S.Amdt. 2858Senate112th Congress (2011-2013)
S.Amdt. 2858
Sponsored by 
Sen. Orrin G. Hatch (R-UT)
Sen. Orrin G. Hatch (R-UT)Submitted September 21, 2012
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
SA 2858. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill S. 3525, to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other purposes;
which was ordered to lie on the table.
At the end, add the following:
TITLE III--PUTTING THE GULF OF MEXICO BACK TO WORK
SEC. 301. SHORT TITLE.
This title may be cited as the ``Putting the Gulf of Mexico
Back to Work Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under
section 702 of title 5, United States Code, regarding agency
action (as defined for the purposes of that section)
affecting a covered energy project in the Gulf of Mexico.
(2) Covered energy project.--
(A) In general.--The term ``covered energy project'' means
the leasing of Federal land of the outer Continental Shelf
for the exploration, development, production, processing, or
transmission of oil, natural gas, wind, or any other source
of energy in the Gulf of Mexico, and any action under a
lease.
(B) Exclusion.--The term ``covered energy project'' does
not include any dispute between the parties to a lease
regarding the obligations under the lease, including any
alleged breach of the lease.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
Subtitle A--Outer Continental Shelf Land
SEC. 311. DRILLING PERMITS.
Section 11 of the Outer Continental Shelf Lands Act (43
U.S.C. 1340) is amended by striking subsection (d) and
inserting the following:
``(d) Drilling Permits.--
``(1) In general.--The Secretary shall by regulation
require that any lessee operating under an approved
exploration plan--
``(A) obtain a permit before drilling any well in
accordance with the plan; and
``(B) obtain a new permit before drilling any well of a
design that is significantly different than the design for
which the existing permit was issued.
``(2) Safety review required.--The Secretary shall not
issue a permit under paragraph (1) without ensuring that the
proposed drilling operations meet all--
``(A) critical safety system requirements, including
blowout prevention; and
``(B) oil spill response and containment requirements.
``(3) Timeline.--
``(A) In general.--The Secretary shall determine whether to
issue a permit under paragraph (1) not later than 30 days
after the date on which the Secretary receives the
application for a permit.
``(B) Extension of time.--
``(i) In general.--The Secretary may extend the period in
which to consider an application for a permit for up to 2
periods of 15 days each if the Secretary has given written
notice of the delay to the applicant.
``(ii) Notice.--The notice described in clause (i) shall--
``(I) be in the form of a letter from the Secretary or a
designee of the Secretary; and
[[Page S6640]]
``(II) include--
``(aa) the name and title of each individual processing the
application;
``(bb) the reason for the delay; and
``(cc) the date on which the Secretary expects to make a
final decision on the application.
``(4) Denial of application.--If the Secretary denies the
application, the Secretary shall provide the applicant--
``(A) a written statement that provides clear and
comprehensive reasons why the application was not accepted
and detailed information concerning any deficiency; and
``(B) an opportunity to remedy any deficiencies.
``(5) Failure to make decision within 60 days.--If the
Secretary does not make a decision on the application by the
date that is 60 days from the date on which the Secretary
receives the application, the application shall be considered
approved.''.
Subtitle B--Judicial Review of Agency Actions Relating to Outer
Continental Shelf Activities in Gulf of Mexico
SEC. 322. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING
TO COVERED ENERGY PROJECTS IN GULF OF MEXICO.
A covered civil action shall be brought only in a judicial
district in the Fifth Circuit unless there is no district in
that circuit in which the action may be brought.
SEC. 323. TIME LIMITATION ON FILING.
A covered civil action is barred unless the action is filed
not later than the date that is 60 days after the date of the
final Federal agency action.
SEC. 324. EXPEDITION IN HEARING AND DETERMINING ACTION.
A court shall endeavor to hear and determine any covered
civil action as expeditiously as practicable.
SEC. 325. STANDARD OF REVIEW.
(a) In General.--In any judicial review of a covered civil
action, administrative findings and conclusions relating to
the challenged Federal action or decision shall be presumed
to be correct.
(b) Standard.--The presumption described in subsection (a)
may be rebutted only by a preponderance of the evidence
contained in the administrative record.
SEC. 326. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, a court shall not grant or
approve any prospective relief unless the court finds that
the relief is narrowly drawn, extends no further than
necessary to correct the violation of a legal requirement,
and is the least intrusive means necessary to correct that
violation.
SEC. 327. LIMITATION ON ATTORNEYS' FEES.
(a) In General.--Sections 504 of title 5 and 2412 of title
28, United States Code, do not apply to a covered civil
action.
(b) Payment From Federal Government.--No party to a covered
civil action shall receive from the Federal Government
payment for attorneys' fees, expenses, and other court costs.
TITLE IV--RESTARTING AMERICAN OFFSHORE LEASING NOW
SEC. 401. SHORT TITLE.
This title may be cited as the ``Restarting American
Offshore Leasing Now Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Environmental impact statement for the 2007-2012 5-year
ocs plan.--The term ``environmental impact statement for the
2007-2012 5-Year OCS plan'' means the final environmental
impact statement prepared by the Secretary entitled ``Outer
Continental Shelf Oil and Gas Leasing Program: 2007-2012'',
and dated April 2007.
(2) Multisale environmental impact statement.--The term
``multisale environmental impact statement'' means the
environmental impact statement prepared by the Secretary
relating to proposed Western Gulf of Mexico OCS Oil and Gas
Lease Sales 204, 207, 210, 215, and 218, and proposed Central
Gulf of Mexico OCS Oil and Gas Lease Sales 205, 206, 208,
213, 216, and 222, and dated September 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 403. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 216 IN CENTRAL GULF OF MEXICO.
(a) In General.--As soon as practicable, but not later than
60 days after the date of enactment of this Act, the
Secretary shall conduct offshore oil and gas Lease Sale 216
under section 8 of the Outer Continental Shelf Lands Act (33
U.S.C. 1337) .
(b) Environmental Review.--For the purposes of the lease
sale described in subsection (a), the environmental impact
statement for the 2007-2012 5-Year OCS plan and the multisale
environmental impact statement shall be considered to satisfy
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 404. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 220 ON OUTER CONTINENTAL SHELF OFFSHORE
VIRGINIA.
(a) In General.--As soon as practicable, but not later than
1 year after the date of enactment of this Act, the Secretary
shall conduct offshore oil and gas Lease Sale 220 under
section 8 of the Outer Continental Shelf Lands Act (33 U.S.C.
1337).
(b) Environmental Review.--For the purposes of the lease
sale described in subsection (a), the environmental impact
statement for the 2007-2012 5-Year OCS plan and the multisale
environmental impact statement shall be considered to satisfy
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 405. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE
SALE 222 IN CENTRAL GULF OF MEXICO.
(a) In General.--As soon as practicable, but not later than
60 days after the date of enactment of this Act, the
Secretary shall conduct offshore oil and gas Lease Sale 222
under section 8 of the Outer Continental Shelf Lands Act (33
U.S.C. 1337).
(b) Environmental Review.--For the purposes of the lease
sale described in subsection (a), the environmental impact
statement for the 2007-2012 5-Year OCS plan and the multisale
environmental impact statement shall be considered to satisfy
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
TITLE V--REVERSING PRESIDENT OBAMA'S OFFSHORE MORATORIUM
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reversing President
Obama's Offshore Moratorium Act''.
SEC. 502. OUTER CONTINENTAL SHELF LEASING PROGRAM.
Section 18(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1344(a)) is amended by adding at the end the
following:
``(5)(A) In each oil and gas leasing program under this
section, the Secretary shall make available for leasing and
conduct lease sales that include--
``(i) at least 50 percent of the available unleased acreage
within each outer Continental Shelf planning area considered
to have the largest undiscovered, technically recoverable oil
and gas resources (on a total btu basis) based upon the most
recent national geological assessment of the outer
Continental Shelf, with an emphasis on offering the most
geologically prospective parts of the planning area; and
``(ii) any State subdivision of an outer Continental Shelf
planning area that the Governor of the State that represents
that subdivision requests be made available for leasing.
``(B) In this paragraph, the term `available unleased
acreage' means that portion of the outer Continental Shelf
that is not under lease at the time of a proposed lease sale,
and that has not otherwise been made unavailable for leasing
by law.
``(6)(A) For the 2012-2017 5-year oil and gas leasing
program, the Secretary shall make available for leasing any
outer Continental Shelf planning areas that are estimated to
contain more than--
``(i) 2,500,000,000 barrels of oil; or
``(ii) 7,500,000,000,000 cubic feet of natural gas.
``(B) To determine the planning areas described in
subparagraph (A), the Secretary shall use the document
entitled `Minerals Management Service Assessment of
Undiscovered Technically Recoverable Oil and Gas Resources of
the Nation's Outer Continental Shelf, 2006'.''.
SEC. 503. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.
Section 18 of the Outer Continental Shelf Lands Act (43
U.S.C. 1344) is amended by striking subsection (b) and
inserting the following:
``(b) Domestic Oil and Natural Gas Production Goal.---
``(1) In general.--In developing a 5-year oil and gas
leasing program, subject to paragraph (2), the Secretary
shall determine a domestic strategic production goal for the
development of oil and natural gas as a result of that
program, which goal shall be--
``(A) the best estimate of the practicable increase in
domestic production of oil and natural gas from the outer
Continental Shelf;
``(B) focused on meeting domestic demand for oil and
natural gas and reducing the dependence of the United States
on foreign energy; and
``(C) focused on the production increases achieved by the
leasing program at the end of the 15-year period beginning on
the effective date of the program.
