Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Program for Offshore Wind Energy
Research and Development Act of 2010'' or the ``POWERED Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of the date of enactment of this Act, there are no
        installed offshore wind power projects in the United States;
            (2) according to the Eastern Wind Integration and
        Transmission Study, high penetrations of wind generation are
        technically feasible with the expansion of transmission
        infrastructure; and
            (3) to generate 20 percent of the electricity generation of
        the United States from wind by 2030, as described in the report
        entitled ``20 Percent Wind Energy by 2030'' and prepared by the
        Secretary, technological advances for offshore wind power will
        be required to enable cost reduction and performance
        improvement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Offshore wind power.--The term ``offshore wind power''
        means the generation of electricity from the deployment of wind
        turbines in the Great Lakes and other inland navigable waters
        or in coastal waters of the United States, including the
        territorial sea, the exclusive economic zone, and the outer
        Continental Shelf.
            (2) Program.--The term ``Program'' means the Offshore Wind
        Power Research and Development Program established under
        section 5.
            (3) Roadmap.--The term ``roadmap'' means an integrated plan
        for achieving a substantial economically self-supporting
        offshore wind power industry in the United States during the
        near-term period of up to 2 years, the mid-term period of up to
        7 years, and long-term period of up to 10 years beginning on
        the date of enactment of this Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 4. ROADMAP TO AN OFFSHORE WIND POWER FUTURE.

    (a) In General.--Not later than 120 days after the date of
enactment of this Act, in accordance with subsection (c), the Secretary
shall initiate the development of a comprehensive roadmap to assist and
coordinate offshore wind power implementation efforts.
    (b) Components.--At a minimum, the roadmap shall include--
            (1) a compilation and synthesis of the previous analyses
        that have been conducted in the United States examining the
        potential for offshore wind power;
            (2)(A) an assessment of the technological advances and
        research needed to make offshore wind power turbines more cost
        competitive (both in initial installation and in ongoing
        maintenance); and
            (B) recommendations on Federal support to promote research
        and demonstration projects (including deepwater facilities) to
        achieve the advances;
            (3)(A) an assessment of the various policy supports that
        would promote the United States marketplace for offshore wind
        power energy, taking into consideration best practices from
        international programs, including--
                    (i) feed-in tariff programs;
                    (ii) grid access policies;
                    (iii) support to improve the transmission capacity
                of the electrical grid to absorb power from large
                offshore wind energy projects;
                    (iv) policies for streamlining project approval and
                contractual agreements; and
                    (v) domestic content requirements for wind farm
                developers; and
            (B) recommendations on Federal and State policies that
        should be enacted to prudently promote offshore wind power in
        the United States;
            (4)(A) an assessment of the offshore wind power permitting
        system (including the requirements for securing permits for
        both inland and coastal waters); and
            (B) recommendations on appropriate administrative and
        regulatory changes to encourage and streamline offshore wind
        power development in the United States while responsibly
        safeguarding the public interests and environmental
        considerations;
            (5) an assessment of the resources that will be required to
        develop the infrastructure necessary to build offshore wind
        power farms, including--
                    (A)(i) an assessment of the suitability of the
                United States fleet for installation of offshore wind
                power turbines and associated foundations and
                transmission lines; and
                    (ii) an examination of the costs and technology for
                alternative designs of ships and barges that may need
                to be constructed (including potential domestic
                suppliers of the ships and barges);
                    (B) an assessment of dock, crane, and laydown
                requirements for building offshore wind power and the
                capabilities of United States ports relative to those
                requirements (including associated costs of any
                necessary expansions); and
                    (C)(i) an assessment of specific skill-sets of
                personnel needed to install and maintain offshore wind
                power in the United States;
                    (ii) an estimate of the required quantities of
                workers required to keep pace with the anticipated
                expansion of the domestic offshore wind power market;
                and
                    (iii) a description of training and curricula
                required to produce the necessary workforce;
            (6) an assessment of--
                    (A) the manner in which winter ice flows affect
                offshore wind power turbine towers; and
                    (B) the necessary technology (including costs) to
                mitigate any potential negative impacts;
            (7) an assessment of the various domestic manufacturing
        entities that can be involved in supplying offshore wind power
        turbines and components, including the necessary capital
        required to convert the existing operations of the entities to
        support the offshore wind power industry;
            (8) an assessment of--
                    (A) the energy storage requirements that may be
                needed to establish offshore wind installations; and
                    (B) the supply chain availability of current
                technologies to meet the energy storage requirements;
                and
            (9) an assessment of--
                    (A) freshwater offshore wind potential; and
                    (B) deepwater offshore wind potential, including--
                            (i) designs of floating offshore wind
                        turbine systems;
                            (ii) manufacturing and deployment
                        logistics; and
                            (iii) suitable locations for demonstration
                        projects.
    (c) Consultation Requirements.--In carrying out subsection (b), the
Secretary shall--
            (1) in consultation with the Secretary of the Interior,
        carry out subsection (b)(4); and
            (2) in consultation with the Secretary of Commerce, carry
        out subsection (b)(6).
    (d) Report.--Not later than 180 days after the enactment of this
Act, the Secretary shall submit a report that describes the roadmap and
makes any recommendations to--
            (1) the Committee on Energy and Natural Resources of the
        Senate;
            (2) the Committee on Environment and Public Works of the
        Senate;
            (3) the Committee on Commerce, Science, and Transportation
        of the Senate;
            (4) the Committee on Energy and Commerce of the House of
        Representatives;
            (5) the Committee on Natural Resources of the House of
        Representatives; and
            (6) the Committee on Transportation and Infrastructure of
        the House of Representatives.

