SECTION 1. SHORT TITLE. This Act may be cited as the ``Deter Cyber Theft Act''. SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN CYBERSPACE. (a) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12- month period preceding the submission of the report that-- (A) identifies-- (i) foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the Director determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (in this section referred to as ``priority foreign countries''); (iii) technologies or proprietary information developed by United States persons that-- (I) are targeted for economic or industrial espionage in cyberspace; and (II) to the extent practicable, have been appropriated through such espionage; (iv) articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); (v) services provided using such technologies or proprietary information; and (vi) foreign entities, including entities owned or controlled by the government of a foreign country, that request, engage in, support, facilitate, or benefit from the appropriation through economic or industrial espionage in cyberspace of technologies or proprietary information developed by United States persons; (B) describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and (C) describes-- (i) actions taken by the Director and other Federal agencies to decrease the prevalence of economic or industrial espionage in cyberspace; and (ii) the progress made in decreasing the prevalence of such espionage. (2) Determination of foreign countries engaging in economic or industrial espionage in cyberspace.--For purposes of clauses (i) and (ii) of paragraph (1)(A), the Director shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country-- (A) engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or (B) facilitates, supports, fails to prosecute, or otherwise permits such espionage by-- (i) individuals who are citizens or residents of the foreign country; or (ii) entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. (3) Prioritization of collection and analysis of information.--The President shall direct the Director to make it a priority for the intelligence community to collect and analyze information in order to identify articles described in clause (iv) of paragraph (1)(A), services described in clause (v) of that paragraph, and entities described in clause (vi) of that paragraph. (4) Form of report.--Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Action by President.-- (1) In general.--Not later than 120 days after each report required by subsection (a)(1) is submitted, the President shall direct U.S. Customs and Border Protection to exclude from entry into the United States an article described in paragraph (2) if the President determines the exclusion of the article is warranted-- (A) for the enforcement of intellectual property rights; or (B) to protect the integrity of the Department of Defense supply chain. (2) Article described.--An article described in this paragraph is an article-- (A) identified under subsection (a)(1)(A)(iv); (B) produced or exported by an entity that-- (i) is owned or controlled by the government of a priority foreign country; and (ii) produces or exports articles that are the same as or similar to articles manufactured or otherwise produced using technologies or proprietary information identified under subsection (a)(1)(A)(iii); or (C) produced or exported by an entity identified under subsection (a)(1)(A)(vi). (c) Consistency With International Agreements.--This section shall be applied in a manner that is consistent with the obligations of the United States under international agreements. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Cyberspace.--The term ``cyberspace''-- (A) means the interdependent network of information technology infrastructures; and (B) includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. (3) Economic or industrial espionage.--The term ``economic or industrial espionage'' means-- (A) stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; (B) copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or (C) knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. (4) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). (5) Own.--The term ``own'', with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. (6) Person.--The term ``person'' means an individual or entity. (7) Proprietary information.--The term ``proprietary information'' means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if-- (A) the person has taken reasonable measures to keep the information confidential; and (B) the information is not generally known or readily ascertainable through proper means by the public. (8) Technology.--The term ``technology'' has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (9) Trade secret.--The term ``trade secret'' has the meaning given that term in section 1839 of title 18, United States Code. (10) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States.

Summary: Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Surgeon General Sunset Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Health of the Department of Health and Human Services. (2) Federal agency.--The term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code. (3) Function.--The term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (4) Office.--The term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (5) Office of the assistant secretary.--The term ``Office of the Assistant Secretary'' means the Office of the Assistant Secretary for Health of the Department of Health and Human Services. SEC. 3. TERMINATION AND TRANSFER OF FUNCTIONS. (a) Termination.--The Office of the Surgeon General of the Public Health Service and the position of such Surgeon General are terminated. (b) Transfer of Functions.--There are transferred to Office of the Assistance Secretary for Health all functions which the Surgeon General exercised before the date of the enactment of this Act (including all related functions of any officer or employee of the Office of the Surgeon General). SEC. 4. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET. If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under section 3. SEC. 5. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this Act, the Assistant Secretary may delegate any of the functions transferred to the Assistant Secretary by this Act and any function transferred or granted to such Assistant Secretary after the effective date of this Act to such officers and employees of the Office of the Assistant Secretary as the Assistant Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Assistant Secretary under this section or under any other provision of this Act shall relieve such Assistant Secretary of responsibility for the administration of such functions. SEC. 6. REORGANIZATION. The Assistant Secretary is authorized to allocate or reallocate any function transferred under section 3 among the officers of the Office of the Assistant Secretary, and to establish, consolidate, alter, or discontinue such organizational entities in the Office of the Assistant Secretary as may be necessary or appropriate. SEC. 7. RULES. The Assistant Secretary is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Assistant Secretary determines necessary or appropriate to administer and manage the functions of the Office of the Assistant Secretary. SEC. 8. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, shall be transferred to Office of the Assistant Secretary. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 9. INCIDENTAL TRANSFERS. (a) In General.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. (b) Termination of Affairs.--The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this Act, the transfer pursuant to this Act of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this Act. (b) Executive Schedule Positions.--Except as otherwise provided in this Act, any person who, on the day preceding the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Office of the Assistant Secretary to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (c) Termination of Certain Positions.--Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this Act, shall terminate on the effective date of this Act. SEC. 11. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, or were final before the effective date of this Act and are to become effective on or after the effective date of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Assistant Secretary or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this Act shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Office of the Surgeon General at the time this Act takes effect, with respect to functions transferred by this Act but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits Not Affected.--The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Office of the Surgeon General, or by or against any individual in the official capacity of such individual as an officer of the Office of the Surgeon General, shall abate by reason of the enactment of this Act. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Office of the Surgeon General relating to a function transferred under this Act may be continued by the Office of the Assistant Secretary with the same effect as if this Act had not been enacted. SEC. 12. SEPARABILITY. If a provision of this Act or its application to any person or circumstance is held invalid, neither the remainder of this Act nor the application of the provision to other persons or circumstances shall be affected. SEC. 13. TRANSITION. The Assistant Secretary is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Office of the Surgeon General with respect to functions transferred to the Office of the Assistant Secretary by this Act; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act. SEC. 14. REFERENCES. Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to-- (1) the Surgeon General with regard to functions transferred under section 3, shall be deemed to refer to the Assistant Secretary for Health of the Department of Health and Human Services; and (2) the Office of the Surgeon General with regard to functions transferred under section 3, shall be deemed to refer to the Office of the Assistant Secretary for Health of the Department of Health and Human Services. SEC. 15. SAVINGS. Any amounts appropriated for the Office of the Surgeon General for fiscal year 1998 and remaining available on the date of enactment of this Act shall be transferred to the Secretary of Health and Human Services and utilized to carry out child immunization programs. SEC. 16. ADDITIONAL CONFORMING AMENDMENTS. (a) Recommended Legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Assistant Secretary shall prepare and submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the changes made by this Act. (b) Submission to the Congress.--Not later than 6 months after the effective date of this Act, the Assistant Secretary shall submit the implementing bill referred to under subsection (a). (c) Repeals.--Sections 204 and 205 of the Public Health Service Act (42 U.S.C. 205 and 206) are repealed. (d) Additional Conforming Amendments.-- (1) Section 202 of the Public Health Service Act (42 U.S.C. 203) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (2) Section 206(a) of the Public Health Service Act (42 U.S.C. 207(a)) is amended-- (A) in the first sentence by striking ``The Surgeon General'' and all that follows through ``the Chief Medical Officer'' and inserting ``The Chief Medical Officer''; and (B) by striking the second sentence. SEC. 17. EFFECTIVE DATE. This Act shall be become effective on the date on which the individual who is serving as the Surgeon General on the date of enactment of this Act resigns or is terminated or the date on which the term of service of such individual as Surgeon General expires, whichever occurs first.