``(2) 2012-2017 program goal.--For purposes of the 2012-
2017 5-year oil and gas leasing program, the production goal
referred to in paragraph (1) shall be an increase by 2027 of
not less than--
``(A) 3,000,000 barrels in the quantity of oil produced per
day; and
``(B) 10,000,000,000 cubic feet in the quantity of natural
gas produced per day.
``(3) Reporting.--Beginning at the end of the 5-year period
for which the program applies and annually thereafter, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the progress
of the program in meeting the production goal that includes
an identification of projections for production and any
problems with leasing, permitting, or production that will
prevent meeting the goal.''.
TITLE VI--JOBS AND ENERGY PERMITTING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Jobs and Energy Permitting
Act of 2012''.
SEC. 602. AIR QUALITY MEASUREMENT.
Section 328(a)(1) of the Clean Air Act (42 U.S.C.
7627(a)(1)) is amended in the second sentence by inserting
before the period at the end the following: ``, except that
any air quality impact of any OCS source shall be
[[Page S6641]]
measured or modeled, as appropriate, and determined solely
with respect to the impacts in the corresponding onshore
area''.
SEC. 603. OCS SOURCE.
Section 328(a)(4)(C) of the Clean Air Act (42 U.S.C.
7627(a)(4)(C)) is amended in the second sentence of the
matter following clause (iii) by striking ``shall be
considered direct emissions from the OCS source'' and
inserting ``shall be considered direct emissions from the OCS
source but shall not be subject to any emission control
requirement applicable to the source under subpart 1 of part
C of title I of this Act. For platform or drill ship
exploration, an OCS source is established at the point in
time when drilling commences at a location and ceases to
exist when drilling activity ends at the location or is
temporarily interrupted because the platform or drill ship
relocates for weather or other reasons''.
SEC. 604. PERMITS.
(a) Permits.--Section 328 of the Clean Air Act (42 U.S.C.
7627) is amended by adding at the end the following:
``(d) Permit Application.--In the case of a completed
application for a permit under this Act for platform or drill
ship exploration for an OCS source--
``(1) final agency action (including any reconsideration of
the issuance or denial of such a permit) shall be taken not
later than 180 days after the date on which the completed
application is filed;
``(2) the Environmental Appeals Board of the Environmental
Protection Agency shall have no authority to consider any
matter regarding the consideration, issuance, or denial of
the permit;
``(3) no administrative stay of the effectiveness of the
permit may extend beyond the date that is 180 days after the
date on which the completed application is filed;
``(4) that final agency action shall be considered to be
nationally applicable under section 307(b); and
``(5) judicial review of that final agency action shall be
available only in accordance with section 307(b) without
additional administrative review or adjudication.''.
(b) Conforming Amendment.--Section 328(a)(4) of the Clean
Air Act (42 U.S.C. 7627(a)(4)) is amended by striking ``For
purposes of subsections (a) and (b) of this section--'' and
inserting ``For purposes of subsections (a), (b), and (d):''.
TITLE VII--SACRAMENTO-SAN JOAQUIN VALLEY WATER RELIABILITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Sacramento-San Joaquin
Valley Water Reliability Act''.
Subtitle A--Central Valley Project Water Reliability
SEC. 711. AMENDMENT TO PURPOSES.
Section 3402 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4706) is amended--
(1) in subsection (f), by striking the period at the end;
and
(2) by adding at the end the following:
``(g) to ensure that water dedicated to fish and wildlife
purposes by this title is replaced and provided to Central
Valley Project water contractors not later than December 31,
2016, at the lowest cost reasonably achievable; and
``(h) to facilitate and expedite water transfers in
accordance with this title.''.
SEC. 712. AMENDMENT TO DEFINITION.
Section 3403 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4707) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) the term `anadromous fish' means those native stocks
of salmon (including steelhead) and sturgeon that--
``(1) as of October 30, 1992, were present in the
Sacramento and San Joaquin Rivers and the tributaries of the
Sacramento and San Joaquin Rivers; and
``(2) ascend those rivers and tributaries to reproduce
after maturing in San Francisco Bay or the Pacific Ocean;'';
(2) by redesignating subsections (i) through (m) as
subsections (j) through (n), respectively; and
(3) by inserting after subsection (h) the following:
``(i) the term `reasonable flows' means water flows capable
of being maintained taking into account competing consumptive
uses of water and economic, environmental, and social
factors.''.
SEC. 713. CONTRACTS.
Section 3404 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4708) is amended to read as
follows:
``SEC. 3404. CONTRACTS.
``(a) Renewal of Existing Long-term Contracts.--On request
of the contractor, the Secretary shall renew any existing
long-term repayment or water service contract that provides
for the delivery of water from the Central Valley Project for
a period of 40 years.
``(b) Administration of Contracts.--Except as expressly
provided by this title, any existing long-term repayment or
water service contract for the delivery of water from the
Central Valley Project shall be administered pursuant to the
Act of July 2, 1956 (chapter 492; 70 Stat. 483).
``(c) Delivery Charge.--Beginning on the date of enactment
of this Act, a contract entered into or renewed pursuant to
this section shall include a provision that requires the
Secretary to charge any other party to the contract only for
water actually delivered by the Secretary.''.
SEC. 714. WATER TRANSFERS, IMPROVED WATER MANAGEMENT, AND
CONSERVATION.
Section 3405 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4709) is amended--
(1) in subsection (a)--
(A) in the second sentence, by striking ``Except as
provided herein'' and inserting ``The Secretary shall take
all actions necessary to facilitate and expedite transfers of
Central Valley Project water in accordance with this title or
any other provision of Federal reclamation law and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.). Except as provided in this subsection,'';
(B) in paragraph (1)(A), by striking ``to combination'' and
inserting ``or combination'';
(C) in paragraph (2), by adding at the end the following:
``(E) Written transfer proposals.--
``(i) In general.--The contracting district from which the
water is supplied, the agency, or the Secretary, as
applicable, shall determine whether a written transfer
proposal is complete not later than 45 days after the date on
which the proposal is submitted.
``(ii) Determination.--If the contracting district, the
agency, or the Secretary determines that the proposal
described in clause (i) is incomplete, the contracting
district, agency, or Secretary shall state, in writing and
with specificity, the conditions under which the proposal
would be considered complete.
``(F) No mitigation requirements.--
``(i) In general.--Except as provided in this section, the
Secretary shall not impose mitigation or other requirements
on a proposed transfer.
``(ii) Applicability.--This section shall have no effect on
the authority of the contracting district from which the
water is supplied or the agency under State law to approve or
condition a proposed transfer.''; and
(D) by adding at the end the following:
``(4) Applicability.--Notwithstanding any other provision
of Federal reclamation law--
``(A) the authority to transfer, exchange, bank, or make
recharging arrangements using Central Valley Project water
that could have been carried out before October 30, 1992, is
valid, and those transfers, exchanges, or arrangements shall
not be subject to, limited, or conditioned by this title; and
``(B) this title does not supersede or revoke the authority
to transfer, exchange, bank, or recharge Central Valley
Project water in effect before October 30, 1992.'';
(2) in subsection (b)--
(A) in the heading, by striking ``METERING'' and inserting
``MEASUREMENT'';
(B) in the first sentence, by striking ``All Central
Valley'' and inserting the following:
``(1) In general.--All Central Valley'';
(C) in the second sentence, by striking ``The contracting
district'' and inserting the following:
``(3) Annual report.--The contracting district''; and
(D) by inserting after paragraph (1) (as designated by
subparagraph (B)) the following:
``(2) Measurement requirements.--The contracting district
or agency, not including contracting districts serving
multiple agencies with separate governing boards, shall
ensure that all contractor-owned water delivery systems
within the boundaries of the contracting district or agency
measure surface water at the facilities of the contracting
district or agency up to the point at which the surface water
is commingled with other water supplies.'';
(3) by striking subsection (d);
(4) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively; and
(5) by striking subsection (e) (as redesignated by
paragraph (4)) and inserting the following:
``(e) Increased Revenues.--All revenues received by the
Secretary that exceed the cost-of-service rates applicable to
the delivery of water transferred from irrigation use to
municipal and industrial use under subsection (a) shall be
covered to the Restoration Fund.''.
SEC. 715. FISH, WILDLIFE, AND HABITAT RESTORATION.
Section 3406 of the Central Valley Project Improvement Act
(Public Law 102-575; 106 Stat. 4714) is amended--
(1) in subsection (b)--
(A) by striking paragraph (1)(B) and inserting the
following:
``(B) Administration.--
``(i) In general.--As needed to carry out the goals of the
Central Valley Project, the Secretary may modify Central
Valley Project operations to provide reasonable flows of
suitable quality, quantity, and timing to protect all life
stages of anadromous fish.