SEC. 5. OFFSHORE WIND POWER RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Not later than 120 days after the date of
enactment of this Act, in accordance with subsection (e), the Secretary
shall establish the Offshore Wind Power Research and Development
Program to assist and coordinate offshore wind power analysis and
offshore wind power implementation efforts consistent with the roadmap
developed under section 4.
    (b) Research, Development, and Demonstration Centers.--
            (1) In general.--Under the Program, in accordance with
        paragraph (2), the Secretary shall award, on a competitive
        basis with an emphasis on technical merit, grants to academic
        institutions or industry-academic consortia to establish 2 or
        more national offshore wind centers.
            (2) Selection.--In selecting academic institutions or
        industry-academic consortia, the Secretary shall ensure that--
                    (A) not less than 1 national offshore wind center
                focuses on transitional depth and deepwater floating
                offshore wind energy technologies; and
                    (B) not less than 1 national offshore wind center
                focuses on shallow water offshore wind energy
                technologies.
    (c) Grants.--
            (1) In general.--Under the Program, the Secretary shall
        award grants to States, academic institutions, and industry-
        academic consortia to conduct coordinated, cohesive offshore
        wind power analysis, research, and development projects
        consistent with the roadmap developed under section 4.
            (2) Use of department of energy investments.--In carrying
        out paragraph (1), the Secretary shall, to the maximum extent
        practicable, leverage investments of the Department of Energy
        relating to the activities described in that paragraph.
    (d) Scope of Activities To Be Proposed.--The Secretary shall
request proposals for projects under this section for carrying out 1 or
more of the following activities:
            (1) Development of alternative State policies for orderly
        use of offshore wind power in State power planning, including
        State incentives for development.
            (2) Quantitative estimation of the offshore wind power
        resource, including--
                    (A) wind directions and strengths (including wind
                speed frequency distribution at technologically
                significant heights, analyzed with the wind speed
                average and turbulence intensity);
                    (B) bathymetry;
                    (C) waves and currents;
                    (D) seasonal air and water temperature
                distributions;
                    (E) potential ice formation in the water and on the
                blades;
                    (F) marine and lacustrine geology studies;
                    (G) the earthquake potential of the area;
                    (H) potential points for grid connection according
                to current and future grid power evacuation and wind
                farm power; and
                    (I) exclusion of competing uses.
            (3) Analysis of offshore wind power to formulate
        recommendations for interconnection of offshore sites to each
        other and to the mainland.
            (4) Development of plans for integration of the wind
        resource into the electric grid, including--
                    (A) grid transmission and distribution topology;
                    (B) systems analysis for reliable and efficient
                large-scale wind power integration;
                    (C) multilevel automatic control management of the
                power system;
                    (D) voltage and frequency regulation;
                    (E) a plan to coordinate new offshore wind farms
                with existing classical generators;
                    (F) energy storage for managing the variability in
                power production and load demand; and
                    (G) load demand and wind speed prediction.
            (5) Analysis of the potential wildlife and ecological
        effects, which may include on-site field study of possible
        wildlife impacts and any visual effects to adjacent
        communities.
            (6) Study of infrastructure needs, academic programs at
        institutions of higher education, training, employment, and
        other economic impacts of permitted and potential offshore wind
        power projects.
            (7) Development of an advanced concept offshore wind
        turbine generator that would use alternative designs not being
        implemented, such as new wind turbine blade, drivetrain, and
        electrical generator configurations.
            (8) Optimization of the configuration of wind turbines in
        offshore arrays to improve overall efficiency.
            (9) Development of advanced materials, manufacturing
        techniques, and deployment strategies that could reduce
        installation and operation costs including advanced blade
        manufacturing activity (including automation, materials, and
        the assembly of large-scale components) to stimulate the
        development of the blade manufacturing capacity of the United
        States.
            (10) Design, demonstration, and deployment of advanced
        foundations, anchors, moorings, and other components that
        reduce costs and can sustain severe water and ice flow
        conditions for application in shallow water, transitional
        depths, and deep offshore water.
            (11) Research focused on improving the reliability of wind
        turbine subsystems and components critical to offshore
        locations.
            (12) Development of floating platforms, anchors, and
        mooring technologies that extend the water depth of
        installations that--
                    (A) increase available site locations; and
                    (B) reduce the effect of the view from the shore.
            (13) Development of advanced control systems for offshore
        wind turbines, gravity and floating foundations, and combining
        hydrodynamics and aerodynamics, including mechanical loads
        attenuation, high power quality, optimum reliability, and
        health monitoring.
            (14) Research on the design of large blades, including
        efficient airfoils, de-icing systems, structural analysis,
        materials, and appropriate control systems for load
        attenuation.
            (15) Design and development of new deployment vessels that
        reduce the cost of installation and maintenance of offshore
        wind turbines and submarine cables.
            (16) Development of advanced power electronics and
        alternating current or direct current electrical systems to
        connect offshore wind farms to each other and the mainland
        electrical grid.
            (17) Full-scale testing and establishment of experimental
        offshore wind farms and other projects--
                    (A) to demonstrate advanced offshore wind
                components and systems; and
                    (B) to validate technology and performance issues
                relating to the components.
    (e) Consultation Requirements.--In carrying out subsection (d), the
Secretary shall--
            (1) in consultation with the Secretary of the Interior,
        carry out--
                    (A) subsection (d)(2)(G); and
                    (B) subsection (d)(5); and
            (2) in consultation with the Secretary of Commerce, carry
        out subparagraphs (A) through (F), (H), and (I) of subsection
        (d)(2).
    (f) Proposal Review and Selection Criteria.--The Secretary shall
review applications, and rank and award proposals that--
            (1) contain a written plan by each participating State
        government, academic institution, or academic-industry
        consortia describing the manner in which the information
        developed will be used for, and integrated into, decisions
        regarding offshore wind power;
            (2) include as part of the proposal activity, the training
        of professionals in analysis of offshore wind power to enhance
        the national offshore wind power analysis capability;
            (3) propose to carry out 1 or more of the activities
        described in subsection (d) and provide evidence of a proven
        capability to carry out the activities, as demonstrated
        through--
                    (A) prior research, publications, patents, and
                advising of government and industry regarding offshore
                wind power research; or
                    (B) in the absence of that experience, demonstrated
                capability in general wind power research or other
                fields that may be transferred to offshore wind power;
            (4) have scientific merit in the fields of science,
        engineering, or social science required to carry out the
        activities described in subsection (d);
            (5) supplement efforts carried out as of the date of
        enactment of this Act by the Secretary of the Interior, the
        Secretary of Commerce, and the heads of other applicable
        Federal agencies to address data needs for the development of
        offshore wind power as identified in consultation with the
        heads of the applicable Federal agencies;
            (6) are consistent with a preference for proposals that are
        identified in the roadmap as strongly contributing to near-term
        and mid-term development targets; and
            (7) have a term of not less than 1 year and not more than 4
        years.
    (g) Reports.--A State, academic institution, or industry-academic
consortia that receives a grant under this section shall submit a
report that describes the findings of the research and development
conducted with the grant to--
            (1) the Secretary;
            (2) the Secretary of Commerce;
            (3) the Secretary of the Interior; and
            (4) the Chief of Engineers.
    (h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2011 through 2015.

SEC. 6. USE OF RENEWABLE ENERGY TO COMPLY WITH FEDERAL RENEWABLE
              ELECTRICITY STANDARD.

    Section 610(c)(2) of the Public Utility Regulatory Policies Act of
1978 (as added by section 132 of the American Clean Energy and
Leadership Act of 2009) is amended--
            (1) in subparagraph (H), by striking ``and'' after the
        semicolon at the end;
            (2) in subparagraph (I)(iv), by striking the period at the
        end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(J) allow triple credits for generation of energy
                from offshore wind power.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such
sums as are necessary.

Output:
Program for Offshore Wind Energy Research and Development Act of 2010 or the POWERED Act of 2010 - Requires the Secretary of Energy (DOE) to initiate the development of a comprehensive roadmap to assist and coordinate offshore wind power implementation efforts. Defines "offshore wind power" to mean the generation of electricity from the deployment of wind turbines in the Great Lakes and other inland navigable waters or in U.S. coastal waters, including the territorial sea, the exclusive economic zone, and the outer continental shelf.

Requires the Secretary to: (1) establish the Offshore Wind Power Research and Development Program to assist and coordinate offshore wind power analysis and implementation efforts consistent with the roadmap; (2) award grants to academic institutions or industry-academic consortia to establish two or more national offshore wind centers on a competitive basis with an emphasis on technical merit; (3) ensure, in selecting academic institutions or industry-academic consortia, that at least one center focuses on transitional depth and deepwater floating offshore wind energy technologies and at least one center focuses on shallow water offshore wind energy technologies; (4) award grants to states, academic institutions, and industry-academic consortia to conduct coordinated, cohesive offshore wind power analysis, research, and development projects; and (5) request grant proposals for Program projects for implementing specified activities, plans, analysis, studies, and research related to developing offshore wind power.

