposes of facilities removal is consistent with the Hydroelectric Settlement; and (D) the Hydroelectric Settlement has not terminated in accordance with section 8.11 of the Hydroelectric Settlement. (2) NON-FEDERAL FUNDS- (A) IN GENERAL- Notwithstanding title 31, United States Code, if the Department of the Interior is designated as the dam removal entity under subsection (a)(1)(B), the Secretary may accept, manage, and expend, without further appropriation, non-Federal funds for the purpose of facilities removal in accordance with sections 4 and 7 of the Hydroelectric Settlement. (B) REFUND- The Secretary may administer and refund any amounts described in subparagraph (A) received from the State of California in accordance with the requirements established by the State. (3) AGREEMENTS- The dam removal entity may enter into agreements and contracts as necessary to assist in the implementation of the Hydroelectric Settlement. (4) PROCEEDING WITH FACILITIES REMOVAL- (A) IN GENERAL- The dam removal entity shall, consistent with the Hydroelectric Settlement-- (i) develop a definite plan for facilities removal as described in section 7 of the Hydroelectric Settlement, including a schedule for facilities removal; (ii) obtain all permits, authorizations, entitlements, certifications, and other approvals necessary to implement facilities removal, including a permit under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), notwithstanding subsection (r) of that section; and (iii) implement facilities removal. (B) STATE AND LOCAL LAWS- (i) IN GENERAL- Except as provided in clause (ii), facilities removal shall be subject to applicable requirements of State and local laws relating to permits and other authorizations, to the extent the requirements are not in conflict with Federal law, including the determination of the Secretary under subsection (a) and the definite plan (including the schedule) for facilities removal authorized under this Act. (ii) LIMITATIONS- Clause (i) shall not affect-- (I) the authorities of the States regarding concurrence with the determination of the Secretary under subsection (a) in accordance with State law; or (II) the authority of a State public utility commission regarding funding of facilities removal. (iii) JURISDICTION- The United States district courts shall have original jurisdiction over all claims regarding the consistency of State and local laws regarding permits and other authorizations, and of State and local actions pursuant to those laws, with the definite plan (including the schedule) for facilities removal authorized under this Act. (C) ACCEPTANCE OF TITLE TO FACILITIES- (i) IN GENERAL- The dam removal entity may accept from PacifiCorp all rights, titles, permits, and other interests in the facilities and associated land, for facilities removal and for disposition of facility land (as provided in section 7.6.4 of the Hydroelectric Settlement) on providing to PacifiCorp a notice that the dam removal entity is ready to commence facilities removal in accordance with section 7.4.1 of the Hydroelectric Settlement. (ii) NON-FEDERAL DAM REMOVAL ENTITY- Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801), the transfer of title to facilities from PacifiCorp to a non-Federal dam removal entity, in accordance with the Hydroelectric Settlement and this Act, is authorized. (D) CONTINUED POWER GENERATION- (i) IN GENERAL- In accordance with an agreement negotiated under clause (ii), on transfer of title pursuant to subparagraph (C) and until the dam removal entity instructs PacifiCorp to cease the generation of power, PacifiCorp may continue, consistent with State law-- (I) to generate, and retain title to, any power generated by the facilities in accordance with section 7 of the Hydroelectric Settlement; and (II) to transmit and use the power for the benefit of the customers of PacifiCorp under the jurisdiction of applicable State public utility commissions and the Commission. (ii) AGREEMENT WITH DAM REMOVAL ENTITY- As a condition of transfer of title pursuant to subparagraph (C), the dam removal entity shall enter into an agreement with PacifiCorp that provides for continued generation of power in accordance with clause (i). (5) LICENSES AND JURISDICTION- (A) ANNUAL LICENSES- (i) IN GENERAL- The Commission shall issue annual licenses authorizing PacifiCorp to continue to operate the facilities until PacifiCorp transfers title to all of the facilities. (ii) TERMINATION- The annual licenses shall terminate with respect to a facility on transfer of title for the facility from PacifiCorp to the dam removal entity. (iii) STAGED REMOVAL- (I) IN GENERAL- On transfer of title of any facility by PacifiCorp to the dam removal entity, annual license conditions shall no longer be in effect with respect to the facility. (II) NONTRANSFER OF TITLE- Annual license conditions shall remain in effect with respect to any facility for which