``(ii) Requirements.--The flows under clause (i) shall be
provided from the quantity of water dedicated to fish,
wildlife, and habitat restoration purposes under paragraph
(2) from the water supplies acquired pursuant to paragraph
(3) and from other sources which do not conflict with
fulfillment of the remaining contractual obligations of the
Secretary to provide Central Valley Project water for other
authorized purposes.
``(iii) Determination of needs.--The Secretary shall
determine the instream reasonable flow needs for all Central
Valley Project controlled streams and rivers based on
recommendations of the United States Fish and Wildlife
Service and the National Marine
[[Page S6642]]
Fisheries Service after consultation with the United States
Geological Survey.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)--
(I) in the first sentence, by striking ``primary purpose''
and inserting ``purposes'';
(II) by striking ``but not limited to additional
obligations under the Federal Endangered Species Act'' and
inserting ``additional obligations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.)''; and
(III) by adding at the end the following: ``All Central
Valley Project water used for the purposes specified in this
paragraph shall be credited to the quantity of Central Valley
Project yield dedicated and managed under this paragraph by
determining how the dedication and management of that water
would affect the delivery capability of the Central Valley
Project yield. To the maximum extent practicable and in
accordance with section 3411, Central Valley Project water
dedicated and managed pursuant to this paragraph shall be
reused to fulfill the remaining contractual obligations of
the Secretary to provide Central Valley Project water for
agricultural or municipal and industrial purposes.''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) Mandatory reduction.--If on March 15 of a given year,
the quantity of Central Valley Project water forecasted to be
made available to water service or repayment contractors in
the Delta Division of the Central Valley Project is less than
75 percent of the total quantity of water to be made
available under those contracts, the quantity of Central
Valley Project yield dedicated and managed for that year
under this paragraph shall be reduced by 25 percent.''; and
(2) by adding at the end the following:
``(i) Satisfaction of Purposes.--In carrying out this
section, the Secretary shall be considered to have met the
mitigation, protection, restoration, and enhancement purposes
of this title.''.
SEC. 716. RESTORATION FUND.
(a) In General.--Section 3407(a) of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4726)
is amended--
(1) by striking ``There is hereby'' and inserting the
following:
``(1) Establishment.--
``(A) In general.--There is'';
(2) in paragraph (1)(A) (as designated by paragraph (1)),
by striking ``Not less than 67 percent'' and all that follows
through ``Monies'' and inserting the following:
``(B) Use of donated amounts.--Amounts''; and
(3) by adding at the end the following:
``(2) Restrictions.--The Secretary may not directly or
indirectly require a donation or other payment (including
environmental restoration or mitigation fees not otherwise
provided by law) to the Restoration Fund--
``(A) as a condition of--
``(i) providing for the storage or conveyance of non-
Central Valley Project water pursuant to Federal reclamation
laws; or
``(ii) the delivery of water pursuant to section 215 of the
Reclamation Reform Act of 1982 (Public Law 97-293; 96 Stat.
1270); or
``(B) for any water that is delivered with the sole intent
of groundwater recharge.''.
(b) Certain Payments.--Section 3407(c)(1) of the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4726) is amended--
(1) by striking ``mitigation and restoration payments, in
addition to charges provided for or'' and inserting
``payments, in addition to charges''; and
(2) by striking ``of fish, wildlife'' and all that follows
through the period and inserting ``of carrying out this
title.''.
(c) Adjustment and Assessment of Mitigation and Restoration
Payments.--Section 3407(d) of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4727) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``, and $12 per acre-foot (October 1992
price levels) for municipal and industrial water sold and
delivered by the Central Valley Project'' and inserting ``$12
per acre-foot (October 1992 price levels) for municipal and
industrial water sold and delivered by the Central Valley
Project, and after October 1, 2013, $4 per megawatt-hour for
Central Valley Project power sold to power contractors
(October 2013 price levels)''; and
(B) by inserting `` but not later than December 31, 2020,''
after ``That upon the completion of the fish, wildlife, and
habitat mitigation and restoration actions mandated under
section 3406 of this title,''; and
(2) by adding at the end the following:
``(g) Report on Expenditure of Funds.--
``(1) In general.--For each fiscal year, the Secretary, in
consultation with the Advisory Board, shall submit to
Congress a plan for the expenditure of all of the funds
deposited in the Restoration Fund during the preceding fiscal
year.
``(2) Contents.--The plan shall include an analysis of the
cost-effectiveness of each expenditure.
``(h) Advisory Board.--
``(1) Establishment.--There is established the Restoration
Fund Advisory Board (referred to in this section as the
`Advisory Board'), which shall be composed of 12 members
appointed by the Secretary.
``(2) Membership.--
``(A) In general.--The Secretary shall appoint members to
the Advisory Board that represent the various Central Valley
Project stakeholders, of whom--
``(i) 4 members shall be agricultural users of the Central
Valley Project;
``(ii) 3 members shall be municipal and industrial users of
the Central Valley Project;
``(iii) 3 members shall be power contractors of the Central
Valley Project; and
``(iv) 2 members shall be appointed at the discretion of
the Secretary.
``(B) Observers.--The Secretary and the Secretary of
Commerce may each designate a representative to act as an
observer of the Advisory Board.
``(C) Chairman.--The Secretary shall appoint 1 of the
members described in subparagraph (A) to serve as Chairman of
the Advisory Board.
``(3) Terms.--The term of each member of the Advisory Board
shall be for a period of 4 years.
``(4) Duties.--The duties of the Advisory Board are--
``(A) to meet not less frequently than semiannually to
develop and make recommendations to the Secretary regarding
priorities and spending levels on projects and programs
carried out under this title;
``(B) to ensure that any advice given or recommendation
made by the Advisory Board reflects the independent judgment
of the Advisory Board;
``(C) not later than December 31, 2013, and annually
thereafter, to submit to the Secretary and Congress the
recommendations under subparagraph (A); and
``(D) not later than December 31, 2013, and biennially
thereafter, to submit to Congress a report that details the
progress made in achieving the actions required under section
3406.
``(5) Administration.--With the consent of the appropriate
agency head, the Advisory Board may use the facilities and
services of any Federal agency.''.
SEC. 717. ADDITIONAL AUTHORITIES.
(a) Authority for Certain Activities.--Section 3408 of the
Central Valley Project Improvement Act (Public Law 102-575;
106 Stat. 4728) is amended by striking subsection (c) and
inserting the following:
``(c) Contracts for Additional Storage and Delivery of
Water.--
``(1) In general.--The Secretary may enter into contracts
under the reclamation laws and this title with any Federal
agency, California water user or water agency, State agency,
or private organization for the exchange, impoundment,
storage, carriage, and delivery of nonproject water for
domestic, municipal, industrial, fish and wildlife, and any
other beneficial purpose.
``(2) Limitation.--Nothing in this subsection supersedes
section 2(d) of the Act of August 26, 1937 (chapter 832; 50
Stat. 850; 100 Stat. 3051).
``(3) Authority for certain activities.--The Secretary
shall use the authority granted by this subsection in
connection with requests to exchange, impound, store, carry,
or deliver nonproject water using Central Valley Project
facilities for any beneficial purpose.
``(4) Rates.--
``(A) In general.--The Secretary shall develop rates not to
exceed the amount required to recover the reasonable costs
incurred by the Secretary in connection with a beneficial
purpose under this subsection.
``(B) Administration.--The rates shall be charged to a
party using Central Valley Project facilities for a
beneficial purpose, but the costs described in subparagraph
(A) shall not include any donation or other payment to the
Restoration Fund.
``(5) Construction.--This subsection shall be construed and
implemented to facilitate and encourage the use of Central
Valley Project facilities to exchange, impound, store, carry,
or deliver nonproject water for any beneficial purpose.''.
(b) Reporting Requirements.--Section 3408(f) of the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4729) is amended--
(1) in the first sentence, by striking ``Interior and
Insular Affairs and the Committee on Merchant Marine and
Fisheries'' and inserting ``Natural Resources'';
(2) in the second sentence, by inserting ``, including
progress on the plan under subsection (j)'' before the period
at the end; and
(3) by adding at the end the following: ``The filing and
adequacy of the report shall be personally certified to the
Committees by the Regional Director of the Mid-Pacific Region
of the Bureau of Reclamation.''.
(c) Project Yield Increase.--Section 3408(j) of the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4730) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting
appropriately;
(2) by striking ``In order to minimize adverse effects, if
any, upon'' and inserting the following:
``(1) In general.--In order to minimize adverse effects
upon'';
(3) in the second sentence, by striking ``The plan'' and
all that follows through ``options:'' and inserting the
following:
``(2) Contents.--The plan shall include recommendations on
appropriate cost-sharing arrangements and authorizing
legislation or other measures needed to implement the intent,
purposes, and provisions of this subsection, as well as a
description of how the Secretary intends to use--'';
(4) in paragraph (1) (as designated by paragraph (2))--
[[Page S6643]]
(A) by striking ``needs, the Secretary, shall'' and all
that follows through ``to the Congress,'' and inserting
``needs, the Secretary, on a priority basis and not later
than September 30, 2013, shall submit to Congress''; and
(B) by striking ``increase,'' and all that follows through
``under this title'' and inserting ``increase, as soon as
practicable, but not later than September 30, 2016 (except
that the construction of new facilities shall not be limited
by that deadline), the water of the Central Valley Project by
the quantity dedicated and managed for fish and wildlife
purposes under this title and otherwise required to meet the
purposes of the Central Valley Project, including satisfying
contractual obligations'';
(5) in paragraph (2)(A) (as designated by paragraph (1)),
by inserting ``and construction of new water storage
facilities'' before the semicolon;
(6) in paragraph (2)(F) (as designated by paragraph (1)),
by striking ``and'' at the end;
(7) in paragraph (2)(G) (as designated by paragraph (1)),
by striking the period and all that follows through the end
of the subsection and inserting ``; and''; and
(8) by adding after paragraph (2)(G) the following:
``(H) water banking and recharge.