Amends the Public Utility Regulatory Policies Act of 1978, as it would be amended by the American Clean Energy Leadership Act of 2009 as reported to the Senate as an original measure on July 16, 2009 (S.1462), to revise the federal renewable energy credit trading program by allowing triple credits for the generation of energy from offshore wind power.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Rights-of-Way Permitting
Efficiency Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds that, as of the date of enactment of this Act--
            (1) the United States has been the world leader in Internet
        and telecommunications technology growth, and the people of the
        United States now rely on broadband connectivity as an
        increasingly necessary part of daily life;
            (2) broadband services are used by private citizens,
        businesses, public groups, and government agencies throughout
        the United States to communicate, access information, share
        cultures, develop technologies, and grow economies nationally
        and internationally;
            (3) while wireless and broadband technologies have
        contributed significantly to progress throughout the United
        States, lack of broadband deployment to rural communities has
        put rural parties at a greater disadvantage for economic
        development; and
            (4) delays in the permitting process are costly and
        discouraging to broadband deployment and further discourage
        broadband deployment to rural areas.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Broadband project.--The term ``broadband project''
        means a project under which a broadband provider installs
        broadband infrastructure, including copper lines or fiber optic
        lines, on Federal land.
            (2) Broadband provider.--The term ``broadband provider''
        means a facilities-based provider of broadband capability that
        enables a user to originate and receive high-quality voice,
        data, graphics, and video telecommunications.
            (3) Operational right-of-way.--The term ``operational
        right-of-way'' means all real property interests (including
        easements) acquired for the construction or operation of a
        project, including the locations of the roadway, bridges,
        interchanges, culverts, drainage, clear zone, traffic control
        signage, landscaping, copper and fiber optic lines, utility
        shelters, and broadband infrastructure as installed by
        broadband providers, and any rest areas with direct access to a
        controlled access highway or the National Highway System.
            (4) Project.--The term ``project'' has the meaning given
        the term in section 101(a) of title 23, United States Code.
            (5) Secretary concerned.--The term ``Secretary concerned''
        means--
                    (A) the Secretary of Agriculture (acting through
                the Chief of the Forest Service), with respect to
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to
                land managed by the Bureau of Land Management
                (including land held for the benefit of an Indian
                tribe).

SEC. 4. STATE PERMITTING AUTHORITY.

    (a) In General.--The Secretaries concerned shall jointly establish
a program under which any State may offer, and the Secretary concerned
shall agree, to enter into a memorandum of understanding with the
Secretary concerned to allow for the permitting of broadband within an
operational right-of-way in accordance with this section.
    (b) Assumption of Responsibilities.--
            (1) In general.--In entering into a memorandum of
        understanding under this section, the Secretary concerned may
        assign to the State, and the State may agree to assume, all or
        part of the responsibilities of the Secretary concerned for
        environmental review, consultation, or other action required
        under any Federal environmental law pertaining to the review or
        approval of a specific operational right-of-way broadband
        project.
            (2) State responsibility.--
                    (A) In general.--A State that assumes any
                responsibility under paragraph (1) shall be subject to
                the same procedural and substantive requirements as
                would apply if the responsibility were carried out by
                the Secretary concerned.
                    (B) Effect of assumption of responsibility.--A
                State that assumes any responsibility under paragraph
                (1) shall be solely responsible and solely liable for
                carrying out, in lieu of the Secretary concerned, the
                responsibilities assumed under that paragraph until
                date on which the program is terminated under
                subsection (f).
                    (C) Environmental review.--A State that assumes any
                responsibility under paragraph (1) shall comply with
                the environmental review procedures under part 771 of
                title 23, Code of Federal Regulations (or successor
                regulations).
            (3) Federal responsibility.--Any responsibility of the
        Secretary concerned described in paragraph (1) that is not
        explicitly assumed by the State in the memorandum of
        understanding shall remain the responsibility of the Secretary
        concerned.
    (c) Offer and Notification.--A State that intends to offer to enter
into a memorandum of understanding under this section shall provide to
the Secretary concerned notice of the intent of the State not later
than 90 days before the date on which the State submits a formal
written offer to the Secretary concerned.
    (d) Memorandum of Understanding.--A memorandum of understanding
entered into under this section shall--
            (1) be executed by the Governor or the top-ranking
        transportation official in the State who is charged with
        responsibility for highway construction;
            (2) be for a term not to exceed 10 years;
            (3) be in such form as the Secretary concerned may
        prescribe; and
            (4) provide that the State--
                    (A) agrees to assume all or part of the
                responsibilities of the Secretary concerned described
                in subsection (b)(1);
                    (B) expressly consents, on behalf of the State, to
                accept the jurisdiction of the Federal courts for the
                compliance, discharge, and enforcement of any
                responsibility of the Secretary concerned assumed by
                the State;
                    (C) certifies that State laws (including
                regulations) are in effect that--
                            (i) authorize the State to take the actions
                        necessary to carry out the responsibilities
                        being assumed; and
                            (ii) are comparable to section 552 of title
                        5, United States Code, including providing that
                        any decision regarding the public availability
                        of a document under the State laws is
                        reviewable by a court of competent
                        jurisdiction;
                    (D) agrees to maintain the financial resources
                necessary to carry out the responsibilities being
                assumed; and
                    (E) agrees to provide to the Secretary concerned
                any information the Secretary concerned considers
                necessary to ensure that the State is adequately
                carrying out the responsibilities assigned to and
                assumed by the State.
    (e) Limitation.--Nothing in this section permits a State to assume
any rulemaking authority of the Secretary concerned under any Federal
law.
    (f) Termination.--
            (1) Termination by the secretary.--The Secretary concerned
        may terminate the participation of any State in the program
        established under this section if--
                    (A) the Secretary concerned determines that the
                State is not adequately carrying out the
                responsibilities assigned to and assumed by the State;
                    (B) the Secretary concerned provides to the State--
                            (i) notification of the determination of
                        noncompliance; and
                            (ii) a period of at least 30 days during
                        which to take such corrective action as the
                        Secretary concerned determines is necessary to
                        comply with the applicable agreement; and
                    (C) the State, after the notification and period
                provided under subparagraph (B), fails to take
                satisfactory corrective action, as determined by the
                Secretary concerned.
            (2) Termination by the state.--A State may terminate the
        participation of the State in the program established under
        this section at any time by providing to the Secretary
        concerned a notice of intent to terminate by not later than the
        date that is 90 days before the date of termination.

SEC. 5. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN OPERATIONAL RIGHTS-
              OF-WAY.

    The Secretary concerned shall--
            (1) not later than 180 days after the date of enactment of
        this Act, designate any project within an existing operational
        right-of-way as an action categorically excluded from the
        requirements relating to environmental assessments or
        environmental impact statements under section 1508.4 of title
        40, Code of Federal Regulations, and section 771.117(c) of
        title 23, Code of Federal Regulations (or successor
        regulations); and
            (2) not later than 150 days after the date of enactment of
        this Act, promulgate regulations to carry out paragraph (1).

SEC. 6. FEDERAL BROADBAND PERMIT COORDINATION.