Summary: Office of Surgeon General Sunset Act - Terminates the Office and position of the Surgeon General of the Public Health Service, transferring the Office's functions to the Assistant Secretary for Health of the Department of Health and Human Services. Requires that the Office of Management and Budget make determinations of the functions transferred. Provides for related delegation, reorganization, rules and regulations, transfer and allocations of appropriations and personnel, other transfers, the effect on personnel, and the effect on legal documents, proceedings, and administrative actions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Infrastructure Reinvestment and Economic Revitalization Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the quality of our Nation's transportation infrastructure and the efficient movement of people and goods are directly linked to our Nation's economic productivity and competitiveness; (2) our Nation's trading partners, with whom we compete in the global economy, have invested substantial amounts of their resources into capital infrastructure investment and currently enjoy productivity growth rates that are more than triple the United States growth rate; (3) to compete in the global marketplace of the 1990's, the United States must substantially increase its level of infrastructure investment as soon as possible; (4) by allowing infrastructure investment to drop from 2.4 percent of the gross national product in the late 1960's to less than 0.3 percent in the 1980's, our Nation has neglected the foundation of economic growth; and (5) without a substantial influx of new capital, infrastructure investment will not be able to keep pace with the rapid rate of infrastructure decay that will result in crumbling roads, increasing traffic congestion, higher costs, and inadequate transit systems. (b) Purposes.--The purposes of this Act are as follows: (1) Issuance of bonds to finance massive capital infrastructure reinvestment immediately. (2) Creation of thousands of productive new jobs by initiating new rehabilitation and construction projects. (3) Stimulation of the economy and creation of economic growth by increasing the efficiency of our Nation's infrastructure and investment in its long-term maintenance. (4) Complementing the purposes of the Intermodal Surface Transportation Efficiency Act of 1991 by creating a new financing mechanism to provide a more immediate source of funds. SEC. 3. INFRASTRUCTURE REINVESTMENT FUND. (a) Revenues From Highway Trust Fund.--Subsection (c) of section 9503 of the Internal Revenue Code of 1986 (relating to Highway Trust Fund) is amended by adding at the end thereof the following new paragraph: ``(7) Infrastructure reinvestment fund.--The Secretary shall pay from time to time from the Highway Trust Fund into the Infrastructure Reinvestment Fund amounts (as determined by him) equivalent to 2.5 cents per gallon of the taxes imposed by sections 4041(a) and 4081 which are received after September 30, 1994, and before October 1, 2024.''. (b) Infrastructure Reinvestment Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. INFRASTRUCTURE REINVESTMENT FUND. ``(a) Creation of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Infrastructure Reinvestment Fund', consisting of such amounts as may be appropriated or credited to such Fund as provided in this section, section 9503(c)(7), or section 9602(b). ``(b) Transfers to Fund.--In addition to the amounts transferred under section 9503(c)(7), there are hereby appropriated to the Infrastructure Reinvestment Fund amounts equivalent to 2.5 cents per gallon of the taxes imposed by sections 4041(a) and 4081 which are received after September 30, 1994, and before October 1, 2024. ``(c) Expenditures From Fund.--Amounts in the Infrastructure Reinvestment Fund shall be available, as provided in appropriation Acts, only for purposes of carrying out section 5 of the Infrastructure Reinvestment and Economic Revitalization Act of 1993. ``(d) Infrastructure Bonds.-- ``(1) In general.--There are authorized to be appropriated to the Infrastructure Reinvestment Fund, as repayable advances, the maximum amount (less an appropriate reserve) which the Secretary estimates may be fully amortized before October 1, 2024-- ``(A) based on an amortization schedule comparable to a 30-year bond issued as part of the public debt, and ``(B) using only amounts appropriated to such Fund under subsection (b) (and interest thereon) with respect to infrastructure reinvestment taxes received in the Treasury before such date. ``(2) Repayment of advances.--Advances made to the Infrastructure Reinvestment Fund shall be repaid, and interest on such advances shall be paid, under such terms and conditions as the Secretary shall prescribe. ``(3) Final repayment.--No advance shall be made to the Infrastructure Reinvestment Fund after September 30, 2024, and all advances made to such Fund shall be repaid on or before such date. ``(4) Rate of interest.--Interest on advances made pursuant to this subsection shall be determined in accordance with section 9509(d)(3)(C).''. (2) Clerical amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Infrastructure Reinvestment Fund.''. SEC. 4. OFF-BUDGET STATUS OF FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Infrastructure Reinvestment Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (1) the budget of the United States Government as submitted by the President, (2) the congressional budget, or (3) the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 5. INFRASTRUCTURE REINVESTMENT PROGRAM. (a) Authorization of Appropriations.--There shall be available, out of the Infrastructure Reinvestment Fund, for fiscal year 1995 to the Secretary for carrying out surface transportation programs an amount equal to the aggregate amount advanced to such Fund under section 9512(d) of the Internal Revenue Code of 1986 plus interest thereon. Such sums shall remain available until expended. (b) Allocation of Funds Among Programs.--From the funds made available by subsection (a), the Secretary shall make available to carry out a surface transportation program an amount determined by multiplying-- (1) the amount of funds made available by subsection (a), and (2) the quotient of the amount of funds made available for such program for fiscal year 1993 divided by the aggregate of all funds made available for all such programs for fiscal year 1993. (c) Applicability of Apportionment Formulas and Other Provisions.-- (1) In general.--Except as otherwise provided by this Act, funds made available to a surface transportation program under subsection (b) shall be subject to apportionment, Federal share, planning, design, period of availability, and other requirements in the same manner and to the same extent as if such funds were made available, out of the Highway Trust Fund, for such program. (2) Obligation limitation.--Funds made available by subsection (a) shall not be subject to any obligation limitation. (d) Contract Authority.--Approval by the Secretary of a grant, project, or contract with funds made available by subsection (a) shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of the grant, project, or contract. SEC. 6. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Surface transportation program.--The term ``surface transportation program'' means any program or project for which funds are made available for fiscal year 1993 by or under the Intermodal Surface Transportation Efficiency Act of 1991 and any Act amended by the Intermodal Surface Transportation Efficiency Act of 1991, including title 23, United States Code, the Federal Transit Act, and the Surface Transportation Assistance Act of 1982. Such term shall not include-- (A) any project described in section 1103, 1104, 1105, 1106, 1107, or 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; and (B) the national recreation trails funding program under part B of title I of such Act.