``(3) Implementation of plan.--
``(A) In general.--The Secretary shall implement the plan
under paragraph (1) beginning on October 1, 2013.
``(B) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with the State of California in
implementing measures for the long-term resolution of
problems in the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary.
``(4) Failure of plan.--Notwithstanding any other provision
of the reclamation laws, if by September 30, 2016, the plan
under paragraph (1) fails to increase the annual delivery
capability of the Central Valley Project by 800,000 acre-
feet, implementation of any nonmandatory action under section
3406(b)(2) shall be suspended until the date on which the
plan achieves an increase in the annual delivery capability
of the Central Valley Project of 800,000 acre-feet.''.
(d) Technical Corrections.--Section 3408(h) of the Central
Valley Project Improvement Act (Public Law 102-575; 106 Stat.
4729) is amended--
(1) in paragraph (1), by striking ``paragraph (h)(2)'' and
inserting ``paragraph (2)''; and
(2) in paragraph (2), by striking ``paragraph (h)(i)'' and
inserting ``paragraph (1)''.
(e) Water Storage Project Construction.--
(1) In general.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may partner or enter
into an agreement relating to the water storage projects
described in section 103(d)(1) of the Water Supply,
Reliability, and Environmental Improvement Act (Public Law
108-361; 118 Stat. 1684) with local joint powers authorities
formed under State law by irrigation districts and other
local governments or water districts within the applicable
hydrological region to advance those water storage projects.
(2) No additional federal amounts.--
(A) In general.--Subject to subparagraph (B), no additional
Federal amounts are authorized to be appropriated to carry
out the activities described in clauses (i) through (iii) of
sections 103(d)(1)(A) of the Water Supply, Reliability, and
Environmental Improvement Act (Public Law 108-361; 118 Stat.
1684) Public Law 108-361.
(B) Exception.--Additional Federal amounts may be
appropriated for construction of a project described in
subparagraph (A) if non-Federal amounts are used to finance
and construct the project.
SEC. 718. BAY-DELTA ACCORD.
(a) Congressional Direction Regarding Central Valley
Project and California State Water Project Operations.--
(1) In general.--The Central Valley Project and the
California State Water Project shall be operated strictly in
accordance with the water quality standards and operational
constraints described in the ``Principles for Agreement on
the Bay-Delta Standards Between the State of California and
the Federal Government'' dated December 15, 1994.
(2) Applicability of other law.--The Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) and other applicable law
shall not apply to operations described in paragraph (1).
(3) Implementation.--Implementation of the ``Principles for
Agreement on the Bay-Delta Standards Between the State of
California and the Federal Government'' dated December 15,
1994, shall be in strict compliance with the water rights
priority system and statutory protections for areas of
origin.
(b) Application of Laws to Others.--
(1) In general.--As a condition of the receipt of Federal
amounts for the Central Valley Project and the California
State Water Project, the State of California (including any
agency or board of the State of California), on any water
right obtained pursuant to State law, including a pre-1914
appropriative right, shall not--
(A) impose any condition that restricts the exercise of
that water right that is affected by operations of the
Central Valley Project or California State Water Project;
(B) restrict under the Public Trust Doctrine any public
trust value imposed in order to conserve, enhance, recover,
or otherwise protect any species.
(2) Federal agencies.--The prohibition under paragraph
(1)(A) shall apply to Federal agencies.
(c) Costs.--No cost associated with the implementation of
this section shall be imposed directly or indirectly on any
Central Valley Project contractor, or any other person or
entity, unless those costs are incurred on a voluntary basis.
(d) Native Species Protection.--This section preempts any
law of the State California law restricting the quantity or
size of a nonnative fish that is taken or harvested that
preys on 1 or more native fish species that occupy the
Sacramento and San Joaquin Rivers and the tributaries of
those rivers or the Sacramento-San Joaquin Rivers Delta.
SEC. 719. NATURAL AND ARTIFICIALLY SPAWNED SPECIES.
After the date of enactment of this Act, and regardless of
the date of listing, the Secretaries of the Interior and
Commerce shall not distinguish between natural-spawned and
hatchery-spawned (or otherwise artificially propagated
strains of a species) in making any determination under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that
relates to an anadromous fish species present in the
Sacramento and San Joaquin Rivers or the tributaries of those
rivers and that ascends those rivers and tributaries to
reproduce after maturing in San Francisco Bay or the Pacific
Ocean.
SEC. 720. AUTHORIZED SERVICE AREA.
(a) In General.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, shall include in the
service area of the Central Valley Project authorized under
the Central Valley Project Improvement Act (Public Law 102-
575; 106 Stat. 4706) the area within the boundaries of the
Kettleman City Community Services District, California, as
those boundaries are defined as of the date of enactment of
this Act.
(b) Long-term Contract.--
(1) In general.--Notwithstanding the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706) and
subject to paragraph (2), the Secretary, in accordance with
the reclamation laws, shall enter into a long-term contract
with the Kettleman City Community Services District or the
delivery of not more than 900 acre-feet of Central Valley
Project water for municipal and industrial use.
(2) Reduction in contract.--The Secretary may temporarily
reduce deliveries of the quantity of water made available
under paragraph (1) by not more than 25 percent of the total
whenever reductions due to hydrologic circumstances are
imposed on agricultural deliveries of Central Valley Project
water.
(c) Additional Cost.--If any additional infrastructure or
related costs are needed to implement this section, those
costs shall be the responsibility of the non-Federal entity.
SEC. 721. REGULATORY STREAMLINING.
(a) Definitions.--In this section:
(1) CVP.--The term ``CVP'' means the Central Valley
Project.
(2) Project.--The term ``project''--
(A) means an activity that--
(i) is undertaken by a public agency, funded by a public
agency, or requires the issuance of a permit by a public
agency;
(ii) has a potential to result in a physical change to the
environment; and
(iii) may be subject to several discretionary approvals by
governmental agencies;
(B) may include construction activities, clearing or
grading of land, improvements to existing structures, and
activities or equipment involving the issuance of a permit;
or
(C) has the meaning given the term defined in section 21065
of the California Public Resource Code.
(b) Applicability of Certain Laws.--The filing of a notice
of determination or a notice of exemption for any project,
including the issuance of a permit under State law, for any
project of the CVP or the delivery of water from the CVP in
accordance with the California Environmental Quality Act
shall be considered to meet the requirements for that project
or permit under section 102(2)(C) of the National
Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)).
(c) Continuation of Project.--The Bureau of Reclamation
shall not be required to cease or modify any major Federal
action or other activity for any project of the CVP or the
delivery of water from the CVP pending completion of judicial
review of any determination made under the National
Environmental Protection Act of 1969 (42 U.S.C. 4321 et
seq.).
Subtitle B--San Joaquin River Restoration
SEC. 731. REPEAL OF THE SAN JOAQUIN RIVER SETTLEMENT.
As of the date of enactment of this Act, the Secretary
shall cease any action to implement the Stipulation of
Settlement, Natural Resources Defense Council, Inc. v.
Rodgers, No. Civ. S-88-1658 LKK/GGH (E.D. Cal. Sept. 13,
2006).
SEC. 732. PURPOSE.
Section 10002 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1349) is amended
by striking ``implementation of the Settlement'' and
inserting ``restoration of the San Joaquin River''.
SEC. 733. DEFINITIONS.
Section 10003 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1349) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) Critical water year.--The term `critical water year'
means a year in which the
[[Page S6644]]
total unimpaired runoff at Friant Dam is less than 400,000
acre-feet, as forecasted as of March 1 of that water year by
the California Department of Water Resources.
``(2) Restoration flows.--The term `Restoration Flows'
means the additional water released or bypassed from Friant
Dam to ensure that the target flow entering Mendota Pool,
located approximately 62 river miles downstream from Friant
Dam, does not fall below a speed of 50 cubic feet per
second.''; and
(3) by striking paragraph (4) (as redesignated by paragraph
(1)) and inserting the following:
``(4) Water year.--The term `water year' means the period
beginning March 1 of a given year and ending on the last day
of February of the following calendar year.''.
SEC. 734. IMPLEMENTATION OF RESTORATION.