    (a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the Interior.
    (b) Establishment.--The Secretary shall establish a Federal Permit
Streamlining Project in each Bureau of Land Management field office
with responsibility for issuing permits for broadband projects.
    (c) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Secretary, in consultation with the
        National Conference of State Historic Preservation Officers,
        shall enter into a memorandum of understanding to carry out
        this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental
                Protection Agency;
                    (C) the Administrator of the Federal Highway
                Administration; and
                    (D) the Director of the United States Fish and
                Wildlife Service.
            (2) Lead agency.--As part of the memorandum of
        understanding under paragraph (1), the Secretary shall act as
        the lead agency in issuing a single permit for each broadband
        project on behalf of all Federal agencies involved in the
        broadband project.
            (3) State participation.--The Secretary may request that
        the Governor of any State with one or more broadband projects
        be a party to the memorandum of understanding under paragraph
        (1).
            (4) Designation of qualified staff.--
                    (A) In general.--Not later than 30 days after the
                date of entrance into the memorandum of understanding
                under paragraph (1), the head of each Federal agency
                that is a party to the memorandum of understanding
                (other than the Secretary) shall, if the head of the
                Federal agency determines it to be appropriate,
                designate to each Bureau of Land Management field
                office an employee of that Federal agency with
                expertise in regulatory issues relating to that Federal
                agency, including, as applicable, particular expertise
                in--
                            (i) planning under the Forest and Rangeland
                        Renewable Resources Planning Act of 1974 (16
                        U.S.C. 1600 et seq.);
                            (ii) the preparation of analyses under the
                        National Environmental Policy Act of 1969 (42
                        U.S.C. 4321 et seq.);
                            (iii) programs under chapter 1 and chapter
                        2 of title 23, United States Code; or
                            (iv) consultation and the preparation of
                        biological opinions under section 7 of the
                        Endangered Species Act of 1973 (16 U.S.C.
                        1536).
                    (B) Duties.--Each employee designated under
                subparagraph (A) shall--
                            (i) not later than 90 days after the date
                        of designation, report to the manager of the
                        Bureau of Land Management field office to which
                        the employee is assigned;
                            (ii) be responsible for any issue relating
                        to any broadband project within the
                        jurisdiction of the field office described in
                        clause (i) under the authority of the Federal
                        agency from which the employee is assigned;
                            (iii) participate as part of the team of
                        personnel working on one or more proposed
                        broadband projects, including planning and
                        environmental analyses; and
                            (iv) serve as the designated point of
                        contact with any applicable State that assumes
                        any responsibility under section 4(b)(1)
                        relating to any issue described in clause (ii).
    (d) Funding.--This section shall be carried out using such amounts
as are necessary from other amounts available that are not otherwise
obligated.

Output: Highway Rights-of-Way Permitting Efficiency Act of 2017 This bill requires the Department of Agriculture (USDA), with respect to National Forest System land, and the Department of the Interior, with respect to Bureau of Land Management (BLM) land, to establish a program to enter into memoranda of understanding with states to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, or a state's top-ranking transportation official in charge of highway construction, may enter into such a memorandum for a term not to exceed 10 years if the state consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, and (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities. USDA and Interior must designate projects within an existing operational right-of-way as actions categorically excluded from federal regulations relating to environmental assessments or environmental impact statements. Interior must establish a Federal Permit Streamlining Project in each BLM field office with responsibility for issuing permits for broadband projects. Under the program, Interior acts as the lead agency for the issuance of a single permit on behalf of all other federal agencies involved in a broadband project through a memorandum of understanding with USDA, the Environmental Protection Agency, the Federal Highway Administration, and the U.S. Fish and Wildlife Service.


Input:
SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS.

    (a) Commodity Exchange Act Amendments.--Section 2(h)(7)(D) of the
Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended--
            (1) by redesignating clause (iii) as clause (v);
            (2) by striking clauses (i) and (ii) and inserting the
        following:
                            ``(i) In general.--An affiliate of a person
                        that qualifies for an exception under
                        subparagraph (A) (including affiliate entities
                        predominantly engaged in providing financing
                        for the purchase of the merchandise or
                        manufactured goods of the person) may qualify
                        for the exception only if the affiliate--
                                    ``(I) enters into the swap to hedge
                                or mitigate the commercial risk of the
                                person or other affiliate of the person
                                that is not a financial entity, and the
                                commercial risk that the affiliate is
                                hedging or mitigating has been
                                transferred to the affiliate;
                                    ``(II) is directly and wholly-owned
                                by another affiliate qualified for the
                                exception under this subparagraph or an
                                entity that is not a financial entity;
                                    ``(III) is not indirectly majority-
                                owned by a financial entity;
                                    ``(IV) is not ultimately owned by a
                                parent company that is a financial
                                entity; and
                                    ``(V) does not provide any
                                services, financial or otherwise, to
                                any affiliate that is a nonbank
                                financial company supervised by the
                                Board of Governors (as defined under
                                section 102 of the Financial Stability
                                Act of 2010).
                            ``(ii) Limitation on qualifying
                        affiliates.--The exception in clause (i) shall
                        not apply if the affiliate is--
                                    ``(I) a swap dealer;
                                    ``(II) a security-based swap
                                dealer;
                                    ``(III) a major swap participant;
                                    ``(IV) a major security-based swap
                                participant;
                                    ``(V) a commodity pool;
                                    ``(VI) a bank holding company;
                                    ``(VII) a private fund, as defined
                                in section 202(a) of the Investment
                                Advisers Act of 1940 (15 U.S.C. 80-b-
                                2(a));
                                    ``(VIII) an employee benefit plan
                                or government plan, as defined in
                                paragraphs (3) and (32) of section 3 of
                                the Employee Retirement Income Security
                                Act of 1974 (29 U.S.C. 1002);
                                    ``(IX) an insured depository
                                institution;
                                    ``(X) a farm credit system
                                institution;
                                    ``(XI) a credit union;
                                    ``(XII) a nonbank financial company
                                supervised by the Board of Governors
                                (as defined under section 102 of the
                                Financial Stability Act of 2010); or
                                    ``(XIII) an entity engaged in the
                                business of insurance and subject to
                                capital requirements established by an
                                insurance governmental authority of a
                                State, a territory of the United
                                States, the District of Columbia, a
                                country other than the United States,
                                or a political subdivision of a country
                                other than the United States that is
                                engaged in the supervision of insurance
                                companies under insurance law.
                            ``(iii) Limitation on affiliates'
                        affiliates.--Unless the Commission determines,
                        by order, rule, or regulation, that it is in
                        the public interest, the exception in clause
                        (i) shall not apply with respect to an
                        affiliate if the affiliate is itself affiliated
                        with--
                                    ``(I) a major security-based swap
                                participant;
                                    ``(II) a security-based swap
                                dealer;
                                    ``(III) a major swap participant;
                                or
                                    ``(IV) a swap dealer.
                            ``(iv) Conditions on transactions.--With
                        respect to an affiliate that qualifies for the
                        exception in clause (i)--
                                    ``(I) the affiliate may not enter
                                into any swap other than for the
                                purpose of hedging or mitigating
                                commercial risk; and
                                    ``(II) neither the affiliate nor
                                any person affiliated with the
                                affiliate that is not a financial
                                entity may enter into a swap with or on
                                behalf of any affiliate that is a
                                financial entity or otherwise assume,
                                net, combine, or consolidate the risk
                                of swaps entered into by any such
                                financial entity, except one that is an
                                affiliate that qualifies for the
                                exception under clause (i).''; and
            (3) by adding at the end the following:
                            ``(vi) Risk management program.--Any swap
                        entered into by an affiliate that qualifies for
                        the exception in clause (i) shall be subject to
                        a centralized risk management program of the
                        affiliate, which is reasonably designed both to
                        monitor and manage the risks associated with
                        the swap and to identify each of the affiliates
                        on whose behalf a swap was entered into.''.
    (b) Securities Exchange Act of 1934 Amendment.--Section 3C(g)(4) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)) is
amended--
            (1) by redesignating subparagraph (C) as subparagraph (E);
            (2) by striking subparagraphs (A) and (B) and inserting the
        following:
                    ``(A) In general.--An affiliate of a person that
                qualifies for an exception under this subsection
                (including affiliate entities predominantly engaged in
                providing financing for the purchase of the merchandise
                or manufactured goods of the person) may qualify for
                the exception only if the affiliate--
                            ``(i) enters into the security-based swap
                        to hedge or mitigate the commercial risk of the
                        person or other affiliate of the person that is
                        not a financial entity, and the commercial risk
                        that the affiliate is hedging or mitigating has
                        been transferred to the affiliate;
                            ``(ii) is directly and wholly-owned by
                        another affiliate qualified for the exception
                        under this paragraph or an entity that is not a
                        financial entity;
                            ``(iii) is not indirectly majority-owned by
                        a financial entity;
                            ``(iv) is not ultimately owned by a parent
                        company that is a financial entity; and
                            ``(v) does not provide any services,
                        financial or otherwise, to any affiliate that
                        is a nonbank financial company supervised by
                        the Board of Governors (as defined under
                        section 102 of the Financial Stability Act of
                        2010).
                    ``(B) Limitation on qualifying affiliates.--The
                exception in subparagraph (A) shall not apply if the
                affiliate is--
                            ``(i) a swap dealer;
                            ``(ii) a security-based swap dealer;
                            ``(iii) a major swap participant;
                            ``(iv) a major security-based swap
                        participant;
                            ``(v) a commodity pool;
                            ``(vi) a bank holding company;
                            ``(vii) a private fund, as defined in
                        section 202(a) of the Investment Advisers Act
                        of 1940 (15 U.S.C. 80-b-2(a));
                            ``(viii) an employee benefit plan or
                        government plan, as defined in paragraphs (3)
                        and (32) of section 3 of the Employee
                        Retirement Income Security Act of 1974 (29
                        U.S.C. 1002);
                            ``(ix) an insured depository institution;
                            ``(x) a farm credit system institution;
                            ``(xi) a credit union;
                            ``(xii) a nonbank financial company
                        supervised by the Board of Governors (as
                        defined under section 102 of the Financial
                        Stability Act of 2010); or
                            ``(xiii) an entity engaged in the business
                        of insurance and subject to capital
                        requirements established by an insurance
                        governmental authority of a State, a territory
                        of the United States, the District of Columbia,
                        a country other than the United States, or a
                        political subdivision of a country other than
                        the United States that is engaged in the
                        supervision of insurance companies under
                        insurance law.
                    ``(C) Limitation on affiliates' affiliates.--Unless
                the Commission determines, by order, rule, or
                regulation, that it is in the public interest, the
                exception in subparagraph (A) shall not apply with
                respect to an affiliate if such affiliate is itself
                affiliated with--
                            ``(i) a major security-based swap
                        participant;
                            ``(ii) a security-based swap dealer;
                            ``(iii) a major swap participant; or
                            ``(iv) a swap dealer.
                    ``(D) Conditions on transactions.--With respect to
                an affiliate that qualifies for the exception in
                subparagraph (A)--
                            ``(i) such affiliate may not enter into any
                        security-based swap other than for the purpose
                        of hedging or mitigating commercial risk; and
                            ``(ii) neither such affiliate nor any
                        person affiliated with such affiliate that is
                        not a financial entity may enter into a
                        security-based swap with or on behalf of any
                        affiliate that is a financial entity or
                        otherwise assume, net, combine, or consolidate
                        the risk of security-based swaps entered into
                        by any such financial entity, except one that
                        is an affiliate that qualifies for the
                        exception under subparagraph (A).''; and
            (3) by adding at the end the following:
                    ``(F) Risk management program.--Any security-based
                swap entered into by an affiliate that qualifies for
                the exception in subparagraph (A) shall be subject to a
                centralized risk management program of the affiliate,
                which is reasonably designed both to monitor and manage
                the risks associated with the security-based swap and
                to identify each of the affiliates on whose behalf a
                security-based swap was entered into.''.