PacifiCorp has not transferred title to the dam removal entity to the extent compliance with the annual license conditions are not prevented by the removal of any other facility. (B) JURISDICTION- The jurisdiction of the Commission under part I of the Federal Power Act (16 U.S.C. 792 et seq.) shall terminate with respect to a facility on the transfer of title for the facility from PacifiCorp to the dam removal entity. (C) RELICENSING- (i) IN GENERAL- The Commission shall-- (I) stay the proceeding of the Commission regarding the pending license application of PacifiCorp for Project No. 2082 for the period during which the Hydroelectric Settlement remains in effect; and (II) resume the proceeding and proceed to take final action on the new license application only if the Hydroelectric Settlement terminates pursuant to section 8.11 of the Hydroelectric Settlement. (D) TERMINATION; LIMITATIONS- If the Hydroelectric Settlement is terminated pursuant to section 8.11 of the Hydroelectric Settlement, the Commission, in proceedings on the application for relicensing, shall not be bound by the record or findings of the Secretary relating to the determination of the Secretary or by the determination of the Secretary. (c) Liability Protection- (1) IN GENERAL- Notwithstanding any other Federal, State, local, or common law, PacifiCorp shall not be liable for any harm to an individual or entity, property, or the environment, or any damages resulting from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (2) FUNDING- Notwithstanding any other Federal, State, local, or common law, no individual or entity contributing funds for facilities removal shall be held liable, solely by virtue of that funding, for any harm to an individual or entity, property, or the environment, or damages arising from facilities removal or facility operations arising from, relating to, or triggered by actions associated with facilities removal under this Act, including any damage caused by the release of any material or substance (including a hazardous substance). (3) PREEMPTION- Notwithstanding section 10(c) of the Federal Power Act (16 U.S.C. 803(c)), protection from liability pursuant to this section shall preempt the laws of any State to the extent the laws are inconsistent with this Act, except that this Act shall not limit any otherwise-available immunity, privilege, or defense under any other provision of law. (4) EFFECTIVE DATE- Liability protection under this subsection shall take effect as the protection relates to any particular facilities on transfer of title to the facility from PacifiCorp to the dam removal entity designated by the Secretary under subsection (a)(1)(B). (d) Facilities Not Removed- (1) KENO FACILITY- (A) TRANSFER- On notice that the dam removal entity is ready to commence removal of the J.C. Boyle Dam, the Secretary shall accept the transfer of title to the Keno Facility to the United States in accordance with section 7.5 of the Hydroelectric Settlement. (B) EFFECT OF TRANSFER- On the transfer under subparagraph (A), and without further action by Congress-- (i) the Keno Facility shall-- (I) become part of the Klamath Reclamation Project; and (II) be operated and maintained in accordance with the Federal reclamation laws and this Act; and (ii) the jurisdiction of the Commission over the Keno Facility shall terminate. (2) EAST SIDE AND WEST SIDE DEVELOPMENTS- On filing by PacifiCorp of an application for surrender of the East Side and West Side Developments in Project No. 2082, the Commission shall issue an order approving partial surrender of the license for Project No. 2082, including any reasonable and appropriate conditions, as provided in section 6.4.1 of the Hydroelectric Settlement. (3) FALL CREEK- Not later than 60 days after the date of the transfer of title to the Iron Gate Facility to the dam removal entity, the Commission shall resume timely consideration of the pending licensing application for the Fall Creek development pursuant to the Federal Power Act (16 U.S.C. 791a et seq.), regardless of whether PacifiCorp retains ownership of Fall Creek or transfers ownership to a new licensee. (4) IRON GATE HATCHERY- Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801), consistent with section 7.6.6 of the Hydroelectric Settlement title to the PacifiCorp hatchery facilities within the State of California shall be transferred to the State of California at-- (A) the time of transfer to the dam removal entity of title to the Iron Gate Dam; or (B) such other time as may be agreed to by the parties to the Hydroelectric Settlement. SEC. 9. ADMINISTRATION AND FUNDING. (a) Agreements- (1) IN GENERAL- The Secretaries may enter into such agreements (including contracts, memoranda of understanding, financial assistance agreements, cost sharing agreements, and other appropriate agreements) with State, tribal, and local government agencies or private individuals and