Section 10004 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1350) is
amended--
(1) in subsection (a)--
(A) by striking ``hereby authorized and directed'' and all
that follows through ``in the Settlement:'' and inserting
``may carry out the following:'';
(B) by striking paragraphs (1), (2), (4), and (5);
(C) by redesignating paragraph (3) as paragraph (1);
(D) in paragraph (1) (as redesignated by subparagraph (C)),
by striking ``paragraph 13 of the Settlement'' and inserting
``this part''; and
(E) by adding at the end the following :
``(2) In each water year, beginning in the water year
commencing on March 1, 2013, the Secretary--
``(A) shall modify Friant Dam operations to release the
Restoration Flows for that water year, unless the year is a
critical water year;
``(B) shall ensure that--
``(i) the release of Restoration Flows are maintained at
the level prescribed by this part; and
``(ii) Restoration Flows do not reach downstream of Mendota
Pool;
``(C) shall release the Restoration Flows in a manner that
improves the fishery in the San Joaquin River below Friant
Dam and upstream of Gravelly Ford, Nevada, as in existence on
the date of the enactment of the Sacramento and San Joaquin
Valleys Water Reliability Act, including the associated
riparian habitat; and
``(D) may, without limiting the actions required under
subparagraphs (A) and (C) and subject to paragraph (3) and
subsection (l), use the Restoration Flows to enhance or
restore a warm water fishery downstream of Gravelly Ford,
Nevada, including to Mendota Pool, if the Secretary
determines that the action is reasonable, prudent, and
feasible.
``(3) Not later than 1 year after the date of enactment of
the Sacramento and San Joaquin Valleys Water Reliability Act,
the Secretary shall develop and implement, in cooperation
with the State of California, a reasonable plan--
``(A) to fully recirculate, recapture, reuse, exchange, or
transfer all Restoration Flows; and
``(B) to provide the recirculated, recaptured, reused,
exchanged, or transferred flows to those contractors within
the Friant Division, Hidden Unit, and Buchanan Unit of the
Central Valley Project that relinquished the Restoration
Flows that were recirculated, recaptured, reused, exchanged,
or transferred.
``(4) The plan described in paragraph (3) shall--
``(A) address any impact on groundwater resources within
the service area of the Friant Division, Hidden Unit, and
Buchanan Unit of the Central Valley Project and mitigation
may include groundwater banking and recharge projects;
``(B) not impact the water supply or water rights of any
entity outside the Friant Division, Hidden Unit, and Buchanan
Unit of the Central Valley Project; and
``(C) be subject to applicable provisions of California
water law and the use by the Secretary of the Interior of
Central Valley Project facilities to make Project water
(other than water released from Friant Dam under this part)
and water acquired through transfers available to existing
south of Delta Central Valley Project contractors.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``the Settlement'' and
inserting ``this part''; and
(B) in paragraph (2), by striking ``the Settlement'' and
inserting ``this part'';
(3) in subsection (c), by striking ``the Settlement'' and
inserting ``this part'';
(4) by striking subsection (d) and inserting the following:
``(d) Mitigation of Impacts.--
``(1) In general.--Not later than October 1, 2013 and
subject to paragraph (2), the Secretary shall identify--
``(A) the impacts associated with the release of
Restoration Flows prescribed in this part; and
``(B) the measures to be implemented to mitigate impacts on
adjacent and downstream water users, landowners, and agencies
as a result of Restoration Flows.
``(2) Mitigation measures.--Before implementing a decision
or agreement to construct, improve, operate, or maintain a
facility that the Secretary determines is necessary to
implement this part, the Secretary shall implement all
mitigation measures identified in paragraph (1)(B) before the
date on which Restoration Flows are commenced.'';
(5) in subsection (e), by striking ``the Settlement'' and
inserting ``this part'';
(6) in subsection (f), by striking ``the Settlement and
section 10011'' and inserting ``this part'';
(7) in subsection (g)--
(A) by striking ``the Settlement and''; and
(B) by striking ``or exchange contract'' and inserting
``exchange contract, water rights settlement, or holding
contract'';
(8) in subsection (h)--
(A) by striking ``Interim'' in the header;
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Interim Flows under the Settlement'' and inserting
``Restoration Flows under this part'';
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``Interim'' and inserting
``Restoration''; and
(II) in clause (ii), by inserting ``and'' after the
semicolon;
(iii) in subparagraph (D), by striking ``and'' at the end;
and
(iv) by striking subparagraph (E);
(C) by striking paragraph (2) and inserting the following:
``(2) Conditions for release.--The Secretary may release
Restoration Flows to the extent that the flows would not
exceed existing downstream channel capacities.'';
(D) in paragraph (3), by striking ``Interim'' and inserting
``Restoration''; and
(E) by striking paragraph (4) and inserting the following:
``(4) Claims.--Not later than 60 days after the date of
enactment of the Sacramento and San Joaquin Valleys Water
Reliability Act, the Secretary shall issue, by regulation, a
claims process to address claims, including groundwater
seepage, flooding, or levee instability damages caused as a
result of, arising out of, or related to implementation of
this subtitle.'';
(9) in subsection (i)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``the Settlement and parts I and III'' and inserting ``this
part'';
(ii) in subparagraph (A), by inserting ``and'' after the
semicolon;
(iii) in subparagraph (B)--
(I) by striking ``additional amounts authorized to be
appropriated, including the''; and
(II) by striking ``; and'' and inserting a period; and
(iv) by striking subparagraph (C); and
(B) by striking paragraph (3); and
(10) by adding at the end the following:
``(k) No Impacts on Other Interests.--
``(1) In general.--No Central Valley Project or other water
(other than San Joaquin River water impounded by or bypassed
from Friant Dam) shall be used to implement subsection (a)(2)
unless the use is on a voluntary basis.
``(2) Involuntary costs.--No cost associated with the
implementation of this section shall be imposed directly or
indirectly on any Central Valley Project contractor, or any
other person or entity, outside the Friant Division, the
Hidden Unit, or the Buchanan Unit, unless the cost is
incurred on a voluntary basis.
``(3) Reduction in water supplies.--The implementation of
this part shall not directly or indirectly reduce any water
supply or water reliability on any Central Valley Project
contractor, any State Water Project contractor, or any other
person or entity, outside the Friant Division, the Hidden
Unit, or the Buchanan Unit, unless the reduction or cost is
incurred on a voluntary basis.
``(l) Priority.--Each action taken under this part shall be
subordinate to the use by the Secretary of Central Valley
Project facilities to make Project water available to Project
contractors, other than water released from the Friant Dam
under this part.
``(m) Applicability.--
``(1) In general.--Notwithstanding section 8 of the Act of
June 17, 1902 (32 Stat. 390, chapter 1093), except as
provided in this part and subtitle D of the Sacramento and
San Joaquin Valleys Water Reliability Act, this part--
``(A) preempts and supersedes any State law, regulation, or
requirement that imposes more restrictive requirements or
regulations on the activities authorized under this part; and
``(B) does not alter or modify any obligation of the Friant
Division, Hidden Unit, and Buchanan Unit of the Central
Valley Project, or other water users on the San Joaquin
River, or tributaries of the San Joaquin River, under any
order issued by the State Water Resources Control Board under
the Porter-Cologne Water Quality Control Act (California
Water Code section 13000 et seq.).
``(2) Applicability.--An order described in paragraph
(1)(B) shall be consistent with any congressional
authorization for any affected Federal facility relating to
the Central Valley Project.
``(n) Project Implementation.--Any project to implement
this part shall be phased such that each project shall
include--
``(1) the project purpose and need;
``(2) identification of mitigation measures;
``(3) appropriate environmental review; and
``(4) prior to releasing Restoration Flows under this part
the completion of the any required mitigation measures and
the completion of the project.''.
[[Page S6645]]
SEC. 735. DISPOSAL OF PROPERTY; TITLE TO FACILITIES.
Section 10005 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1353) is
amended--
(1) in subsection (a), by striking ``the Settlement
authorized by this part'' and inserting ``this part'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``(1) In general.--The Secretary'' and
inserting ``The Secretary''; and
(ii) by striking ``the Settlement authorized by this part''
and inserting ``this part''; and
(B) by striking paragraph (2); and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``the Settlement'' and
inserting ``this part'';
(B) in paragraph (2)--
(i) by striking ``through the exercise of its eminent
domain authority''; and
(ii) by striking ``the Settlement'' and inserting ``this
part''; and
(C) in paragraph (3), by striking ``section 10009(c)'' and
inserting ``section 10009''.
SEC. 736. COMPLIANCE WITH APPLICABLE LAW.
Section 10006 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1354) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, unless otherwise
provided by this part'' before the period at the end; and
(B) in paragraph (2), by striking ``the Settlement'' and
inserting ``this part'';
(2) in subsection (b), by inserting ``, unless otherwise
provided by this part'' before the period at the end;
(3) in subsection (c)--
(A) in paragraph (2), by striking ``section 10004'' and
inserting ``this part''; and
(B) in paragraph (3), by striking ``the Settlement'' and
inserting ``this part''; and
(4) in subsection (d)--
(A) by inserting ``, including, without limitation, the
costs of implementing subsections (d) and (h)(4) of section
10004,'' after ``implementing this part''; and
(B) by striking ``for implementation of the Settlement,''.
SEC. 737. COMPLIANCE WITH CENTRAL VALLEY PROJECT IMPROVEMENT
ACT.
Section 10007 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1354) is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``the Settlement'' and inserting ``the
enactment of this part''; and
(B) by inserting: ``and the obligations of the Secretary
and all other parties to protect and keep in good condition
any fish that may be planted or exist below Friant Dam,
including any obligations under section 5937 of the
California Fish and Game Code and the public trust doctrine,
and those of the Secretary and all other parties under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)''
before ``, provided''; and
(2) in paragraph (1), by striking ``, as provided in the
Settlement''.