            Passed the House of Representatives November 16, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: (This measure has not been amended since it was reported to the House on October 26, 2015.  (Sec. 1) This bill amends the Commodity Exchange Act and the Securities Exchange Act of 1934 regarding clearing requirements for certain affiliate swap transactions to revise the conditions under which an affiliate of a person that qualifies for an exception from clearing requirements may itself qualify for such exceptions. The affiliate must be:  directly and wholly-owned by another affiliate qualified for the exception or an entity that is not a financial entity; not indirectly majority-owned by a financial entity; not ultimately owned by a parent company that is a financial entity; and an affiliate that does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors of the Federal Reserve System.  The bill disqualifies for the exceptions, however, any affiliate that is:  a swap dealer, a security-based swap dealer, a major swap participant, a major security-based swap participant, or a commodity pool (all disqualified under current law); a bank holding company (not, as under current law, only a bank holding company with over $50 billion in consolidated assets); a specified kind of private fund; an employee benefit plan or government plan under the Employee Retirement Income Security Act of 1974 (ERISA); an insured depository institution; a farm credit system institution; a credit union; a nonbank financial company supervised by the Federal Reserve Board; or an entity engaged in the business of insurance and subject to state or foreign government capital requirements.  Unless the Commodity Futures Trading Commission or the Securities and Exchange Commission determines it is in the public interest, however, the exception from clearing requirements shall not apply to an affiliate that is itself affiliated with: (1) a major security-based swap participant; (2) a security-based swap dealer; (3) a major swap participant; or (4) a swap dealer. An affiliate that does qualify for the exception from clearing requirements may not enter into any swap other than to hedge or mitigate commercial risk.  The bill also prohibits the affiliate, and any person affiliated with the affiliate that is not a financial entity, from:  entering into a swap with or on behalf of any affiliate that is a financial entity; or otherwise assuming, netting, combining, or consolidating the risk of swaps entered into by any such financial entity, except an affiliate that qualifies for the exception from clearing requirements.   Any swap entered into by an affiliate that qualifies for the exception from clearing requirements shall be subject to the affiliate's centralized risk management program, provided it is designed both to: (1) monitor and manage swap associated risks, and (2) identify each affiliate upon whose behalf a swap was entered into.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep It in the Ground Act of 2015''.