entities as the Secretary concerned consider to be necessary to carry out this Act and the Settlements, subject to such terms and conditions as the Secretary concerned considers to be necessary. (2) TRIBAL PROGRAMS- Consistent with paragraph (1) and section 32 of the Restoration Agreement, the Secretaries shall give priority to qualified Party tribes in awarding grants, contracts, or other agreements for purposes of implementing the fisheries programs described in part III of the Restoration Agreement. (b) Establishment of Accounts- There are established in the Treasury for the deposit of appropriations and other funds (including non-Federal donated funds) the following noninterest-bearing accounts: (1) The On-Project Plan and Power for Water Management Fund, to be administered by the Bureau of Reclamation. (2) The Water Use Retirement and Off-Project Reliance Fund, to be administered by the United States Fish and Wildlife Service. (3) The Klamath Drought Fund, to be administered by the National Fish and Wildlife Foundation. (c) Management- (1) IN GENERAL- The accounts established by subsection (b) shall be managed in accordance with this Act and section 14.3 of the Restoration Agreement. (2) TRANSFERS- Notwithstanding section 1535 of title 31, United States Code, the Secretaries are authorized to enter into interagency agreements for the transfer of Federal funds between Federal programs for the purpose of implementing this Act and the Settlements. (d) Acceptance and Expenditure of Non-Federal Funds- (1) IN GENERAL- Notwithstanding title 31, United States Code, the Secretaries may accept and expend, without further appropriation, non-Federal funds, in-kind services, or property for purposes of implementing the Settlement. (2) USE- The funds and property described in paragraph (1) may be expended or used, as applicable, only for the purpose for which the funds or property were provided. (e) Funds Available Until Expended- All funds made available for the implementation of the Settlements shall remain available until expended. (f) Termination of Agreements- If any Agreement terminates-- (1) any appropriated Federal funds provided to a party that are unexpended at the time of the termination of the Agreement shall be returned to the general fund of the Treasury; and (2) any appropriated Federal funds provided to a party shall be treated as an offset against any claim for damages by the party arising under the Agreement. (g) Budget- (1) IN GENERAL- The budget of the President shall include such requests as the President considers to be necessary for the level of funding for each of the Federal agencies to carry out the responsibilities of the agencies under the Settlements. (2) CROSSCUT BUDGET- Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Director of the Office of Management and Budget shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report containing-- (A) an interagency budget crosscut report that displays the budget proposed for each of the Federal agencies to carry out the Settlements for the upcoming fiscal year, separately showing funding requested under preexisting authorities and new authorities provided by this Act; (B) a detailed accounting of all funds received and obligated by all Federal agencies responsible for implementing the Settlements; and (C) a budget for proposed actions to be carried out in the upcoming fiscal year by the applicable Federal agencies in the upcoming fiscal year. (h) Report to Congress- Not later than the date of submission of the budget of the President to Congress for each fiscal year, the Secretaries shall submit to the appropriate authorizing committees of the Senate and the House of Representatives a report that describes-- (1) the status of implementation of all of the Settlements; (2) expenditures during the preceding fiscal year for implementation of all of the Settlements; (3) the current schedule and funding levels that are needed to complete implementation of each of the Settlements; (4) achievements in advancing the purposes of complying with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) under the Settlements; (5) additional achievements in restoring fisheries under the Settlements; (6) the status of water deliveries for the preceding water year and projections for the upcoming water year for-- (A) the Klamath Project and irrigators in the Off-Project Area pursuant to the Agreements; and (B) the National Wildlife Refuges in areas covered by the Agreements; (7) the status of achieving the goals of supporting sustainable agriculture production (including the goal of limiting net power costs for water management) and general economic development in the Klamath Basin; (8) the status of achieving the goal of supporting the economic development of the Party tribes; and (9) the assessment of the Secretaries of the progress being made toward completing implementation of all of the Settlements.