Summary: Infrastructure Reinvestment and Economic Revitalization Act of 1993 - Amends the Internal Revenue Code to require the Secretary of the Treasury to pay from time to time from the Highway Trust Fund into the Infrastructure Reinvestment Fund Reinvestment Fund amounts equivalent to 2.5 cents per gallon of the taxes imposed on diesel and special motor fuels and on the removal, entry, or sale of gasoline between September 30, 1994, and October 1, 2024. Establishes the Infrastructure Reinvestment Fund. Makes the Fund off-budget. Authorizes appropriations from such Fund for surface transportation programs.


SECTION 1. DEFINITIONS. In this Act: (1) Advisory committee.--The term ``advisory committee'' means the advisory committee established by the Secretary under section 2(b). (2) Columbia/snake river basin.--The term ``Columbia/Snake River Basin'' means the basin of the Columbia River and Snake River in the States of Idaho, Montana, Oregon, and Washington. (3) Council.--The term ``Council'' means the Pacific Northwest Electric Power and Conservation Planning Council established under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (4) Federal agency.--The term ``Federal agency'' means-- (A) the Bonneville Power Administration in the Department of Energy; (B) the Bureau of Land Management, Bureau of Reclamation, United States Fish and Wildlife Service, and the Bureau of Indian Affairs in the Department of the Interior; (C) the National Marine Fisheries Service in the Department of Commerce; (D) the Army Corps of Engineers in the Department of the Army; (E) the Forest Service and the Natural Resource Conservation Service in the Department of Agriculture; and (F) the Environmental Protection Agency. (5) Memorandum of understanding.--The term ``memorandum of understanding'' means any written or unwritten agreement between or among 1 or more of the Federal agencies and 1 or more State or local government agencies, 1 or more Indian tribes, or 1 or more private persons or entities-- (A) concerning the manner in which any authority of a Federal agency under any law is to be exercised within the Columbia/Snake River Basin; or (B) for the purpose of formulating recommendations concerning the manner in which any such authority should be exercised. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. CONDITIONS ON MEMORANDUM OF UNDERSTANDING. (a) In General.--The Bonneville Power Administration or any other Federal agency, acting individually or with 1 or more of the other Federal agencies, shall not enter into or implement a memorandum of understanding unless all of the conditions stated in this section are met. (b) Advisory Committee.-- (1) Establishment.--The Secretary shall establish an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) to advise the Federal agencies with respect to matters to be addressed under any memorandum of understanding, including the economic and social impacts of proposed activities or recommendations. (2) Membership.--The advisory committee shall be composed of-- (A) 1 representative of the large industrial customers served directly by the Bonneville Power Administration; (B) 1 representative of the preference power customers that purchase power from the Bonneville Power Administration; (C) 1 representative of non-Federal utilities that have hydropower generation on the Columbia River or Snake River; (D) 1 irrigator that receives water diverted from a Federal water project on the Snake River; (E) 1 irrigator that receives water diverted from a Federal water project on the Columbia River or a tributary of the Columbia River (other than a tributary that is also a tributary of the Snake River); (F) 1 private forest land owner; (G) 1 representative of the commercial fishing industry; (H) 1 representative of the sport fishing industry; (I) 1 representative of the environmental community; (J) 1 representative of a river port upstream of Bonneville Dam; (K) 1 representative of shippers that ship from places upstream of any lock on the Columbia River; (L) 1 representative of persons that hold Federal grazing permits; and (M) 1 representative of county governments from each of the States of Oregon, Washington, Idaho, and Montana. (3) Manner of appointment.--The members of the advisory committee shall be appointed by the Secretary of the Interior from among persons nominated by the Governors of the States of Idaho, Montana, Oregon, and Washington. (4) Chairperson.--At the first meeting of the advisory committee, the members shall select 1 of the members to serve as chairperson, on a simple majority vote. (5) Compensation.--A member of the advisory committee shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties of the advisory committee. (6) Support.--The Secretary shall-- (A) provide such office space, furnishings and equipment as may be required to enable the advisory committee to perform its functions; and (B) furnish the advisory committee with such staff, including clerical support, as the advisory committee may require. (7) Opportunity to formulate and present views.--The advisory committee shall be afforded a reasonable opportunity to-- (A) attend each meeting convened under the memorandum of understanding; and (B) formulate and present its views on each matter addressed at the meeting. (8) Authorization of appropriations.--There is authorized to be appropriated to carry out the activities of the advisory committee a total of $1,000,000 during the period in which the advisory committee is in existence. (9) Termination.--The advisory committee shall terminate on termination of the memorandum of understanding. (c) Reconciliation of Differences.--The Director of the Office of Management and Budget shall designate an official who, at the request of a non-Federal party to any memorandum of understanding, shall have authority to reconcile differences between the Federal agencies on any issue relating to activities addressed under the memorandum of understanding. (d) Public Availability of Data and Methodologies.--Each Federal agency shall publish and make available to the public, through use of the Internet and by other means-- (1) all scientific data that are prepared by or made available to the Federal agency for use for the purpose of formulating recommendations regarding any matter addressed under any memorandum of understanding; and (2) all methodologies that are prepared by or made available to the Federal agency for the purpose of assessing the cost or benefit of any activity addressed under any memorandum of understanding. (e) Reporting by the Council.-- (1) In general.--Not later than 30 days before the beginning of each fiscal year, the Council shall submit to Congress a report that describes how the recommendations on fish and wildlife activities under any memorandum of understanding during the fiscal year will be reconciled and coordinated with activities of the Council under the Pacific Northwest Electric Power and Conservation Planning Act (16 U.S.C. 839 et seq.). (2) Cooperation.--Each Federal agency that is a party to a memorandum of understanding shall provide the Council such information and cooperation as the Council may request to enable the Council to make determinations necessary to prepare a report under paragraph (1). SEC. 3. BUDGET INFORMATION. (a) In General.--The President shall include in each budget of the United States Government for a fiscal year submitted under section 1105 of title 31, United States Code, a separate section that states for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia/Snake River Basin (including a pro rata share of overhead expenses) for the fiscal year. (b) Itemization.--The statement of budget authority and outlays for the Columbia/Snake River Basin under subsection (a) for each Federal agency shall be stated in the same degree of specificity for each category of expense as in the statement of budget authority and outlays for the entire Federal agency elsewhere in the budget.