SEC. 2. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds that--
            (1) from 1880 through 2014, global temperatures have
        increased by about 0.9 degrees Celsius;
            (2) the vast majority of global warming that has occurred
        over the past 50 years was due to human activities, primarily
        the burning of fossil fuels;
            (3) emissions of greenhouse gases and atmospheric
        concentrations of greenhouse gases continue to rise, which
        results in a continued warming trend;
            (4) global warming already has a significant impact on the
        economy, including the farming, fishing, forestry, and
        recreation industries;
            (5) the significant impacts of global warming that are
        already occurring will be amplified by a global temperature
        increase of 2 degrees Celsius, which will lead to increased
        droughts, rising seas, mass extinctions, heat waves,
        desertification, wildfires, acidifying oceans, significant
        economic disruption, and security threats;
            (6) to avoid exceeding 2 degrees Celsius warming, at least
        80 percent of carbon from proven fossil fuel reserves must be
        kept in the ground;
            (7) the potential emissions resulting from extracting and
        burning all fossil fuels on Federal land and waters amounts to
        a significant percentage of the greenhouse gas emissions limit;
        and
            (8) ending new leases for fossil fuels will prevent the
        release of 90 percent of the potential emissions from Federal
        fossil fuels.
    (b) Statement of Policy.--It is the policy of the United States
that--
            (1) Federal land and waters should be managed for the
        benefit of the people of the United States--
                    (A) to avoid the most dangerous impacts of climate
                change; and
                    (B) to promote a rapid transition to a clean energy
                economy by keeping fossil fuels in the ground; and
            (2) the Federal Government should pursue management of
        Federal land and waters for the benefit of the people of the
        United States by not issuing any new lease or renewing any
        nonproducing lease for coal, oil, or natural gas in any Federal
        land or waters.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Extend.--The term ``extend'' means the act of extending
        a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
        beyond the existing term of the lease.
            (2) Nonproducing lease.--The term ``nonproducing lease''
        means any lease under which no coal, oil, gas, oil shale, tar
        sands, or other fossil fuel approved in the lease contract has
        been extracted for commercial use.
            (3) Reinstate.--The term ``reinstate'' means the act of
        reinstating a lease under the Mineral Leasing Act (30 U.S.C.
        181 et seq.) after a violation of any term of the lease that
        resulted in suspension or cancellation of the lease.
            (4) Renew.--The term ``renew'' means the act of renewing a
        lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for
        a term that is not longer than the maximum renewal term for a
        lease under that Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO
              AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS.

    (a) Prohibition on New Oil and Gas Leasing on the Outer Continental
Shelf.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C.
1337) is amended by adding at the end the following:
    ``(q) Prohibition on New Oil and Gas Leasing on the Outer
Continental Shelf.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Extend.--
                            ``(i) In general.--The term `extend' means
                        the act of extending a lease under this Act
                        beyond the existing term of the lease.
                            ``(ii) Inclusion.--The term `extend'
                        includes the act of extending a lease following
                        a suspension under this Act.
                    ``(B) Nonproducing lease.--The term `nonproducing
                lease' means any lease under which any coal, oil, gas,
                oil shale, tar sands, or other fossil fuel approved in
                the lease contract has been extracted.
                    ``(C) Reinstate.--The term `reinstate' means the
                act of reinstating a lease under this Act after a
                violation of any term of the lease that resulted in
                suspension or cancellation of the lease.
                    ``(D) Renew.--The term `renew' means the act of
                renewing a lease under this Act for a term that is not
                longer than the maximum renewal term for a lease under
                this Act.
            ``(2) Prohibition.--Notwithstanding any other provision of
        this Act or any other law, the Secretary of the Interior shall
        not issue a new lease, renew, reinstate, or extend any
        nonproducing lease, or issue any other authorization for the
        exploration, development, or production of oil, natural gas, or
        any other fossil fuel in--
                    ``(A) the Arctic Ocean;
                    ``(B) the Atlantic Ocean, including the Straits of
                Florida;
                    ``(C) the Pacific Ocean;
                    ``(D) the Gulf of Mexico; or
                    ``(E) any other area of the outer Continental
                Shelf.''.
    (b) Cancellation of Existing Leases.--Notwithstanding any other
provision of law, not later than 60 days after the date of enactment of
this Act, the Secretary shall cancel any lease issued under section 8
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before
the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or
Chukchi Sea.

SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE
              LEASES ON FEDERAL LAND.

    Notwithstanding any other provision of law, the Secretary shall not
conduct any lease sale, enter into any new lease, reoffer for lease any
land covered by an expiring lease, or renew, reinstate, or extend any
nonproducing lease in existence on or before the date of enactment of
this Act for onshore fossil fuels, including coal, oil, tar sands, oil
shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C.
181 et seq.).

SEC. 6. EXCEPTIONS.

    (a) National Security.--
            (1) In general.--Subject to paragraph (2), the Secretary
        may exempt any provision of this Act or an amendment made by
        this Act for a lease if the Secretary determines, on the record
        and based on available information, that--
                    (A) there is an imminent national security threat;
                and
                    (B) issuing an exemption for the lease would
                significantly reduce the imminent national security
                threat.
            (2) Duration.--An exemption under paragraph (1) shall
        continue only for as long as the imminent national security
        threat persists.
    (b) Breach of Contract.--
            (1) In general.--Subject to paragraph (2), the Secretary
        may allow a nonproducing lease to be renewed or extended if--
                    (A) the nonproducing lease contract was signed
                before the date of enactment of this Act; and
                    (B) the Secretary determines that giving effect to
                any provision of this Act or an amendment made by this
                Act is likely to lead to a court with jurisdiction
                ruling that there was a material breach of the
                nonproducing lease contract.
            (2) Duration.--A renewal or extension under paragraph (1)
        shall be for the shortest time practicable, consistent with the
        terms of the nonproducing lease contract.

SEC. 7. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the
application of such a provision or amendment to any person or
circumstance is held to be invalid or unconstitutional, the remainder
of this Act, the amendments made by this Act, and the application of
those provisions and amendments to any person or circumstance shall not
be affected.

Output: Keep It in the Ground Act of 2015 This bill states as U.S. policy that: (1) federal land and waters should be managed for the benefit of the people of the United States to avoid the most dangerous impacts of climate change and to promote a rapid transition to a clean energy economy; and (2) the government should pursue management of federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any such land or waters.  The bill amends the Outer Continental Shelf Lands Act to prohibit the Department of the Interior from issuing a new lease, renewing, reinstating, or extending any nonproducing lease under such Act, or issuing any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in the Arctic Ocean, the Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, or any other area of the outer Continental Shelf. Interior shall: (1) cancel any lease issued under such Act before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea; and (2) not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence before such date for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act. Interior may exempt any provision of this Act if it determines that there is an imminent national security threat and that issuing an exemption would significantly reduce such threat, but only for as long as the threat persists. Interior may allow a nonproducing lease to be renewed or extended if: (1) the nonproducing lease contract was signed before enactment of this Act, and (2) Interior determines that giving effect to any provision of this Act is likely to lead to a court ruling that there was a material breach of the contract. Such a renewal or extension shall be for the shortest time practicable under the terms of the contract.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Veterans' Opportunity in
Education and Business Act of 2008''.

SEC. 2. CONTRACTING GOALS AND PREFERENCES FOR VETERAN-OWNED SMALL
              BUSINESS CONCERNS.

    Section 8127 of title 38, United States Code, is amended--
            (1) by redesignating subsections (j) and (k) as subsections
        (k) and (l), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j) Applicability of Requirements to Contracts.--(1) If the
Secretary enters, on or after June 1, 2007, into a contract, memorandum
of understanding, agreement, or other arrangement with any governmental
entity or person to acquire goods or services, or both, the Secretary
shall include in such contract, memorandum, agreement, or other
arrangement a requirement that the entity or person will comply with
the provisions of this section in acquiring such goods or services, or
both.
    ``(2) Coordination.--The Secretary shall take such action as may be
necessary to ensure that the efforts to comply with this section of the
Department and governmental entities and persons to which paragraph (1)
applies are coordinated.
    ``(3) The Secretary shall modify contracts, memoranda of
understanding, agreements, and other arrangements of the Department in
effect on the date of enactment of the Improving Veterans' Opportunity
in Education and Business Act of 2008 to comply with this subsection.
    ``(4) Nothing in this subsection shall be construed to supersede or
otherwise affect the authorities provided by and under the Small
Business Act (15 U.S.C. 631 et seq.)''.

SEC. 3. FIVE-YEAR PILOT PROGRAM FOR ON-CAMPUS WORKSTUDY POSITIONS.