SEC. 738. NO PRIVATE RIGHT OF ACTION.
Section 10008(a) of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1355) is
amended--
(1) by striking ``not a party to the Settlement''; and
(2) by striking ``or the Settlement'' and inserting
``unless otherwise provided by this part, but any Central
Valley Project long-term water service or repayment
contractor within the Friant Division, Hidden unit, or
Buchanan unit adversely affected by the failure of the
Secretary to comply with section 10004(a)(3) may bring an
action against the Secretary for injunctive relief, damages,
or both.''.
SEC. 739. IMPLEMENTATION.
Section 10009 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1355) is
amended--
(1) in the section heading, by striking ``; SETTLEMENT
FUND'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``the Settlement'' the first place it
appears and inserting ``this part'';
(ii) by striking ``, estimated to total'' and all that
follows through ``subsection (b)(1),''; and
(iii) by striking ``; provided however,'' and all that
follows through ``$110,000,000 of State funds'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A) In general.--The
Secretary'' and inserting ``The Secretary''; and
(ii) by striking subparagraph (B); and
(C) in paragraph (3)--
(i) by striking ``Except as provided in the Settlement,
to'' and inserting ``To''; and
(ii) by striking ``this Settlement'' and inserting ``this
part'';
(3) in subsection (b)(1)--
(A) by striking ``In addition'' and all that follows
through ``however, that the'' and inserting ``The'';
(B) by striking ``such additional appropriations only in
amounts equal to''; and
(C) by striking ``or the Settlement'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``the Settlement'' and inserting ``this part'';
(ii) in subparagraph (C), by striking ``from the sale of
water pursuant to the Settlement, or''; and
(iii) in subparagraph (D), by striking ``the Settlement''
and inserting ``this part'';
(B) in paragraph (2), by striking ``the Settlement and'';
and
(5) by striking subsections (d) through (f).
SEC. 740. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT
OF CONSTRUCTION COSTS.
Section 10010 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1358) is
amended--
(1) in paragraphs (3)(D) and (4)(C) of subsection (a), by
striking ``the Settlement and'' each place it appears;
(2) in subsection (c), by striking paragraph (3);
(3) in subsection (d)(1), by striking ``the Settlement''
each place it appears and inserting ``this part'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``Interim Flows or Restoration Flows,
pursuant to paragraphs 13 or 15 of the Settlement'' and
inserting ``Restoration Flows, pursuant to this part'';
(ii) by striking ``Interim Flows or'' before ``Restoration
Flows''; and
(iii) by striking ``the Interim Flows or Restoration Flows
or is intended to otherwise facilitate the Water Management
Goal, as described in the Settlement'' and inserting
``Restoration Flows''; and
(B) in paragraph (2)--
(i) by striking ``except as provided in paragraph 16(b) of
the Settlement''; and
(ii) by striking ``the Interim Flows or Restoration Flows
or to facilitate the Water Management Goal'' and inserting
``Restoration Flows''.
SEC. 741. REPEAL.
Section 10011 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1362) is
repealed.
SEC. 742. WATER SUPPLY MITIGATION.
Section 10202(b) of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1365) is
amended--
(1) in paragraph (1), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part'';
(2) in paragraph (2), by striking ``the Interim or
Restoration Flows authorized in part I of this subtitle'' and
inserting ``Restoration Flows authorized in this part''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``meet the Restoration
Goal as described in part I of this subtitle'' and inserting
``recover Restoration Flows as described in this part'';
(B) in subparagraph (C)--
(i) by striking ``the Interim or Restoration Flows
authorized in part I of this subtitle'' and inserting
``Restoration Flows authorized in this part''; and
(ii) by striking ``, and for ensuring appropriate
adjustment in the recovered water account pursuant to section
10004(a)(5)''.
SEC. 743. ADDITIONAL AUTHORITIES.
Section 10203 of the San Joaquin River Restoration
Settlement Act (Public Law 111-11; 123 Stat. 1367) is
amended--
(1) in subsection (b)--
(A) by striking ``section 10004(a)(4)'' and inserting
``section 10004(a)(3)''; and
(B) by striking ``, provided'' and all that follows through
``section 10009(f)(2)''; and
(2) by striking subsection (c).
Subtitle C--Repayment Contracts and Acceleration of Repayment of
Construction Costs
SEC. 751. REPAYMENT CONTRACTS AND ACCELERATION OF REPAYMENT
OF CONSTRUCTION COSTS.
(a) Conversion of Contracts.--
(1) Certain contracts.--
(A) In general.--Not later than 1 year after the date
enactment of this Act, the Secretary of the Interior, on the
request of a contractor, shall convert all existing long-term
Central Valley Project contracts entered into under section
9(e) of the Act of August 4, 1939 (53 Stat. 1196, chapter
418), to a contract under section 9(d) of that Act (53 Stat.
1195), under mutually agreeable terms and conditions.
(B) Restrictions.--A contract converted under subparagraph
(A) shall--
(i) require the repayment, either in lump sum or by
accelerated prepayment, of the remaining amount of
construction costs identified in the most current version of
the Central Valley Project Schedule of Irrigation Capital
Allocations by Contractor, as adjusted to reflect payments
not reflected in that schedule and properly assignable for
ultimate return by the contractor, not later than January 31,
2013 (or if made in approximately equal annual installments,
not later than January 31, 2016), which amount shall be
discounted by the Treasury rate (defined as the 20-year
Constant Maturity Treasury rate published by the Department
of the Treasury as of October 1, 2012);
(ii) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the converted contract or not reflected
in the schedule described in clause (i) and properly
assignable to that contractor, shall be repaid--
(I) in not more than 5 years after the date on which the
contractor is notified of the allocation if that amount is a
result of a collective annual allocation of capital costs to
the contractors exercising contract conversions under this
subsection of less than $5,000,000; or
(II) if the allocation of capital costs described in
subclause (I) equal $5,000,000 or more, as provided by
applicable reclamation law, subject to the condition that the
reference to the amount of $5,000,000 shall not be a
precedent in any other context; and
[[Page S6646]]
(iii) provide that power revenues will not be available to
aid in the repayment of construction costs allocated to
irrigation under the contract.
(C) Estimate.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
provide to each contractor an estimate of the remaining
amount of construction costs under subparagraph (B)(i) as of
January 31, 2013, as adjusted.
(2) Other contracts.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, on the request of a contractor, the
Secretary may convert any Central Valley Project long-term
contract entered into under section 9(c)(2) of the Act of
August 4, 1939 (chapter 418; 53 Stat. 1194) to a contract
under section 9(c)(1) of that Act, under mutually agreeable
terms and conditions.
(B) Restrictions.--A contract converted under subparagraph
(A) shall--
(i) require the repayment in lump sum of the remaining
amount of construction costs identified in the most current
version of the Central Valley Project Schedule of Municipal
and Industrial Water Rates, as adjusted to reflect payments
not reflected in that schedule and properly assignable for
ultimate return by the contractor, not later than January 31,
2016; and
(ii) require that, notwithstanding subsection (c)(2),
construction costs or other capitalized costs incurred after
the effective date of the contract or not reflected in the
Schedule described in clause (i), and properly assignable to
that contractor, shall be repaid--
(I) in not more than 5 years after the date on which the
contractor is notified of the allocation if the amount is a
result of a collective annual allocation of capital costs to
the contractors exercising contract conversions under this
subsection of less than $5,000,000; or
(II) if the allocation of capital costs described in
subclause (I) equal $5,000,000 or more, as provided by
applicable reclamation law, subject to the condition that the
reference to the amount of $5,000,000 shall not be a
precedent in any other context.
(C) Estimate.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
provide to each contractor an estimate of the remaining
amount of construction costs under subparagraph (B)(i) as of
January 31, 2016, as adjusted.
(b) Final Adjustment.--
(1) In general.--The amounts paid pursuant to subsection
(a) shall be subject to adjustment following a final cost
allocation by the Secretary of the Interior on completion of
the construction of the Central Valley Project.
(2) Repayment obligation.--
(A) In general.--If the final cost allocation indicates
that the costs properly assignable to the contractor are
greater than the amount that has been paid by the contractor,
the contractor shall pay the remaining allocated costs.
(B) Terms.--The term of an additional repayment contract
described in subparagraph (A) shall be--
(i) for not less than 1 year and not more than 10 years;
and
(ii) based on mutually agreeable provisions regarding the
rate of repayment of the amount developed by the parties.
(3) Credits.--If the final cost allocation indicates that
the costs properly assignable to the contractor are less than
the amount that the contractor has paid, the Secretary of the
Interior shall credit the amount of the overpayment as an
offset against any outstanding or future obligation of the
contractor.
(c) Applicability of Certain Provisions.--
(1) In general.--Notwithstanding any repayment obligation
under subsection (a)(1)(B)(ii) or subsection (b), on the
compliance of a contractor with and discharge of the
obligation of repayment of the construction costs under that
subsection, the ownership and full-cost pricing limitations
of any provision of the reclamation laws shall not apply to
land in that district.