Summary: Prescribes conditions under which the Bonneville Power Administration or any other Federal agency may enter into or implement a memorandum of understanding. Requires the Secretary of the Interior to establish an advisory committee to advise Federal agencies regarding matters addressed under any such memorandum, including the economic and social impact of proposed activities or recommendations. Instructs the Secretary to appoint committee members from among the persons nominated by the Governors of Idaho, Montana, Oregon, and Washington. Authorizes appropriations. Instructs the Director of the Office of Management and Budget, upon the request of a non-Federal party to such a memorandum, to designate an official authorized to reconcile differences between the Federal agencies on issues pertinent to the memorandum. Requires each Federal agency to make available to the public all data and methodologies prepared under such a memorandum. Directs the Pacific Northwest Electric Power and Conservation Planning Council to report annually to the Congress on how the recommendations concerning fish and wildlife activities under the current memorandum of understanding will be reconciled and coordinated with its activities under the Pacific Northwest Electric Power and Conservation Planning Act. Requires the President to include in each fiscal year budget for each Federal agency the amount of budget authority and outlays proposed to be expended in the Columbia-Snake River Basin.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Climate Policy Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) although there are significant uncertainties surrounding the science of climate change, human activities may contribute to increasing global concentrations of greenhouse gases in the atmosphere, which in turn may ultimately contribute to global climate change beyond that resulting from natural variability; (2) the characteristics of greenhouse gases and the physical nature of the climate system require that any stabilization of atmospheric greenhouse gas concentrations must be a long-term effort undertaken on a global basis; (3) since developing countries will constitute the major source of greenhouse gas emissions early in the 21st century, all nations must share in an effective international response to potential climate change; (4) environmental progress and economic prosperity are interrelated; (5) effective greenhouse gas management efforts depend on the development of long-term, cost-effective technologies and practices that can be developed, refined, and deployed commercially in an orderly manner in the United States and around the world; (6) in its present form as signed by the Administration, the Kyoto Protocol to the United Nations Framework Convention on Climate Change fails to meet the minimum conditions of Senate Resolution 98, 105th Congress, which was adopted by the Senate on July 25, 1997, by a vote of 95-0; (7) the President has not submitted the Kyoto protocol to the Senate for debate and advice and consent to ratification under article II, section 2, clause 2 of the United States Constitution and has indicated that the Administration has no intention to do so in the foreseeable future, or to implement any portion of the Kyoto protocol prior to its ratification in the Senate. (b) Purpose.--The purpose of this Act is to strengthen provisions of the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.) to-- (1) further promote voluntary efforts to reduce or avoid greenhouse gas emissions and improve energy efficiency; and (2) focus Department of Energy efforts in this area. SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE. Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is amended-- (1) in the section heading, by striking ``DIRECTOR OF CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE CHANGE''; and (2) by striking the first sentence and inserting the following: ``(a) Establishment.--There is established by this Act in the Department of Energy an Office of Global Climate Change. ``(b) Function.--The Office shall serve as a focal point for coordinating for the Secretary and Congress all departmental issues and policies regarding climate change and related matters. ``(c) Director.--The Secretary shall appoint a director of the Office, who-- ``(1) shall be compensated at no less than level IV of the Executive Schedule; ``(2) shall report to the Secretary; and ``(3) at the request of the Committees of the Senate and House of Representatives with appropriation and legislative jurisdiction over programs and activities of the Department of Energy, shall report to Congress on the activities of the Office.''; (3) in the second sentence, by striking ``The Director'' and inserting the following: ``(d) Duties.--The Director''; and (4) in subsection (c) (as designated by paragraph (2)), by striking paragraphs (2) and (3) and inserting the following: ``(2) participate, in cooperation with other federal agencies, in the development and monitoring of domestic and international policies for their effects on any kind of climate change globally and domestically and on the generation, reduction, avoidance, and sequestration of greenhouse gases; ``(3) develop and implement a balanced, scientifically sound, nonadvocacy educational and informative public awareness program on-- ``(A) potential global climate change, including any known adverse and beneficial effects on the United States and the economy of the United States and the world economy, taking into consideration whether those effects are known or expected to be temporary, long- term, or permanent; and ``(B) voluntary means and measures to mitigate or minimize significant adverse effects and, where appropriate, to adapt, to the greatest extent practicable, to climate change; ``(4) provide, consistent with applicable provisions of law (including section 1605 (b)(3)), public assess to all information on climate change, effects of climate change, and adaptation to climate change; ``(5) promote and cooperate in the research, development, demonstration, and diffusion of environmentally sound, cost- effective and commercially practicable technologies, practices and processes that avoid, sequester, control, or reduce anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol for all relevant economic sectors, including, where appropriate, the transfer of environmentally sound, cost-effective and commercially practicable technologies, practices, and processes developed with Federal funds by the Department of Energy or any of its facilities and laboratories to interested persons in the United States and to developing country Parties to the United Nations Framework Convention on Climate Change, and Parties thereto with economies in transition to market-based economies, consistent with, and subject to, any applicable Federal law, including patent and intellectual property laws, and any applicable contracts, and taking into consideration the provisions and purposes of section 1608; and ``(6) have the authority to participate in the planning activities of relevant Department of Energy programs.''. SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES. (a) Updating.--Section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385) is amended-- (1) by amending the second sentence of subsection (a) to read as follows-- ``The Administrator of the Energy Information Administration shall annually update and analyze such inventory using available data, including beginning in calendar year 2001, information collected as a result of voluntary reporting under subsection (b). The inventory shall identify for calendar year 2001 and thereafter the amount of emissions reductions attributed to those reported under subsection (b).''; (2) by amending subsection (b)(1)(B) and (C) to read as follows-- ``(B) annual reductions or avoidance of greenhouse gas emissions and sequestration and carbon fixation achieved through any measures, including agricultural activities, cogeneration, appliance efficiency, energy efficiency, forestry activities that increase carbon sequestration stocks (including the use of forest products), fuel switching, management of grasslands and drylands, manufacture or use of vehicles with reduced greenhouse gas emissions, methane recovery, ocean seeding, use of renewable energy, chlorofluorocarbon capture and replacement, and power plant heat rate improvement; and ``(C) reductions in, or avoidance of, greenhouse gas emissions achieved as a result of voluntary activities domestically, or internationally, plant or facility closings, and State or Federal requirements.''; (3) by striking in the first sentence of subsection (b)(2) the word ``entities'' and inserting ``persons or entities'' and in the second sentence of such subsection, by inserting after ``Persons'' the words ``or entities''; (4) by inserting in the second sentence of subsection (b)(4) the words ``persons or'' before ``entity''; and (5) by adding after subsection (b)(4) the following new paragraphs-- ``(5) Recognition of voluntary reductions or avoided emissions of greenhouse gases.--In order to encourage and facilitate new and increased voluntary efforts on a continuing basis, particularly by persons and entities in the private sector, to reduce global emissions of greenhouse gases, including voluntary efforts to limit, control, sequester, and avoid such emissions, the Secretary shall promptly develop and establish, after an opportunity for public comment of at least 60 days, a program of giving annual public recognition, beginning not later than January 31, 2001, to all reporting persons and entities demonstrating, pursuant to the voluntary collections and reporting guidelines issued under this section, voluntarily achieved greenhouse gases reductions, including such information reported prior to the enactment of this paragraph. Such recognition shall be based on the information certified, subject to 18 U.S.C. 1001, by such persons or entities for accuracy as provided in paragraph 2 of this subsection. At a minimum such recognition shall annually be published in the Federal Register. ``(6) Changes in guidelines to improve accuracy and reliability.-- The Secretary of Energy, through the Administrator of the Energy Information Administration, shall conduct a review, which shall include an opportunity for public comment, of what, if any, changes should be made to the guidelines established under this section regarding the accuracy and reliability of greenhouse gas reductions and related information reported under this section. Any such review shall give considerable weight to the voluntary nature of this section and to the purpose of encouraging voluntary greenhouse gas emission reductions by the private sector. Changes to be reviewed shall include the need for, and the appropriateness of-- ``(A) a random or other verification process using the authorities available to the Administrator under other provisions of law; ``(B) a range of reference cases for reporting of project- based activities in sectors, including, but not limited to, the measures specified in subparagraph (1)(B) of this subsection, and the inclusion of benchmark and default methodologies for use in the reference cases for `greenfield' projects; and ``(C) provisions to address the possibility of reporting, inadvertently or otherwise, of some or all of the same greenhouse gas emissions reductions by more than one reporting entity or person and to make corrections where necessary. The review should consider the costs and benefits of any such changes, the impacts on encouraging participation in this section, including by farmers and small businesses, and the need to avoid creating undue economic advantages or disadvantages for persons or entities of the private sector. The review should provide, where appropriate, a range of reasonable options that are consistent with the voluntary nature of this section and that will help further the purposes of this section. The review should be available in draft form for public comment at least 45 days before it is submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives. Such submittal should be made by December 31, 2000. If the Secretary, in consultation with the Administrator, finds, based on the study results, that such changes are likely to be beneficial and cost effective in improving the accuracy and reliability of reported greenhouse gas reductions and related information, are consistent with the voluntary nature of this section, and furthers the purposes of this section, the Secretary shall propose and promulgate, consistent with such finding, such guidelines, together with such findings. In carrying out the provisions of this paragraph, the Secretary shall consult with the Secretary of Agriculture and the Administrator of the Small Business Administration to facilitate greater participation by small business and farmers in this subsection for the purpose of addressing greenhouse gas emission reductions and reporting such reductions.''. (6) in subsection (c), by inserting ``the Secretary of the Department of Agriculture, the Secretary of the Department of Commerce, the Administrator of the Energy Information Administration, and'' before ``the Administrator''. (b) Guidelines.--The Secretary shall revise, after opportunity for public comment, the guidelines issued under section 1605(b) of the Energy Policy Act of 1992 to reflect the amendments made to such section 1605(b) by subsection (a)(2) through (4) of this section not later than 18 months after the date of enactment of this Act. Such revised guidelines shall specify their effective date. (c) Effective Date.--The provisions of subsection (a) (5) and (6) of this section shall be effective on the date of enactment of this Act. SEC. 5. DEFINITIONS. For the purpose of this Act and the provisions of the Energy Policy Act of 1992 (42 U.S.C. 13381, et seq.) amended by this Act, the following terms are defined as follows: ``(1) Agricultural activity.--The term `agricultural activity' means livestock production, cropland cultivation, biogas recovery and nutrient management. ``(2) Climate change.--The term `climate change' means a change of climate which is attributed directly or indirectly to human activity which is in addition to natural climate variability observed over comparable time periods. ``(3) Climate system.--The term `climate system' means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions. ``(4) Greenhouse gases.--The term `greenhouse gases' means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation. ``(5) Greenhouse gas reduction.