    (a) Establishment of Pilot Program.--The Secretary of Veterans
Affairs shall conduct a five-year pilot project to test the feasibility
and advisability of expanding the scope of qualifying workstudy
activities for purposes of section 3485(a)(4) of title 38, United
States Code, including workstudy positions available on site at
educational institutions.
    (b) Type of Workstudy Positions.--The workstudy positions referred
to in subsection (a) may include positions in academic departments
(including positions as tutors or research, teaching, and lab
assistants) and in student services (including positions in career
centers and financial aid, campus orientation, cashiers, admissions,
records, and registration offices).
    (c) Regulations.--The Secretary shall issue regulations to carry
out the pilot project under this section, including regulations
providing for the supervision of workstudy positions referred to in
subsection (a) by appropriate personnel of the Department.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $10,000,000 for each of fiscal years 2009
through 2013 to carry out the pilot project under this section.
    (e) Funding.--Notwithstanding any other provision of law, this
section shall not be carried out with any funds provided for or under
any authority of the Readjustment benefits program described by the
list of Appropriated Entitlements and Mandatories for Fiscal Year 1997
contained in the Conference Report to accompany H.R. 2015 of the 105th
Congress, the Balanced Budget Act of 1997 (H. Report 105-217). Instead,
no funds shall be obligated for the purpose of carrying out this
section except discretionary funds appropriated specifically for the
purpose of carrying out this section in appropriation Acts enacted
after the date of the enactment of this Act.

SEC. 4. MILITARY OCCUPATIONAL SPECIALTY TRANSITION (MOST) PROGRAM.

    (a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by inserting after section 3687 the following
new section:
``Sec. 3687A. Military occupational specialty transition (MOST) program
    ``(a) Establishment; Eligibility.--
            ``(1) In general.--Subject to the availability of
        appropriations, the Secretary shall carry out a program of
        training to provide eligible veterans with skills relevant to
        the job market.
            ``(2) Eligible veteran.--For purposes of this section, the
        term `eligible veteran' means any veteran if--
                    ``(A) such veteran's military occupational
                specialty at the time of discharge is determined by the
                Secretary to have limited transferability to the
                civilian job market;
                    ``(B) such veteran is not otherwise eligible for
                education or training services under this title;
                    ``(C) such veteran has not acquired a marketable
                skill since leaving military service;
                    ``(D) such veteran was discharged under conditions
                not less than general under honorable conditions; and
                    ``(E)(i) such veteran has been unemployed for at
                least 90 of the 180 days preceding the date of
                application for the program established under this
                section; or
                    ``(ii) the maximum hourly rate of pay of such
                veteran during such 180-day period is not more than 150
                percent of the Federal minimum wage.
    ``(b) MOST Program.--The program established under this section
shall provide for payments to employers who provide for eligible
veterans a program of apprenticeship or on-the-job training if--
            ``(1) such program is approved as provided in paragraph (1)
        or (2) of section 3687(a) of this title;
            ``(2) the rate of pay for veterans participating in the
        program is not less than the rate of pay for nonveterans in
        similar jobs; and
            ``(3) the Secretary reasonably expects that--
                    ``(A) the veteran will be qualified for employment
                in that field upon completion of training; and
                    ``(B) the employer providing the program will hire
                the veteran at the completion of training.
    ``(c) Payments to Employers.--
            ``(1) In general.--Subject to the availability of
        appropriations, the Secretary shall enter into contracts with
        employers to provide programs of apprenticeship or on-the-job
        training which meet the requirements of this section. Such
        contract shall provide for the payment of the amounts described
        in subsection (b) to employers whose programs meet such
        requirements.
            ``(2) Amount of payments.--The amount paid under this
        section with respect to any eligible veteran for any period
        shall be 50 percent of the wages paid by the employer to such
        veteran for such period. Wages shall be calculated on an hourly
        basis.
            ``(3) Amount and duration of payments.--
                    ``(A) In general.--Except as provided in
                subparagraph (B)--
                            ``(i) the amount paid under this section
                        with respect to a veteran participating in the
                        program established under this section may not
                        exceed $20,000 in the aggregate and $1,666.67
                        per month; and
                            ``(ii) such payments may only be made
                        during the first 12 months of such veteran's
                        participation in the program.
                    ``(B) Veterans participating on less than full-time
                basis.--In the case of a veteran participating in the
                program on a less than full-time basis, the Secretary
                may extend the number of months of payments under
                subparagraph (A) and proportionally adjust the amount
                of such payments, but the maximum amount paid with
                respect to a veteran may not exceed the maximum amount
                of $20,000 and the maximum amount of such payments may
                not exceed 24 months.
            ``(4) Payments made on quarterly basis.--Payments under
        this section shall be made on a quarterly basis.
            ``(5) Employer report.--Each employer providing a program
        of apprenticeship or on-the-job training pursuant to this
        section shall submit to the Secretary on a quarterly basis a
        report certifying the wages paid to eligible veterans under
        such program (which shall be certified by the veteran as being
        correct) and containing such other information as the Secretary
        may specify. Such report shall be submitted in the form and
        manner required by the Secretary.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated $60,000,000 for each of fiscal years 2009 through 2018 to
carry out this section.
    ``(e) Reporting.--The Secretary shall include a detailed
description of activities carried out under this section in the annual
report prepared by the Veterans Benefits Administration.
    ``(f) Separate Accounting.--The Department shall have a separate
line item in budget proposals of the Department for funds to be
appropriated to carry out this section.''.
    (b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 3687 the
following new item:

``3687A. Military occupational specialty transition (MOST) program.''.
    (c) Conforming Amendments.--(1) Subsection (a)(1) of section 3034
of such title is amended by striking ``and 3687'' and inserting ``3687,
and 3687A''.
    (2) Subsections (a)(1) and (c) of section 3241 of such title are
each amended by striking ``section 3687'' and inserting ``sections 3687
and 3687A''.
    (3) Subsection (d)(1) of section 3672 of such title is amended by
striking ``and 3687'' and inserting ``3687, and 3687A''.
    (4) Paragraph (3) of section 4102A(b) of such title is amended by
striking ``section 3687'' and inserting ``section 3687 or 3687A''.

            Passed the House of Representatives July 31, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Improving Veterans' Opportunity in Education and Business Act of 2008 - Requires that, if the Secretary of Veterans Affairs enters into a contract or other arrangement, on or after June 1, 2007, to acquire goods or services (or both), the Secretary shall include in such contract or arrangement a requirement that the contractee comply with Department of Veterans Affairs (VA) contracting goals and preferences with respect to small businesses owned and controlled by veterans and service-disabled veterans. Directs the Secretary to modify current contracts and arrangements to comply with requirements of this Act.

Requires the Secretary to conduct a five-year pilot project to test the feasibility and advisability of expanding the scope of VA workstudy activities to include workstudy positions available on site at educational institutions, including positions in academic departments and in student services. Authorizes appropriations.

Directs the Secretary to carry out a program of job training in skills relevant to the job market for discharged veterans who are either currently not paid at more than 150% of the federal minimum wage, or: (1) had a military occupational specialty of limited transferability to the civilian job market; (2) are not otherwise eligible for veterans' education or training services; (3) have not acquired a marketable skill since leaving military service; (4) were discharged under conditions not less than honorable; and (5) have been unemployed for at least 90 of the previous 180 days. Designates the program as the MOST (military occupational specialty transition) Program. Directs the Secretary to contract with employers to provide programs of apprenticeship on on-job training for such veterans. Limits such payments to $20,000 per veteran and 24 months in duration. Requires quarterly employer reports certifying wages paid to such veterans. Authorizes appropriations. Requires the Secretary to describe Program activities within a currently-required annual report by the Veterans Benefits Administration.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Fire Regulations
Enforcement Act''.

SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM
              LAND, NATIONAL FOREST SYSTEM LAND, AND OTHER PUBLIC LAND.

    (a) Land Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) is amended--
            (1) by striking ``(a) The Secretary'' and inserting the
        following:
    ``(a) Regulations.--
            ``(1) In general.--The Secretary'';
            (2) by striking the second sentence;
            (3) in the third sentence, by striking ``Any person
        charged'' and inserting the following:
            ``(2) Court procedures.--Any person charged''; and
            (4) by adding at the end the following:
            ``(3) Knowing violations.--Any person who knowingly
        violates or fails to comply with any of the provisions of this
        Act or any regulation issued under this Act shall be--
                    ``(A) guilty of a Class A misdemeanor; and
                    ``(B) subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        sections.
            ``(4) Other violations.--Any person who otherwise violates
        or fails to comply with any of the provisions of this Act or
        any regulation issued under this Act shall--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        sections; and
                    ``(C) pay all costs of the proceedings associated
                with the violation or failure to comply.''.
    (b) National Park System Land.--
            (1) Enforcement.--Section 3 of the National Park Service
        Organic Act (16 U.S.C. 3) is amended--
                    (A) in the first sentence--
                            (i) by striking ``That the Secretary'' and
                        inserting the following:
    ``(a) Regulations for Use and Management; Enforcement.--
            ``(1) In general.--The Secretary''; and
                            (ii) by striking ``Service,'' and all that
                        follows through ``proceedings.'' and inserting
                        ``Service.'';
                    (B) in subsection (a) (as designated by
                subparagraph (A)(i)) by adding at the end the
                following:
            ``(2) Knowing violations.--Any person who knowingly
        violates or fails to comply with any of the provisions of this
        Act or any regulation issued under this Act shall be--
                    ``(A) guilty of a Class A misdemeanor; and
                    ``(B) subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        sections.
            ``(3) Other violations.--Any person who otherwise violates
        or fails to comply with any of the provisions of this Act or
        any regulation issued under this Act shall--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        section; and
                    ``(C) pay all costs of the proceedings associated
                with the violation or failure to comply.'';
                    (C) in the second sentence, by striking ``He may
                also, upon'' and inserting the following:
    ``(b) Special Management Authorities.--
            ``(1) In general.--The Secretary of the Interior may, on'';
                    (D) in the third sentence, by striking ``He may
                also provide'' and inserting the following:
            ``(2) Animal and plants.--The Secretary of the Interior may
        provide''; and
                    (E) in the fourth sentence, by striking ``No
                natural,'' and inserting the following:
    ``(c) Lease and Permit Authorities.--No natural''.
    (c) National Wildlife Refuge System Land.--Section 4(f) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(f)) is amended by striking paragraphs (1) and (2) and inserting
the following:
            ``(1) Knowing violations.--Any person who knowingly
        violates or fails to comply with any of the provisions of this
        Act or any regulation issued under this Act shall--
                    ``(A) be guilty of a Class A misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        sections; and
                    ``(C) pay all costs of the proceedings associated
                with the violation or failure to comply.
            ``(2) Other violations.--Any person who otherwise violates
        or fails to comply with any of the provisions of this Act or
        any regulation issued under this Act shall--
                    ``(A) be guilty of a Class B misdemeanor;
                    ``(B) be subject to--
                            ``(i) a fine under section 3571 of title
                        18, United States Code;
                            ``(ii) imprisonment under section 3581 of
                        title 18, United States Code; or
                            ``(iii) fine and imprisonment under those
                        sections; and
                    ``(C) pay all costs of the proceedings associated
                with the violation or failure to comply.''.
    (d) National Forest System Land.--The eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551) is amended to read as follows:
            ``The Secretary of Agriculture shall make provisions for
        the protection of the National Forest System (as defined in
        section 11 of the Forest and Rangeland Renewable Resources
        Planning Act of 1974 (16 U.S.C. 1609)) against destruction by
        fire and depredations. The Secretary may issue such regulations
        and establish such service as would insure the objects of the
        National Forest System, including regulating the occupancy and
        use of the National Forest System and protecting National
        Forest System land from destruction. Any person who knowingly
        violates any regulation issued under this paragraph shall be
        guilty of a Class A misdemeanor and shall be subject to a fine
        under section 3571 of title 18, United States Code,
        imprisonment under section 3581 of title 18, United States
        Code, or fine and imprisonment under those sections. Any person
        who otherwise violates any regulation issued under this
        paragraph shall be guilty of a Class B misdemeanor, subject to
        a fine under section 3571 of title 18, United States Code,
        imprisonment under section 3581 of title 18, United States
        Code, or fine and imprisonment under those sections. A person
        who violates any regulation issued under this paragraph may
        also be ordered to pay all costs of the proceedings. Any person
        charged with the violation of a regulation issued under this
        paragraph may be tried and sentenced by any United States
        magistrate judge specially designated for that purpose by the
        court by which the magistrate judge was appointed, in the same
        manner and subject to the same conditions provided for in
        subsections (b) through (e) of section 3401 of title 18, United
        States Code.''.

SEC. 3. ESTABLISHMENT OF MINIMUM FINE FOR VIOLATION OF PUBLIC LAND FIRE
              REGULATIONS DURING FIRE BAN.

    (a) Land Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) (as amended by section 2(a)) is amended by adding at the end
the following:
            ``(5) Minimum fine.--In the case of a regulation issued
        under this section regarding the use of fire by individuals on
        public land, if the violation of the regulation was the result
        of reckless conduct, occurred in an area subject to a complete
        ban on open fires, and resulted in damage to public or private
        property, the fine shall be not less than $500.''.
    (b) National Park System Land.--Section 3(a) of the National Park
Service Organic Act (16 U.S.C. 3(a)) (as designated by section 2(b)) is
amended by adding at the end the following:
            ``(4) Minimum fine.--In the case of a rule or regulation
        issued under this subsection regarding the use of fire by
        individuals on the land, if the violation of the rule or
        regulation was the result of reckless conduct, occurred in an
        area subject to a complete ban on open fires, and resulted in
        damage to public or private property, the fine shall be not
        less than $500.''.
    (c) National Forest System Land.--The eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551) (as amended by section 2(d)) is amended
by adding at the end the following: ``In the case of a regulation
issued under this paragraph regarding the use of fire by individuals on
National Forest System land, if the violation of the regulation was the
result of reckless conduct, occurred in an area subject to a complete
ban on open fires, and resulted in damage to public or private
property, the fine shall be not less than $500.''.

Output:
Public Land Fire Regulations Enforcement Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and other federal law to provide that: (1) any person who knowingly violates the provisions of such an Act concerning the management, use, and protection of covered lands shall be guilty of a Class A misdemeanor and subject to fine and/or imprisonment; and (2) any person who otherwise violates the provisions of such an Act concerning the management, use, and protection of such covered lands shall be guilty of a Class B misdemeanor and subject to fine and/or imprisonment.

 Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other federal law to set a minimum fine of $500 for certain fire usage violations on BLM, National Park System, and National Forest System land.