S.2356 May-20-14
STATUS: May 20, 2014.--Introduced. July 23, 2014.--Hearing held by subcommittee. (56) S.2356 Mojave National Preserve Boundary Adjustment Act of 2014 (Introduced in Senate - IS) S 2356 IS 113th CONGRESS2d SessionS. 2356 To adjust the boundary of the Mojave National Preserve. IN THE SENATE OF THE UNITED STATESMay 20, 2014 Mr. HELLER (for himself, Mr. REID, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To adjust the boundary of the Mojave National Preserve. 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 `Mojave National Preserve Boundary Adjustment Act of 2014'. SEC. 2. DEFINITIONS. In this Act: (1) DIRECTOR- The term `Director' means the Director of the National Park Service. (2) PRESERVE- The term `preserve' means the Mojave National Preserve established under section 502 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa-42). (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 3. BOUNDARY ADJUSTMENT OF THE MOJAVE NATIONAL PRESERVE. (a) Land Acquisition- The Secretary shall-- (1) prior to any construction on land described in paragraph (2), acquire by donation approximately 4 acres of land within or adjacent to the boundary of the preserve to be used for mitigation for every 1 acre of land removed from the preserve under paragraph (2); and (2) on the date of enactment of this Act, transfer administrative jurisdiction of approximately 525 acres of land from the Director to the Director of the Bureau of Land Management, as generally depicted on the map entitled `Mojave National Preserve--Proposed Boundary Adjustment', numbered 170/120,846-B and dated December 2013. (b) Boundary Adjustment- The land acquired under subsection (a) shall be part of the preserve and the boundary of the preserve shall be adjusted to reflect the acquisition and transfer of administrative jurisdiction of the land under subsection (a). (c) Availability of Map- The map described in subsection (a)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Administration of Land- (1) IN GENERAL- The land acquired under subsection (a) shall be administered by the Director as part of the preserve in accordance with all applicable laws (including regulations). (2) GRAZING- (A) IN GENERAL- The Secretary shall permit cattle grazing on the land acquired under subsection (a), in accordance with applicable National Park Service laws and policies-- (i) except as provided in subparagraph (B), during the period beginning on the date on which the land is acquired and ending on the date that is 25 years after the date on which the land is acquired; and (ii) to the same extent permitted on the land referred to in subsection (a)(1) on the day before the date of enactment of this Act. (B) PERMANENT TERMINATION OF GRAZING- The authority of the Secretary granted under subparagraph (A) terminates on the day on which the period described in clause (i) of that subparagraph expires. (3) WITHDRAWAL- Subject to valid existing rights, the land transferred under subsection (a)(2) remains withdrawn from-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the general mining laws; and (C) the mining leases, mineral materials, and geothermal leasing laws. (4) REVERSIONARY CLAUSE- The land transferred under subsection (a)(2) may, at the discretion of the Director, revert back to the National Park Service to be included in the preserve if construction has not occurred on the land during the period beginning on the date on which the land is transferred and ending on the date that is 10 years after the date on which the land is transferred.
S.2346 May-15-14
STATUS: May 15, 2014.--Introduced. June 11, 2014--Mr. Cardin and Mr. Harkin added as cosponsors. June 25, 2014.--Mr. Brown added as cosponsor. June 26, 2014.--Ms. Mikulski added as cosponsor. July 23, 2014.--Hearing by subcommittee held. (56) S.2346 National Discovery Trails Act of 2014 (Introduced in Senate - IS) S 2346 IS 113th CONGRESS2d SessionS. 2346 To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 15, 2014 Mr. COONS (for himself and Mr. KIRK) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Discovery Trails Act of 2014'. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails- Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: `(5) National discovery trails, established under section 5, which will be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities. National discovery trails should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation. Any such trail may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands.'. (b) Designation of the American Discovery Trail as a National Discovery Trail- Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: `(31) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail.'. (c) Comprehensive National Discovery Trail Plan- Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: `(l)(1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: `(A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, connecting the National Trails System to significant recreation and resources areas. `(B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. `(C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. `(2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include-- `(A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; `(B) general and site-specific trail-related development including costs; and `(C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto.'. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking `scenic and historic' and inserting `scenic, historic, and discovery'; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking `AND NATIONAL HISTORIC' and inserting `, NATIONAL HISTORIC, AND NATIONAL DISCOVERY'; (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter preceding paragraph (1)-- (A) by striking `and national historic' and inserting `, national historic, and national discovery'; and (B) by striking `and National Historic' and inserting `, National Historic, and National Discovery'; (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter preceding paragraph (1), by striking `or national historic' and inserting `, national historic, or national discovery'; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking `or national historic' and inserting `, national historic, or national discovery'; (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking `and national historic' and inserting `, national historic, and national discovery'; (7) in section 7(b) (16 U.S.C. 1246(b)), by striking `or national historic' each place such term appears and inserting `, national historic, or national discovery'; (8) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking `scenic or national historic' each place it appears and inserting `scenic, national historic, or national discovery'; (B) in the second proviso, by striking `scenic, or national historic' and inserting `scenic, national historic, or national discovery'; and (C) by striking `, and national historic' and inserting `, national historic, and national discovery'; (9) in section 7(d) (16 U.S.C. 1246(d)), by striking `or national historic' and inserting `national historic, or national discovery'; (10) in section 7(e) (16 U.S.C. 1246(e)), by striking `or national historic' each place such term appears and inserting `, national historic, or national discovery'; (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking `National Scenic or Historic Trail' and inserting `national scenic, historic, or discovery trail'; (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking `or national historic' and inserting `national historic, or national discovery'; and (13) in section 7(i) (16 U.S.C. 1246(i)), by striking `or national historic' and inserting `national historic, or national discovery'.