--The term `greenhouse gas reduction' means 1 metric ton of greenhouse gas (expressed in terms of carbon dioxide equivalent) that is voluntarily certified to have been achieved under section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385). ``(6) Greenhouse gas sequestration.--The term `greenhouse gas sequestration' means extracting one or more greenhouse gases from the atmosphere or an emissions stream through a technological process designed to extract and isolate those gases from the atmosphere or an emissions stream; or the natural process of photosynthesis that extracts carbon dioxide from the atmosphere and stores it as carbon in trees, roots, stems, soils, foliage, and durable wood products. ``(7) Forest products.--The term `forest products' means all products or goods manufactured from trees. ``(8) Forestry activity.-- ``(A) In general.--The term `forestry activity' means any ownership or management action that has a discernible impact on the use and productivity of forests. ``(B) Inclusions.--Forestry activities include, but are not limited to, the establishment of trees on an area not previously forested, the establishment of trees on an area previously forested if a net carbon benefit can be demonstrated, enhanced forest management (e.g., thinning, stand improvement, fire protection, weed control, nutrient application, pest management, other silvicultural practices), forest protection or conservation if a net carbon benefit can be demonstrated, and biomass energy (using wood, grass or other biomass in lieu of fossil fuel). ``(C) Exclusions.--The term `forest activity' does not include a land use change associated with-- ``(i) an act of war; or ``(ii) an act of nature, including floods, storms, earthquakes, fires, hurricanes, and tornadoes. ``(9) Management of grasslands and drylands.--The term `management of grasslands and drylands' means seeding, cultivation, and nutrient management. ``(10) Ocean seeding.--The term `ocean seeding' means adding nutrients to oceans to enhance the biological fixation of carbon dioxide.''.

Summary: Revises requirements governing a national inventory and voluntary reporting of greenhouse gases. Instructs the Secretary of Energy to: (1) implement a program of giving annual public recognition in the Federal Register to persons and entities demonstrating voluntarily achieved greenhouse gas reductions; and (2) conduct a review of possible changes to the guidelines to improve the accuracy and reliability of greenhouse gas emission reductions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Act of 1999''. SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the designated stranding regions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; and ``(ii) data regarding average annual strandings and mortality events per region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Advisory Group.-- ``(1) In general.--The Secretary, in consultation with the Marine Mammal Commission, shall establish an advisory group in accordance with this subsection to advise the Secretary regarding the implementation of this section, including the award of grants under this section. ``(2) Membership.--The advisory group shall consist of a representative from each of the designated stranding regions and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals. ``(3) Public participation.-- ``(A) Meetings.--The advisory group shall-- ``(i) ensure that each meeting of the advisory group is open to the public; and ``(ii) provide, at each meeting of the advisory group, an opportunity for interested persons to present oral or written statements concerning items on the agenda for the meeting. ``(B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. ``(C) Minutes.--The Secretary shall keep and make available to the public minutes of each meeting of the advisory group. ``(4) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the establishment and activities of an advisory group in accordance with this subsection. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. Passed the House of Representatives September 27, 1999. Attest: JEFF TRANDAHL, Clerk.

Summary: Marine Mammal Rescue Assistance Act of 1999 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal rescue and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Directs the Secretary to establish a related advisory group. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act of 2012''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible high- quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, access for hunting and gem collecting, while protecting ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape, there is established the Clear Creek National Recreation Area in the State, to be managed by the Secretary. (b) Boundaries.--The Recreation Area shall consist of approximately 75,000 acres of Federal land in San Benito County and Fresno County, California, as generally depicted on the map entitled ``Clear Creek National Recreation Area'' and dated July 30, 2012. (c) Map.-- (1) In general.--As soon as practicable, after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) allow hiking, camping, hunting, gem collecting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated roads, trails, and areas; (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act, or by the Secretary to incorporate natural resource protection information not available in 2005, as the basis of an interim management plan to govern motorized recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; and (C) other stakeholders (including conservation and recreational organizations); (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including, but not limited to, off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (6) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (7) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (8) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (c)(3)(G) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended, without further appropriation, to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (40 C.F.R. 300), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated March 11, 2012, is designated as wilderness areas and as components of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCENIC RIVERS. 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 paragraphs: ``(208) Larious canyon.--The approximately 5.25 miles of Larious Canyon Creek from its source near Idria Peak in Section 6, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 23, R11E, T17S. ``(209) San carlos creek.--The approximately 5.51 miles of the East Fork San Carlos Creek from its source near San Benito Mountain in Section 10, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 22, R12E, T17S. ``(210) Cantua creek.--The approximately 7.68 miles of Cantua Creek from its source north of Santa Rita Peak in Section 24, R12E, T18S, to the public land boundary in Section 3, R13E, T18S. ``(211) Picacho creek.--The approximately 2.65 miles of Picacho Creek, from its source spring in Section 20, R12E, T18S, to its confluence with the San Benito River. ``(212) White creek and tributaries.-- ``(A) The approximately 5.37 miles of White Creek, from its source in Section 36, R12E, T18S, to the boundary of the Clear Creek Special Recreation Management Area in Section 17, R13E, T19S. ``(B) The approximately 2.29 miles of the unnamed tributary of White Creek from its source just south of Spanish Lake in Section 29, R13E, T18S, to its confluence with White Creek. ``(C) The approximately 2.45 miles of the unnamed tributary of White Creek from its source in Section 33, R13E, T18S, to its confluence with White Creek.''.