(2) Other contracts.--Notwithstanding any repayment
obligation under paragraph (1)(B)(ii) or (2)(B)(ii) of
subsection (a) or subsection (b), on the compliance of a
contractor with and discharge of the obligation of repayment
of the construction costs under that subsection, the
contractor shall continue to pay applicable operation and
maintenance costs and other charges applicable to the
repayment contracts pursuant to then-current rate-setting
policy and applicable law.
(d) Certain Repayment Obligations Not Altered.--This
section does not--
(1) alter the repayment obligation of any other long-term
water service or repayment contractor receiving water from
the Central Valley Project; or
(2) shift any costs that would otherwise have been properly
assignable to a contractor absent this section, including
operations and maintenance costs, construction costs, or
other capitalized costs incurred after the date of enactment
of this Act, to other contractors.
(e) Statutory Interpretation.--Nothing in this subtitle
affects the right of any long-term contractor to use a
particular type of financing to make the payments required in
paragraph (1)(B)(i) or (2)(B)(i) of subsection (a).
Subtitle D--Bay-Delta Watershed Water Rights Preservation and
Protection
SEC. 761. WATER RIGHTS AND AREA-OF-ORIGIN PROTECTIONS.
Notwithstanding the provisions of this title, Federal
reclamation law, or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.)--
(1) the Secretary of the Interior shall, in the operation
of the Central Valley Project--
(A) strictly adhere to State water rights law governing
water rights priorities by honoring water rights senior to
those belonging to the Central Valley Project, regardless of
the source of priority; and
(B) strictly adhere to and honor water rights and other
priorities that are obtained or exist pursuant to the
California Water Code, including sections 10505, 10505:5,
11128, 11460, 11463, and 12220; and
(2) any action that affects the diversion of water or
involves the release of water from any Central Valley Project
water storage facility taken by the Secretary of the Interior
or the Secretary of Commerce to conserve, enhance, recover,
or otherwise protect any species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be applied
in a manner that is consistent with water right priorities
established by State law.
SEC. 762. SACRAMENTO RIVER SETTLEMENT CONTRACTS.
(a) In General.--In carrying out the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) in the Bay-Delta and on the
Sacramento River, the Secretary of the Interior and the
Secretary of Commerce shall apply any limitations on the
operation of the Central Valley Project or relating to the
formulation of any reasonable prudent alternative associated
with the operation of the Central Valley Project in a manner
that strictly adheres to and applies the water rights
priorities for project water and base supply as provided in
the Sacramento River Settlement Contracts.
(b) Applicability.--Article 3(i) of the Sacramento River
Settlement Contracts shall not be used by the Secretary of
the Interior or any other Federal agency head as means to
provide shortages that are different from those provided for
in Article 5(a) of the Sacramento River Settlement Contracts.
SEC. 763. SACRAMENTO RIVER WATERSHED WATER SERVICE
CONTRACTORS.
(a) Existing Central Valley Project Agricultural Water
Service Contractors Within Sacramento River Watershed.--In
this section, the term ``existing Central Valley Project
agricultural water service contractors within the Sacramento
River Watershed'' means water service contractors within the
Shasta, Trinity, and Sacramento River Divisions of the
Central Valley Project that have a water service contract in
effect on the date of enactment of this Act that provides
water for irrigation.
(b) Allocation of Water.--Subject to subsection (c) and the
absolute priority of the Sacramento River Settlement
Contractors to Sacramento River supplies over Central Valley
Project diversions and deliveries to other contractors, the
Secretary of the Interior shall, in the operation of the
Central Valley Project, allocate water provided for
irrigation purposes to existing Central Valley Project
agricultural water service contractors within the Sacramento
River Watershed as follows:
(1) Not less than 100 percent of the contract quantities in
a ``Wet'' year (as that term is defined in the Sacramento
Valley Water Year Type (40-30-30) Index).
(2) Not less than 100 percent of the contract quantities in
an ``Above Normal'' year (as that term is defined in the
Sacramento Valley Water Year Type (40-30-30) Index).
(3) Not less than 100 percent of the contract quantities in
a ``Below Normal'' year (as that term is defined in the
Sacramento Valley Water Year Type (40-30-30) Index).
(4) Not less than 75 percent of the contract quantities in
a ``Dry'' year (as that term is defined in the Sacramento
Valley Water Year Type (40-30-30) Index).
(5) Not less than 50 percent of the contract quantities in
a ``Critically Dry'' year (as that term is defined in the
Sacramento Valley Water Year Type (40-30-30) Index).
(c) Protection of Municipal and Industrial Supplies.--
(1) In general.--Nothing in this section--
(A) modifies any provision of a water service contract that
addresses municipal and industrial water shortage policies of
the Secretary of the Interior;
(B) affects or limits the authority of the Secretary of the
Interior--
(i) to adopt or modify municipal and industrial water
shortage policies; or
(ii) to implement municipal and industrial water shortage
policies; or
(C) affects allocations to Central Valley Project municipal
and industrial contractors pursuant to the water shortage
policies of the Secretary of the Interior.
(2) Applicability.--This section does not constrain,
govern, or affect, directly or indirectly, the operations of
the American River Division of the Central Valley Project or
any deliveries from that Division, including the units and
facilities of that Division.
SEC. 764. NO REDIRECTED ADVERSE IMPACTS.
The Secretary of the Interior shall ensure that there are
no redirected adverse water supply or fiscal impacts to the
State Water Project or to individuals within the Sacramento
River or San Joaquin River watershed arising from the
operation of the Secretary of the Central Valley Project to
meet
[[Page S6647]]
legal obligations imposed by or through any Federal or State
agency, including--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) this title; and
(3) actions or activities implemented to meet the twin
goals of improving water supply and addressing the
environmental needs of the Bay-Delta.
Subtitle E--Miscellaneous
SEC. 771. PRECEDENT.
Congress finds that--
(1) coordinated operations between the Central Valley
Project and the State Water Project, as consented to and
requested by the State of California and the Federal
Government, require the assertion of Federal supremacy to
protect existing water rights throughout the system, a
circumstance that is unique to the State of California; and
(2) this title should not serve as precedent for similar
operations in any other State.
TITLE VIII--REDUCING REGULATORY BURDENS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Reducing Regulatory
Burdens Act of 2012''.
SEC. 802. USE OF AUTHORIZED PESTICIDES.
Section 3(f) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(f)) is amended by adding at
the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act (33
U.S.C. 1342(s)), the Administrator or a State may not require
a permit under that Act for a discharge from a point source
into navigable waters of a pesticide authorized for sale,
distribution, or use under this Act, or the residue of the
pesticide, resulting from the application of the
pesticide.''.
SEC. 803. DISCHARGES OF PESTICIDES.
Section 402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in
paragraph (2), a permit shall not be required by the
Administrator or a State under this Act for a discharge from
a point source into navigable waters of a pesticide
authorized for sale, distribution, or use under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.), or the residue of the pesticide, resulting from the
application of the pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a
pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) that is relevant to protecting water quality, if--
``(i) the discharge would not have occurred but for the
violation; or
``(ii) the quantity of a pesticide or pesticide residue in
the discharge is greater than would have occurred without the
violation.
``(B) Stormwater discharges subject to regulation under
subsection (p).
``(C) The following discharges subject to regulation under
this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal operation of a
vessel, including a discharge resulting from ballasting
operations or vessel biofouling prevention.''.
TITLE IX--FARM DUST REGULATION PREVENTION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Farm Dust Regulation
Prevention Act of 2012''.
SEC. 902. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL
AMBIENT AIR QUALITY STANDARD APPLICABLE TO
COARSE PARTICULATE MATTER.
Before the date that is 1 year after the date of enactment
of this Act, the Administrator of the Environmental
Protection Agency (referred to in this title as the
``Administrator'') may not propose, finalize, implement, or
enforce any regulation revising the national primary ambient
air quality standard or the national secondary ambient air
quality standard applicable to particulate matter with an
aerodynamic diameter greater than 2.5 micrometers under
section 109 of the Clean Air Act (42 U.S.C. 7409).
SEC. 903. NUISANCE DUST.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et
seq.) is amended by adding at the end the following:
``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE,
TRIBAL, AND LOCAL GOVERNMENTS.
``(a) Definition of Nuisance Dust.--In this section:
``(1) In general.--The term `nuisance dust' means
particulate matter that--
``(A) is generated primarily from natural sources, unpaved
roads, agricultural activities, earth moving, or other
activities typically conducted in rural areas;
``(B) consists primarily of soil, other natural or
biological materials, or some combination of those materials;
``(C) is not emitted directly into the ambient air from
combustion, such as exhaust from combustion engines and
emissions from stationary combustion processes; and
``(D) is not comprised of residuals from the combustion of
coal.
``(2) Exclusion.--The term `nuisance dust' does not include
radioactive particulate matter produced from uranium mining
or processing.
``(b) Applicability.--Except as provided in subsection (c),
this Act does not apply to, and references in this Act to
particulate matter are deemed to exclude, nuisance dust.
``(c) Exception.--Subsection (a) does not apply with
respect to any geographical area in which nuisance dust is
not regulated under State, tribal, or local law insofar as
the Administrator, in consultation with the Secretary of
Agriculture, finds that--
``(1) nuisance dust (or any subcategory of nuisance dust)
causes substantial adverse public health and welfare effects
at ambient concentrations; and
``(2) the benefits of applying standards and other
requirements of this Act to nuisance dust (or a subcategory
of nuisance dust) outweigh the costs (including local and
regional economic and employment impacts) of applying those
standards and other requirements to nuisance dust (or a
subcategory).''.