H.Res.2337 Jun-12-13
STATUS: June 12, 2013.--Introduced in House September 10, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-196. October 29, 2013.--Passed in House by voice vote. October 30, 2013.--Referred to Senate Committee on Energy and Natural Resources. December 19, 2013.--Ordered to be reported without amendment favorably. May 22, 2014.--Reported without amendment. S.Rept. No. 113-173. May 22, 2014.--Placed on Senate Legislative Calendar [Calendar No. 399]. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. July 25, 2014.--Became Public Law 113-141. H.R.2337 Lake Hill Administrative Site Affordable Housing Act (Referred in Senate - RFS) HR 2337 RFS 113th CONGRESS1st Session H. R. 2337IN THE SENATE OF THE UNITED STATESOctober 30, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT 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). (d) Proceeds- Proceeds received from the conveyance pursuant to subsection (a) shall be available, without further appropriation and until expended, for capital improvement and maintenance of Forest Service facilities in Region 2 of the United States Forest Service. Passed the House of Representatives October 29, 2013. Attest: KAREN L. HAAS, Clerk.
S.2318 May-12-14
STATUS: May 12, 2014.--Introduced. July 23, 2014.--Hearing by subcommittee. (56) S.2318 To reauthorize the Erie Canalway National Heritage Corridor Act. (Introduced in Senate - IS) S 2318 IS 113th CONGRESS2d SessionS. 2318 To reauthorize the Erie Canalway National Heritage Corridor Act. IN THE SENATE OF THE UNITED STATESMay 12, 2014 Mrs. GILLIBRAND introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Erie Canalway National Heritage Corridor Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR. Section 804(j) of the Erie Canalway National Heritage Corridor Act (16 U.S.C. 461 note; Public Law 106-554) is amended by striking `15' and inserting `30'.
S.2298 May-07-14
STATUS: May 7, 2014.--Introduced. June 9, 2014.--Mr. Johnson added as cosponsor. June 9, 2014.--Mrs. Murray added as cosponsor. June 16, 2014.--Mr. King added as cosponsor. June 17, 2014.--Mr. Schatz added as cosponsor. June 23, 2014.--Ms. Hirono added as cosponsor. July 9, 2014.--Mrs. Feinstein added as cosponsor. September 18, 2014.--Ms. Mikulski added as cosponsor. S.2298 Wounded Veterans Recreation Act (Introduced in Senate - IS) S 2298 IS 113th CONGRESS2d SessionS. 2298 To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, and for other purposes. IN THE SENATE OF THE UNITED STATESMay 7, 2014 Mrs. SHAHEEN (for herself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for a lifetime National Recreational Pass for any veteran with a service-connected disability, 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 `Wounded Veterans Recreation Act'. SEC. 2. NATIONAL RECREATIONAL PASSES FOR DISABLED VETERANS. Section 805(b)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(b)(2)) is amended as follows: (1) By inserting `and for the lifetime of the passholder' after `without charge'. (2) By striking `charge, to' and inserting `charge, to the following:'. (3) By striking `any United States' and inserting the following: `(A) Any United States'. (4) By inserting after `residency.' the following: `(B) Any veteran with a service-connected disability, as defined in section 101 of title 38, United States Code.'. (5) By striking the last sentence.