Summary: Clear Creek National Recreation Area and Conservation Act of 2012 - Establishes the Clear Creek National Recreation Area in California to promote environmentally responsible high-quality motorized and non-motorized trail based recreation, including off-highway vehicle use, scenic touring, and access for hunting and gem collecting, while protecting landscape resources. Instructs the Secretary to use the 2005 Clear Creek Management Area Travel Management Plan as modified by this Act or by the Secretary to incorporate natural resource protection information unavailable in 2005 as the basis for an interim management plan to govern motorized recreation in the Recreation Area. Requires the Secretary to create a comprehensive management plan for the Recreation Area within two years of enactment of this Act. Requires landowners to be provided with adequate access to inholdings within the Recreation Area. Permits livestock grazing to be allowed to continue in areas in which it is allowed. Designates specified federal lands in Fresno and San Benito Counties, California, to be known as the Joaquin Rocks Wilderness, as wilderness areas and components of the National Wilderness Preservation System. Amends the Wild and Scenic Rivers Act to add the Larious Canyon, San Carlos Creek, Cantua Creek, Picacho Creek, and White Creek and its tributaries as components of the National Wild and Scenic Rivers System.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Reform, Authorization, and Choice Improvement Act of 2015''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS. (a) Project Management.--Section 8103 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e) In the case of any super construction project (as such term is defined in section 8104(a)(4)(C)), the Secretary shall enter into an agreement with an appropriate non-Department entity to provide full project management services for the super construction project.''. (b) Application of Industry Standards.--Section 8103 of title 38, United States Code, as amended by subsection (a) is further amended by adding at the end the following new subsection: ``(f) To the maximum extent practicable, the Secretary shall use industry standards, standard designs, and best practices in carrying out the construction of medical facilities.''. (c) Limitation on Planning and Design for Super Construction Projects.--Section 8104(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) by inserting after paragraph (2) the following new paragraph (3): ``(3) The Secretary may not obligate or expend funds for advance planning or design for any super construction project, until the date that is 60 days after the date on which the Secretary submits to the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives notice of such obligation or expenditure.''; and (3) in paragraph (4), as redesignated by paragraph (1) of this subsection, by adding at the end the following new subparagraph: ``(C) The term `super construction project' means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000, but such term does not include an acquisition by exchange.''. (d) Congressional Approval of Certain Projects.-- (1) Projects that exceed specified amount.--Subsection (c) of section 8104 of title 38, United States Code, is amended to read as follows: ``(c) The Secretary may not obligate funds for a major medical facility project or a super construction project approved by a law described in subsection (a)(2) in an amount that would cause the total amount obligated for that project to exceed the amount specified in the law for that project (or would add to total obligations exceeding such specified amount) by more than 10 percent unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds.''. (2) Use of extra amounts.--Subsection (d) of such section is amended-- (A) in paragraph (2)(B), in the matter preceding clause (i), by striking ``Whenever'' and inserting ``Before''; and (B) by adding at the end the following new paragraph: ``(3) The Secretary may not obligate any funds described in paragraph (1) or amounts described in paragraph (2) before the date that is 30 days after the notification submitted under paragraph (1) or paragraph (2)(B), as the case may be, unless the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives each approve in writing the obligation of those funds or amounts.''. (3) Notification requirements.-- (A) Committees required.--Subsection (d)(1) of such section is amended by striking ``each committee'' and inserting ``the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives''. (B) Use of amounts from bid savings.--Subsection (d)(2)(B) of such section is amended by adding at the end the following new clause: ``(iv) With respect to the major construction project that is the source of the bid savings-- ``(I) the amounts already obligated or available in the project reserve for such project; ``(II) the percentage of such project that has been completed; and ``(III) the amount of such bid savings that is already obligated or otherwise being used for a purpose other than such project.''. (e) Quarterly Report on Super Construction Projects.-- (1) In general.--At the end of subchapter I of chapter 81 of title 38, United States Code, insert the following new section: ``Sec. 8120. Quarterly report on super construction projects ``(a) Quarterly Reports Required.--Not later than 30 days after the last day of each fiscal quarter the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives on the super construction projects carried out by the Secretary during such quarter. Each such report shall include, for each such project-- ``(1) the budgetary and scheduling status of the project, as of the last day of the quarter covered by the report; and ``(2) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project. ``(b) Super Construction Project Defined.--In this section, the term `super construction project' has the meaning given such term in section 8103(a)(4)(C) of this title.''. (2) Clerical amendment.--The table of sections at the beginning of the chapter is amended by adding at the end of the items relating to such subchapter the following new item: ``8120. Quarterly report on super construction projects.''. (f) Accelerated Master Planning for Each Medical Facility of the Department of Veterans Affairs.-- (1) Existing facilities.--Not later than December 31, 2016, the Secretary of Veterans Affairs shall complete a master plan described in paragraph (3) for each medical facility of the Department of Veterans Affairs. (2) New facilities.--For each medical facility of the Department for which construction is completed after the date of the enactment of this Act, the Secretary shall complete a master plan described in paragraph (3) for the facility by not later than the earlier of the following dates: (A) The date on which activation is completed. (B) The date of the formal dedication of the facility. (3) Master plan described.--A master plan described in this paragraph is, with respect to a medical facility of the Department, a plan to inform investment decisions and funding requests over a 10-year period for construction projects at such medical facility-- (A) to meet the health care needs of a changing veteran population through a combination of health care from the Department and other community resources; and (B) to maximize the best use of the land and structures comprising such medical facility. SEC. 3. CLARIFICATION OF DISTANCE REQUIREMENT FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) in subparagraph (B), by inserting ``(as calculated based on distance traveled)'' after ``40 miles''; and (2) in subparagraph (D)(ii), by striking subclause (II), and inserting the following new subclause (II): ``(II) faces an unusual or excessive burden in traveling to such a medical facility of the Department based on-- ``(aa) geographical challenges; ``(bb) environmental factors, such as roads that are not accessible to the general public, traffic, or hazardous weather; ``(cc) a medical condition that impacts the ability to travel; or ``(dd) other factors, as determined by the Secretary.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to care or services provided on or after such date. SEC. 4. MODIFICATION OF AUTHORIZATION OF FISCAL YEAR 2008 MAJOR MEDICAL FACILITY PROJECT AT DEPARTMENT MEDICAL CENTER IN TAMPA, FLORIDA. In chapter 3 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2326), in the matter under the heading ``Department of Veterans Affairs-Departmental Administration- Construction, Major Projects'', after ``Five Year Capital Plan'' insert the following: ``and for constructing a new bed tower at the Department of Veterans Affairs medical center in Tampa, Florida, in lieu of providing bed tower upgrades at such medical center''. SEC. 5. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MEDICAL FACILITY PROJECTS. (a) Authorization.--The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2015, with each project to be carried out in an amount not to exceed the amount specified for that project: (1) Construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York, in an amount not to exceed $158,980,000. (2) Seismic corrections to the mental health and community living center in Long Beach, California, in an amount not to exceed $126,100,000. (3) Seismic correction of 12 buildings in West Los Angeles, California, in an amount not to exceed $70,500,000. (4) Construction of a spinal cord injury building and seismic corrections in San Diego, California, in an amount not to exceed $205,840,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2015 or the year in which funds are appropriated for the Construction, Major Projects, account, a total of $561,420,000 for the projects authorized in subsection (a). SEC. 6. PERMANENT AUTHORITY FOR EXPANDED AVAILABILITY OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is amended-- (1) by striking subsection (p); and (2) by redesignating subsections (q) through (s) as subsections (p) through (r), respectively. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (i)(2), by striking ``is authorized to carry out this section pursuant to subsection (p)'' and inserting ``carries out this section''; and (2) in subsection (q)(2), by striking subparagraph (F). SEC. 7. SENSE OF CONGRESS REGARDING VETERANS CHOICE FUND. Section 802(e) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1803) is amended by striking ``for each of fiscal years 2015 through 2017''.