SEC. 904. SENSE OF CONGRESS.
It is the sense of Congress that the Administrator should
implement an approach to excluding so-called ``exceptional
events'', or events that are not reasonably controllable or
preventable, from determinations of whether an area is in
compliance with any national ambient air quality standard
applicable to coarse particulate matter that--
(1) maximizes transparency and predictability for States,
Indian tribes, and local governments; and
(2) minimizes the regulatory and cost burdens States,
Indian tribes, and local governments bear in excluding those
events.
SEC. 905. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT
AND ECONOMIC ACTIVITY IN AGRICULTURE COMMUNITY.
(a) Definitions.--In this section:
(1) Covered action.--The term ``covered action'' means any
of the following actions taken by the Administrator under the
Clean Air Act (42 U.S.C. 7401 et seq.) relating to
agriculture and the national primary ambient air quality
standard or the national secondary ambient air quality
standard for particulate matter:
(A) Promulgating or issuing a regulation, policy statement,
guidance, response to a petition, or other requirement.
(B) Implementing a new or substantially altered program.
(2) More than a de minimis negative impact.--The term
``more than a de minimis negative impact'' means--
(A) with respect to employment levels, a loss of more than
100 jobs relating to the agriculture industry, as calculated
by excluding consideration of any offsetting job gains that
result from the hypothetical creation of new jobs through new
technologies or government employment; and
(B) with respect to economic activity, a decrease in
agricultural economic activity of more than $1,000,000 over
any calendar year, as calculated by excluding consideration
of any offsetting economic activity that results from the
hypothetical creation of new economic activity through new
technologies or government employment.
(b) Analysis of Impacts of Actions on Employment and
Economic Activity in the Agriculture Community.--
(1) Analysis.--Before taking a covered action, the
Administrator shall analyze the impact, disaggregated by
State, of the covered action on--
(A) employment levels in the agriculture industry; and
(B) agricultural economic activity, including estimated job
losses and decreased economic activity relating to
agriculture.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall use the best available economic models.
(B) Annual gao report.--Not later than December 31 of each
year, the Comptroller General of the United States shall
submit to Congress a report on the economic models used by
the Administrator to carry out this subsection.
(3) Availability of information.--With respect to any
covered action, the Administrator shall--
(A) post the analysis under paragraph (1) as a link on the
main page of the public Internet website of the Environmental
Protection Agency;
(B) request the Secretary of Agriculture to post the
analysis under paragraph (1) as a link on the main page of
the public Internet website of the Department of Agriculture;
and
(C) request that the Governor of any State experiencing
more than a de minimis negative impact post the analysis on
the main page of the public Interest website of the State.
(c) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on agricultural employment levels
or agricultural economic activity in a State, the
Administrator shall hold a public hearing in each such State
at least 30 days before the effective date of the covered
action.
(2) Time, location, and selection.--A public hearing
required under paragraph (1) shall be held at--
(A) a convenient time and location for impacted residents;
and
(B) at such location selected by the Administrator as shall
give priority to locations in the State that will experience
the greatest number of job losses.
[[Page S6648]]
(d) Notification.--If the Administrator concludes under
subsection (b)(1) that a covered action will have more than a
de minimis negative impact on agricultural employment levels
or agricultural economic activity in any State, the
Administrator shall give notice of the impact to the
congressional delegation, Governor, and legislature of the
State at least 45 days before the effective date of the
covered action.
TITLE X--ENERGY TAX PREVENTION
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Energy Tax Prevention Act
of 2012''.
SEC. 1002. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is
amended by adding at the end the following:
``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
``(a) Definition.--In this section, the term `greenhouse
gas' means any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this
Act to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--
``(A) In general.--The Administrator may not, under this
Act, promulgate any regulation concerning, take action
relating to, or take into consideration the emission of a
greenhouse gas to address climate change.
``(B) Air pollutant definition.--The definition of the term
`air pollutant' in section 302(g) does not include a
greenhouse gas. Notwithstanding the previous sentence, such
definition may include a greenhouse gas for purposes of
addressing concerns other than climate change.
``(2) Exceptions.--Paragraph (1) does not prohibit the
following:
``(A) Notwithstanding paragraph (4)(B), implementation and
enforcement of the rule entitled `Light-Duty Vehicle
Greenhouse Gas Emission Standards and Corporate Average Fuel
Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and
without further revision) and finalization, implementation,
enforcement, and revision of the proposed rule entitled
`Greenhouse Gas Emissions Standards and Fuel Efficiency
Standards for Medium- and Heavy-Duty Engines and Vehicles'
published at 75 Fed. Reg. 74152 (November 30, 2010).
``(B) Implementation and enforcement of section 211(o).
``(C) Statutorily authorized Federal research, development,
and demonstration programs addressing climate change.
``(D) Implementation and enforcement of title VI to the
extent such implementation or enforcement only involves one
or more class I or class II substances (as such terms are
defined in section 601).
``(E) Implementation and enforcement of section 821 (42
U.S.C. 7651k note) of Public Law 101-549 (commonly referred
to as the `Clean Air Act Amendments of 1990').
``(3) Inapplicability of provisions.--Nothing listed in
paragraph (2) shall cause a greenhouse gas to be subject to
part C of title I (relating to prevention of significant
deterioration of air quality) or considered an air pollutant
for purposes of title V (relating to air permits).
``(4) Certain prior agency actions.--The following rules,
and actions (including any supplement or revision to such
rules and actions) are repealed and shall have no legal
effect:
``(A) `Mandatory Reporting of Greenhouse Gases', published
at 74 Fed. Reg. 56260 (October 30, 2009).
``(B) `Endangerment and Cause or Contribute Findings for
Greenhouse Gases under section 202(a) of the Clean Air Act'
published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
``(C) `Reconsideration of the Interpretation of Regulations
That Determine Pollutants Covered by Clean Air Act Permitting
Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and
the memorandum from Stephen L. Johnson, Environmental
Protection Agency (EPA) Administrator, to EPA Regional
Administrators, concerning `EPA's Interpretation of
Regulations that Determine Pollutants Covered by Federal
Prevention of Significant Deterioration (PSD) Permit Program'
(Dec. 18, 2008).
``(D) `Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg.
31514 (June 3, 2010).
``(E) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Substantial
Inadequacy and SIP Call', published at 75 Fed. Reg. 77698
(December 13, 2010).
``(F) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Finding of Failure to
Submit State Implementation Plan Revisions Required for
Greenhouse Gases', published at 75 Fed. Reg. 81874 (December
29, 2010).
``(G) `Action To Ensure Authority To Issue Permits Under
the Prevention of Significant Deterioration Program to
Sources of Greenhouse Gas Emissions: Federal Implementation
Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
``(H) `Action To Ensure Authority To Implement Title V
Permitting Programs Under the Greenhouse Gas Tailoring Rule',
published at 75 Fed. Reg. 82254 (December 30, 2010).
``(I) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program', published at 75 Fed. Reg. 82430
(December 30, 2010).
``(J) `Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-
Sources in State Implementation Plans; Final Rule', published
at 75 Fed. Reg. 82536 (December 30, 2010).
``(K) `Determinations Concerning Need for Error Correction,
Partial Approval and Partial Disapproval, and Federal
Implementation Plan Regarding Texas Prevention of Significant
Deterioration Program; Proposed Rule', published at 75 Fed.
Reg. 82365 (December 30, 2010).
``(L) Except for action listed in paragraph (2), any other
Federal action under this Act occurring before the date of
enactment of this section that applies a stationary source
permitting requirement or an emissions standard for a
greenhouse gas to address climate change.
``(5) State action.--
``(A) No limitation.--This section does not limit or
otherwise affect the authority of a State to adopt, amend,
enforce, or repeal State laws and regulations pertaining to
the emission of a greenhouse gas.
``(B) Exception.--
``(i) Rule.--Notwithstanding subparagraph (A), any
provision described in clause (ii)--
``(I) is not federally enforceable;
``(II) is not deemed to be a part of Federal law; and
``(III) is deemed to be stricken from the plan described in
clause (ii)(I) or the program or permit described in clause
(ii)(II), as applicable.
``(ii) Provisions defined.--For purposes of clause (i), the
term `provision' means any provision that--
``(I) is contained in a State implementation plan under
section 110 and authorizes or requires a limitation on, or
imposes a permit requirement for, the emission of a
greenhouse gas to address climate change; or
``(II) is part of an operating permit program under title
V, or a permit issued pursuant to title V, and authorizes or
requires a limitation on the emission of a greenhouse gas to
address climate change.
``(C) Action by administrator.--The Administrator may not
approve or make federally enforceable any provision described
in subparagraph (B)(ii).''.
SEC. 1003. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is
amended by adding at the end the following:
``(4) With respect to standards for emissions of greenhouse
gases (as defined in section 330) for model year 2017 or any
subsequent model year for new motor vehicles and new motor
vehicle engines--
``(A) the Administrator may not waive application of
subsection (a); and
``(B) no waiver granted prior to the date of enactment of
this paragraph may be considered to waive the application of
subsection (a).''.
______Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
September 21, 2012