Summary: Construction Reform, Authorization, and Choice Improvement Act of 2015 This bill requires the Department of Veterans Affairs (VA) to: (1) enter into an agreement with an appropriate non-VA entity to provide full project management services for a super construction project; and (2) use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange). The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees each approve the obligation, and using bid savings amounts or funds for other than their original purpose before 30 days after notifying such committees unless each committee approves the obligation. The VA must complete a master plan for each VA medical facility meeting specified requirements to inform investment decisions and funding requests over a 10-year period for construction projects at the facility. The 40-mile distance requirement for a veteran to use a non-VA medical facility under the veterans choice program of the Veterans Access, Choice, and Accountability Act of 2014 means 40 miles calculated on the basis of distance traveled. The VA may carry out the following major medical facility projects in FY2015 (with each project not to exceed specified amounts): construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York; seismic corrections to the mental health and community living center in Long Beach, California; seismic correction of 12 buildings in West Los Angeles, California; and construction of a spinal cord injury building and seismic corrections in San Diego, California. VA authority to make medical services and hospital care available for eligible veterans through agreements with non-VA entities shall now be permanent. The sense of Congress regarding the Veterans Choice Fund is revised.


SECTION 1. DIVIDENDS OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph), increased by qualified dividend income. ``(B) Qualified dividend income.--For purposes of this paragraph-- ``(i) In general.--The term `qualified dividend income' means dividends received from domestic corporations during the taxable year. ``(ii) Certain dividends excluded.--Such term shall not include-- ``(I) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(II) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and ``(III) any dividend described in section 404(k). ``(iii) Minimum holding period.--Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met. ``(C) Special rules.-- ``(i) Amounts taken into account as investment income.--Qualified dividend income shall not include any amount which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(ii) Nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(I) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of amounts which are effectively connected with the conduct of a trade or business within the United States, and ``(II) in determining the tax imposed for the taxable year pursuant to section 877. ``(iii) Treatment of dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of dividends from regulated investment companies and real estate investment trusts, see sections 854 and 857.'' (b) Exclusion of Dividends From Investment Income.--Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining net investment income) is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.'' (c) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of the Internal Revenue Code of 1986 (relating to dividends received from regulated investment companies) is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code (relating to other dividends) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the aggregate dividends received by a regulated investment company during any taxable year is less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.'' (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (d) Treatment of Dividends Received From Real Estate Investment Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating to restrictions applicable to dividends received from real estate investment trusts) is amended to read as follows: ``(c) Restrictions Applicable To Dividends Received From Real Estate Investment Trusts.--For purposes of section 1(h)(13) (relating to maximum rate of tax on dividends) and section 243 (relating to deductions received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered a dividend.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Summary: Amends the Internal Revenue Code to provide that dividend income shall be taxed as net capital gain.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Sand Dunes National Recreation Area Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in Washington County in the State. (2) Map.--The term ``map'' means the map prepared by the Bureau of Land Management entitled ``Hurricane Sand Dunes National Recreation Area'' and dated November 14, 2014. (3) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as State land. (4) Proposed exchange parcel.--The term ``proposed exchange parcel'' means the approximately 1,205 acres of Bureau of Land Management land identified on the map as ``Proposed Exchange Parcel''. (5) Recreation area.--The term ``Recreation Area'' means the Hurricane Sand Dunes National Recreation Area established by section 3(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Utah. SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH. (a) Designation.--There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for-- (1) the enhancement of recreational uses; and (2) the use of off-highway vehicles. (b) Boundary.-- (1) In general.--The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as ``Open OHV Area''. (2) Exclusion.--The proposed exchange parcel shall be excluded from the Recreation Area. (c) Administration of Recreation Area and Proposed Exchange Parcel.--The Secretary, acting through the Director of the Bureau of Land Management, shall-- (1) administer the Recreation Area and proposed exchange parcel-- (A) in accordance with-- (i) the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and (ii) applicable land use plans; and (B) consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and (2) only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a). (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area. (f) Use of Off-Highway Vehicles.--The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; or (ii) by adding additional State land to the non-Federal land to be conveyed. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State. (f) Status and Management of Non-Federal Land.--On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered by the Secretary as part of, the Recreation Area.

Summary: Hurricane Sand Dunes National Recreation Area Act of 2014 - Establishes the Hurricane Sand Dunes National Recreation Area in Utah to provide for the enhancement of recreational uses and the use of off-highway vehicles. Provides for the conveyance of federal lands in Washington County in an equal-value exchange for certain state lands identified on a Bureau of Land Management (BLM) map for the area dated November 14, 2014.